If You're A Terrorist, You're Not Allowed To Use iTunes

from the that'll-show-them dept

Thu, Feb 11th 2010 3:16pm — Mike Masnick

Michael Scott points us to someone who was reading carefully through the iTunes terms of service, and noticed that it appears to say that you can't use the program if you're recognized as a terrorist by the US government. The specific clause reads:

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

And, as Nate Oman notes:

Notice, as I read this clause not only are terrorists -- or at least those on terrorist watch lists -- prohibited from using iTunes to manufacture WMD, they are also prohibited from even downloading and using iTunes. So all the Al-Qaeda operatives holed up in the Northwest Frontier Provinces of Pakistan, dodging drone attacks while listening to Britney Spears songs downloaded with iTunes are in violation of the terms and conditions, even if they paid for the music!

That'll show 'em...

Now wouldn't that be a great lawsuit? Seeing Apple take those on the US terrorist list to court for breaking their iTunes terms of service?

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Filed Under: itunes, terms of service, terrorists

32 Comments

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Envision, 11 Feb 2010 @ 3:24pm

"...including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons."

There's an app for that!
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Pixelation, 11 Feb 2010 @ 3:25pm

Brain boogering.
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Anonymous Coward, 11 Feb 2010 @ 3:26pm

Service would be interesting. However I think this has to dowith the encryption export laws.
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Zebragravy, 11 Feb 2010 @ 3:30pm

iNuke
I'm waiting for the Apple iNuke.
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- Anonymous Coward, 11 Feb 2010 @ 4:43pm
  
  Re: iNuke
  http://images3.wikia.nocookie.net/uncyclopedia/images/5/53/Inuke.png
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Joe Schmoe, 11 Feb 2010 @ 3:35pm

That's like taking down mobsters for tax evasion
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- jd2112 (profile), 11 Feb 2010 @ 9:34pm
  
  Re:
  More like taking down mobsters for jaywalking.
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Pixelation, 11 Feb 2010 @ 3:48pm

I figured it out. When the government catches a terrorist and wants to convict them without revealing their evidence and how they got it, they will simply pull out the confiscated ipod.
"Ladies and gentelmen of the jury, This man had the audacity to commit a most heinous crime. HE USED ITUNES! Death is the only reasonable sentence!"
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- known coward, 12 Feb 2010 @ 6:42am
  
  Re:
  actually this seems pretty reasonable to me, death to the infidel, Death to Itunes.
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Anony1, 11 Feb 2010 @ 3:48pm

Now wouldn't that be a great lawsuit? Seeing Apple take those on the US terrorist list to court for breaking their iTunes terms of service?

Probably more effective than reading them their Miranda "rights" but what do I know?
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DB, 11 Feb 2010 @ 3:59pm

Between that and ..
the recent South Carolina law that requires subversive agents to register themselves, the evil doers do not stand a chance!
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Andrew (profile), 11 Feb 2010 @ 4:01pm

These terms are pretty standard and appear in quite a lot of US EULAs, though it would be a great lawsuit. :)

Along similar lines, Sun prohibits the use of Java for running nuclear facilities, whether or not you're on a watch list.

"You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility."
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- Steven (profile), 12 Feb 2010 @ 12:10pm
  
  Re:
  Actually, the reason behind that is because Java isn't accurate enough in it's programing to run nuclear facilities. I know this b/c I'm a computer science major and I work with Java. Java programs allow for a margin or error when doing math problems. That would (not could) be catastrophic if they designed a program that added did whatever in a nuclear power plant.
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- Steven (profile), 12 Feb 2010 @ 12:11pm
  
  Re:
  Actually, the reason behind that is because Java isn't accurate enough in it's programing to run nuclear facilities. I know this b/c I'm a computer science major and I work with Java. Java programs allow for a margin or error when doing math problems. That would (not could) be catastrophic if they designed a program that added did whatever in a nuclear power plant.
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Ash, 11 Feb 2010 @ 4:02pm

Oh man, this is so old. Saw this years ago when iTunes was still fresh.
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Michael Manry (profile), 11 Feb 2010 @ 4:44pm

Wrong Target
Isn't the intent of putting countries on such a "list" to bring those countries back into some acceptable norm, or to cause regime change? I would think allowing the citizens of said countries access to iTunes would expose them to outside cultures, and wouldn't that be a good thing? Unless, of course, iTunes has some military application about which we don't know.
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Jeff, 11 Feb 2010 @ 4:52pm

