Comment by bhnmmhmd | Hacker News Reader

Comment by bhnmmhmd | Hacker News Reader

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I refer you to read Apple's Software License Agreements carefully. They're here: https://www.apple.com/legal/sla/

Specifically it states: " The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your iOS Device (“Original iOS Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Apple (“iOS Software Updates”), whether in read only memory, on any other media or in any other form (the Original iOS Software and iOS Software Updates are collectively referred to as the “iOS Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and its licensors retain ownership of the iOS Software itself and reserve all rights not expressly granted to you."

If a person has agreed to these terms, I don't see how they can complain about Apple's policies in the future. The same software that isn't owned by the person, but is Apple's, now refuses to run Steam Link. The person who agreed to such terms had it coming, you can't blame Apple for that.

Would you agree to those terms if you had a realistic alternative?

Is this contract written in a way that provides equitable consideration to the user for the provisions that solely benefit Apple?

Doesn't seem like it.

The ability of Apple to include those take-it-or-leave-it terms suggests a dominant market position (strong market power) held by Apple, regardless of other mobile device platforms.

The license is a "Contract of Adhesion" "where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position.

While these types of contracts are not illegal per se, there exists a very real possibility for unconscionability." (Wikipedia)

with unconscionability being "a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract."

> Would you agree to those terms if you had a realistic alternative?

What do you mean? If one doesn't want to agree with such terms, there are quite many android alternatives, some of which even better than iPhone/iPad in certain aspects.

Sometimes you may be required to use iOS by an employer, client, or for a particular app.

Take it or leave it...

Of course, it all may well depend on whether such terms are reasonable and legal. There are plenty of consumer protection laws that nullify all sorts of 'agreed' terms.

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