Apple requiring 'Purchase Agreement' not to export or unlock iPhones?

[boss1]

...If you do this, you become a viable target for breach of contract, and Apple can take you to civil court....

I see. I understand the effort here by Apple and this contract may hold up in court but if the seller is savvy they could still get away with selling iPhones publicly fairly easily.

You ever see those bootleg mixtape websites where they sell you a sticker for $7 and also happen to include a full length CD in the bag as a gift.

You purchase a sticker, you get Britney Spears.


I'm not saying this would work with iPhone, I'm just pointing out: Where there's will there's a way. Even if the will is ill.

 

[CalBoy]

I see. I understand the effort here by Apple and this contract may hold up in court but if the seller is savvy they could still get away with selling iPhones publicly fairly easily.

You ever see those bootleg mixtape websites where they sell you a sticker for $7 and also happen to include a full length CD in the bag as a gift.

You purchase a sticker, you get Britney Spears.


I'm not saying this would work with iPhone, I'm just pointing out: Where there's will there's a way. Even if the will is ill.

The law isn't as black and white as that. In most cases, the intent of an action is more important than the action itself. However, your sticker point is proof of how even the most iron-clad of contracts has loopholes built into it.

 

[Sun Baked]

http://wwss.apple.com/shorttermagreement/FMPro

This request form is used to enter into a Short-Term Purchase Agreement with Apple Inc. This is a biannual Agreement that is non-negotiable and expires twice a year. Apple reserves the right to make final determinations on whether organizations are eligible to purchase via the Education, Enterprise, State and Local Government Agencies, or U.S. Government Agencies channels, as appropriate. If you have any questions while you are completing the application, please contact the Austin Contracts Management Team for assistance.

Please read the affiliation descriptions below and click here to review the terms and conditions and submit your request.

Education Institution

Eligible purchasers are not-for-profit, degree-granting institutions organized for educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. Eligible purchasers include Purchaser and any school districts and their school system, Boards of Education, State universities and colleges, and community, vocational, and technical colleges.

Business/Enterprise

Eligible purchasers include small to large companies and their wholly owned subsidiaries, corporations, partnerships, and sole proprietorships.

State and Local Government Agency

Eligible purchasers include Purchaser and any state agency or department, county agency or department, city agency or department (including fire departments and libraries), special district, port authority, municipality, or township.

U.S. Government Agency

Eligible purchasers include any U.S. Government Agency or Indian Reservation. Products purchased will be for purchaser's own use in the continental United States, Alaska, Hawaii and at U.S. military overseas locations, subject to U.S. export laws.

Hmmm... I don't seem to fit Apple's entity description. And I'd sure like the enterprise discount if they are going to foist this claptrap off on me.

 

[gikku]

LOL, priceless.

It's a piece of paper! care factor? zilch.

The phone is to be exported anyways, just as soon as I can find a post office/pack my luggage.

It's my phone now, I'll do whatever the heck I like with it, including brick it if I want !!!

 

[Hellenek]

Actually, the contract does say that you cannot sell the phone to anyone else, and that you cannot take it out of the country for the purpose of sale. If you do this, you become a viable target for breach of contract, and Apple can take you to civil court.

In fact, now that I piece this together, it makes a lot more sense now. Apple is trying to stop people from buying the iPhone here and then taking it to the UK or Germany, where the Pound Sterling and Euro make the phone more expensive by some decent margins. There would be a strong interest for some to sneak the phone to Europe and sell it for a profit (yet still below the cost in the UK or Germany).

I think this is targeting the phones going to Europe more than hacking. The extra cost for the European phones just isn't funny.

Another thing, everyone's assuming the phones will be sold outside the USA. How about those who pool their money together and ask their friends visiting the USA to buy them iPhones? This person will turn up with cash for iPhones that won't be 'for sale'...

 

[Rooskibar03]

Something tells me this new policy has a lot to do with recently announced 250,000 iPhones that have been sold to unlockers and exporters.

Thats 250k streams of revenue that apple isn't get a cut of. I'd say thats a pretty good reason to try and do something to cut that number down.

 

[gceo]

doesn't seem like any big deal, unless you're in the biz of unlocking. perhaps att obligates them to do this.

they must have a real busy legal dept, those two.

 

[taikoboi]

even if you get caught all you have to do is do a iphone restore on itunes..

 

[CrockettGTO]

It could possibly be their preparation for when they release the SDK in 2008 (also exporting or reselling) Their plan could be to have a "viable" method for denying the customer the ability to install 3rd party apps through some kind of block after a "sniffer" install determines the device is hacked. A loop hole for them bricking??
Who knows.

 

[PhusioN01]

But what exactly is the risk for one individual that wants to export and unlock one iPhone (only one) to send to a friend on another country, breaking obviously the "short-term purchase agreement"? How can Apple or AT&T know that that specific phone was exported and what they can do about it? Sue the person that bought it?