hulugu said:
I'm sorry if I mispoke, my point was that you should try to follow an argreement in the spirit of the agreement and not hunt for legal arguments to avoid doing do once you've already agreed to the contract. You agreed to the contract, as insidious as it may be, you cannot suddenly change you mind because now you don't like the contract six months down the road. If you do you must understand that Apple would be well within their rights to enforce the contract.
The "spirit of the agreement" was something along the lines of "click this button to use iTunes," not some mutual endorsement of their tactics. I think you're being over-idealistic to say that they really expect their customers to even read, much less understand, the "contract" they present.
As I said, if Apple wants to terminate my account for circumventing their DRM, I invite them to -- they will have lost a paying customer and gained nothing. If they take me to court for it, it will be their money wasted, since any way they would have of
knowing what I do with those files for my own personal use would be illegal. Hence, the contract, even if agreed to "in good faith," does not apply in this situation, simply because any way of enforcing it's terms would be illegal.
So I'm pretty sure it's not illegal. Is it unethical? That's really subjective, but here's a breif explanation of why I don't think it is:
--There are no damages -- none of the things I do with my decrypted files cause any damage to anyone (i.e. I'm not redistributing them or anything)
--There is no expectation that every customer read, understand, and agree to that agreement. In fact, because of the relatively small number of people that are even
capable of reading and comprehending that kind of legaleese, I'd say that their entire business model
depends on people using the store without knowledgeable agreement to those terms.