Too late.
http://maddox.xmission.com/ - Maddox found it first. Oh and he also has a few words about Macs and iPhones. :D

Genius.
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:), 11 Feb 2010 @ 5:12pm

It could get worse.
The forgot some other stuff:

- If you are a child molester you are prohibit from using this service.
- If you are a fraudster you are prohibit from using this service.
- If you cheat on your spouse you are prohibit from using this service.
- If you kick a dog(mistreat animals) you are prohibit from using this service.
- If you are an embezzler you are prohibit from using this service.
- If you beat children you are prohibit from using this service.

Hmmm...they forgot the children, think of the children.

Although more likely this is as another person pointed out more likely to be a by product of export restrictions and other laws, being worded in a funny way(but it is not). Would be funny to see someone challenge this in court as to see if a citizen looses all his rights after a conviction what would it mean to millions who have a past and are convicted from the banal to the really serious?

Would society really want to enforce this kind of extravagant behaviour, it seems extreme to not let anybody use something. Well that is why people should use other types of service and it is great that Tech Dirt keeps an eye for those things and many readers here point to it when they found things.
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Justin Maloney (profile), 11 Feb 2010 @ 5:18pm

I wonder if this means the guys working away in the likes of Boeing on missile systems (or whoever makes them) for the US government cant use iTunes while designing a missile.

"Hang on Bob, I just gotta install Winamp before I can work on that missile schematic for you..."
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indingoh, 11 Feb 2010 @ 5:29pm

yea it's been in the EULA for quite a while, i remember seeing this on a page one of my buddies linked me from a few months ago. really funny, but the sad thing is they're probably required to inject weird stuff like that to cover their own butts legally.
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Anonymous Coward, 11 Feb 2010 @ 5:30pm

Isnt Brittany Spears a WMD ?
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- FormerAC (profile), 11 Feb 2010 @ 5:35pm
  
  Re:
  a weapon of mass disgust-ion?
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  - Anonymous Coward, 11 Feb 2010 @ 6:14pm
    
    Re: Re:
    lol .... someone with a sence of humour like me :>
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scott, 11 Feb 2010 @ 8:03pm

this has been the case for 50 years
old story, nothing new here. this is a standard disclaimer all exporters use and are required to abide by (the Dud abides, right). Yawn.
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graham, 11 Feb 2010 @ 8:46pm

warning: do not stab self with steak knife while operating this vehicle
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bigjobsboard, 11 Feb 2010 @ 9:41pm

Wow. I never thought ITunes would be so dangerous! LOL. Hey, can I use iTunes to make dynamites? or firecrackers? Or even a match probably? This is really funny.
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Anonymous Coward, 12 Feb 2010 @ 1:01am

im confused, my country: Lebanon is on the terrorist watch list, but i also am a Canadian citizen, may i or may I not use Itunes?

maybe i should call jobs and ask.
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Anonymous Coward, 12 Feb 2010 @ 7:21am

If for some strange reason you can't have a military tribunal in order to execute a known terrorist, just throw him into a civil trial over something he can be locked up for and let the prisoners vent their patriotic frustrations on him. That is, assuming he doesn't just disappear that way.
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Brandon (profile), 12 Feb 2010 @ 12:40pm

Possibly by existing law...
I think this has to do with existing laws that do now allow companies to do business with known/suspected terrorists, embargoed countries, etc...

Unfortunately I seem to have a hard time finding such law (I know I've seen it before though) since my google-fu seems to be failing me.

So take my comment with a grain of salt...
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Nastybutler77 (profile), 12 Feb 2010 @ 2:48pm

Cover Your Ass
This is typical CYA language. God forbid some terrorist said they learned how to wire a bomb by using iTunes. Then Apple could be liable. Thank goodness for lawyers!
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CenSorShot, 21 Jul 2010 @ 12:15am

Oh Great...
That would be an interesting lawsuit.

Steve: "Hey! I just found out that someone has made a bomb with iTunes 7!"

Worker: "How"

Steve: "Just LOOK AT THAT iTunes Nuke heading right for us! I think I smell a lawsuit coming on..."
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RinseiTunes, 29 Apr 2011 @ 8:05pm

wow what a trip. iTunes terrorists watch out!
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