Apple Says That You Can't Give Away A 'Free' iPad Or iPhone In A Contest

from the first-sale? dept

Apparently, Apple has recently decided to start trying to enforce its official "Guidelines for Third Party Promotions," meaning that they're telling people they can no longer offer contests and promotions where the prize is a "free iPad" or something of that nature. Specifically, the "guidelines" state:
  • iPad, iPhone and the iPhone Gift Card may not be used in third-party promotions.
  • iPod touch is only allowed to be used in special circumstances and requires a minimum purchase of 250 units.
  • You may NOT use the Myriad Set font on or in connection with web sites, products, packaging, manuals, or promotional/advertising materials.
  • The use of "free" as a modifier in any Apple product reference in a prominent manner (headlines, call- outs, etc.) is prohibited.
  • You must submit all marketing materials related to the promotion of Apple products to Apple for review.
That all sounds lovingly dictatorial on the part of Apple, but I'm left scratching my head how the company thinks these guidelines are even remotely enforceable. If someone has legitimately bought one of these devices, I can't see under what legal basis Apple can claim that a giveaway promotion violates the law. Perhaps there's a weak trademark claim, but I can't see it holding up in most cases (there could be a few exceptions). But, really, what is Apple thinking here? People use its products in giveaways and contests because the product is desirable . Why fight that?


Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    KeithV (profile), Jun 2nd, 2011 @ 1:51pm

    It's because Steve is the new Messiah

    It goes from God to Jesus to Steve.

    By divine right, Steve can do and say what he wants, and we all have to go along with it.

     

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  2.  
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    Scote, Jun 2nd, 2011 @ 2:01pm

    Apple can refuse to sell to you.

    Apple tracks your purchases. It already limits how many iPads and iPhones individuals can buy. They can simply cut you off from any future Apple purchases in future.

    Seems to me that this rule is primarily enforceable against institutional purchases, where the purchases can be made subject to Apples TOS.

    I can see why Apple wants to stop those sketchy Win a free iPod" scams but it seems like Apple's Steve Jobs control freak mentality may make it go overboard.

     

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  3.  
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    Rikuo (profile), Jun 2nd, 2011 @ 2:03pm

    So...what about those plans you can get from mobile operators, ya know, $40/month and get a free iPhone...can you not be told that the iPhone is free? What about the word in a different language?

     

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  4.  
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    Spaceboy (profile), Jun 2nd, 2011 @ 2:05pm

    I thought this was supposed to somehow deter those 'Free iPad!' banners and links.

     

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  5.  
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    Rikuo (profile), Jun 2nd, 2011 @ 2:05pm

    Re: Apple can refuse to sell to you.

    Quick question about Apple tracking your purchases...I've never even been in an Apple store, but what if I pay with cash? Or does Apple not allow that, or do they insist on signing a form when buying an iPad? Just some clarification please

     

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  6.  
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    Ken, Jun 2nd, 2011 @ 2:08pm

    More reasons why Android is smoking Apple and why the I-phone and I-Pad will become nothing but a niche devises. While Android anchorages openness and access, Apple is circling the wagons. I will NEVER by an Apple product.

     

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  7.  
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    ScytheNoire, Jun 2nd, 2011 @ 2:10pm

    But will they take a kidney for an iPad?

     

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  8.  
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    Anonymous Poster, Jun 2nd, 2011 @ 2:13pm

    "Why fight that?"

    Because Apple wants complete control over everything related to Apple.

    Including its customers' minds.

     

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  9.  
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    Dave, Jun 2nd, 2011 @ 2:16pm

    Huh.

    I guess I'll tell my employer to stop buying iPods/iPads to give away in our sales contests. Good job Apple!

     

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  10.  
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    Nick Burns, Jun 2nd, 2011 @ 2:19pm

    Well, I won an original iPad in an online game. Turned it in immediately for full credit towards an iPad 2, so bully on Apple! :)

     

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  11.  
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    Anonymous Coward, Jun 2nd, 2011 @ 2:19pm

    How am I supposed to feel all high and mighty with my iPad when I'm sitting next to some poor schmuck who had to win his?

     

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  12.  
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    Eric E. Johnson (profile), Jun 2nd, 2011 @ 2:27pm

    I've been waiting for them to do this.

    They have a "weak" trademark claim? Yes and no. Theoretically, it's a weak claim. (The claim would be false indication of sponsorship.) But as a practical matter, it might be a strong claim. Why? Apple has fantastic lawyers. The likely defendants in the first round of cases – people who use enticements of free iPads to push spyware or something equally sleazy – will have weak lawyers. Even lawyering talent being equal, judges often side with prestigious corporations who are big employers over fly-by-night three-person shops. That will allow Apple to establish precedent for its position that it can use against better-lawyered opponents in later rounds.

    Sorry to be such a realist, but that's the way I see it going. In fact, similar dynamics may have already established helpful precedent – I haven't researched the case law.

     

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  13.  
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    Derek, Jun 2nd, 2011 @ 2:27pm

    While supplies last!

    Free i-named pad computing device manufactured by a major fruit-flavored technology company.

     

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  14.  
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    cjstg (profile), Jun 2nd, 2011 @ 2:30pm

    does that make me a criminal

    i just won one last week at an alumni meeting. does that make me a criminal? i'd never make it in jail. wait...someone's coming...got to hide...oh crap!

     

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  15.  
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    Jimr (profile), Jun 2nd, 2011 @ 2:33pm

    Strange I wonder if they will try to take away my FREE iPod Touch that I won. It was new and never opened when I received it.
    How would Apple even know I won it?

    Are they planning on tracking individual unit sales linked to bank account and credit cards?

    I have to agree that I do not see how they could even enforce this.

     

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  16.  
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    btr1701 (profile), Jun 2nd, 2011 @ 2:39pm

    Re: Re: Apple can refuse to sell to you.

    > but what if I pay with cash? Or does Apple not
    > allow that

    No, they don't allow that. At least for some products.

     

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  17.  
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    Jefferson (profile), Jun 2nd, 2011 @ 2:40pm

    Long time lurker here...

    I don't think that this actually relates to mom & pop stores that are giving away free iPads for every gun purchased or something. I think this actually relates to major Retailers, such as Best Buy(tm)(r)(c), Sears(tm)(r)(c) and others(tm)(r)(c).

    Most likely, the prince currently known as Steve Jobs(tm)(r)(c), is wanting to always elevate the price point and value point of the product. He probably was yelling at someone that a free iPad seemingly devalues the product, as does any other kind of promotion in his(sm) mind. So in a vain (valiant?) effort, he's going to try to stifle competition and continue to use and enforce copyrights, trademarks and other blunt instruments on the consumers of his products.

    After a while, folks are going to get headaches (like they did on Blackberries) and go to other places where there is more freedoms.

     

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  18.  
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    Difster, Jun 2nd, 2011 @ 2:46pm

    Apple Giveaway!

    Mike,

    Have Techdirt acquire some damaged apple products and feature them as a give away on your website. Apple's response to that should be ever so amusing.

     

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  19.  
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    Anonymous Coward, Jun 2nd, 2011 @ 2:48pm

    Re:

    Grammar for the loss...

     

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  20.  
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    Anonymous Coward, Jun 2nd, 2011 @ 2:50pm

    Hello, I'm a mac and I live in a totalitarian fascist realm. But hey, it's by apple. I bet if apple made testicle clamps with the bitten logo people would rush to buy them

     

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  21.  
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    Rob, Jun 2nd, 2011 @ 2:52pm

    My favourite is: "You may NOT use the Myriad Set font"

    They're telling us what FONT we can and cannot use now? Feel like making a webpage that says "Win a FREE iPod" in Comic Sans now, just to piss them off.

     

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  22.  
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    DannyB (profile), Jun 2nd, 2011 @ 2:55pm

    because the product is desirable . Why fight that?

    Why fight that?

    Apple is doing a good enough job of fighting it.

    They don't want assistance.

     

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  23.  
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    Big Mook, Jun 2nd, 2011 @ 2:55pm

    Re:

    Not funny. I need a kidney...

     

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  24.  
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    framitz (profile), Jun 2nd, 2011 @ 2:56pm

    Re: It's because Steve is the new Messiah

    "By divine right..."
    Well that may apply to sheep.

    Steve can do what he wants, but we certainly do NOT have to go along with it.

    Leave that to the sheep.

     

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  25.  
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    Pitabred (profile), Jun 2nd, 2011 @ 2:59pm

    Contract law

    Apparently you can buy iPads at a discount from Apple to be used in promotions, and they have language in the contracts for those reduced-price promo iPads that says your promotion can't reflect badly on Apple. Apple is just starting to enforce the contracts. If you buy it at retail and give it away, the doctrine of first sale protects you.

    I'm not 100%, but that's the explanation I saw elsewhere. I hate Apple as much as the next guy, but I don't want to hate them for a non-reason.

     

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  26.  
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    Josh in CharlotteNC (profile), Jun 2nd, 2011 @ 3:04pm

    Re:

    Yes, I imagine the Apple terms of service change will be useful in stopping scammers and malware purveyors who hold even criminal law in high regard.

    /sarc

     

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  27.  
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    Stitches, Jun 2nd, 2011 @ 3:04pm

    Apple Uber Alles

     

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  28.  
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    Rikuo (profile), Jun 2nd, 2011 @ 3:05pm

    Re: Re: Re: Apple can refuse to sell to you.

    Isn't that illegal in and of itself? So if I walk into an Apple store, pick up an iPad, walk to the desk and hand $X00 in notes, they're gonna refuse it? Cash is legal tender for any transaction.

     

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  29.  
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    Anonymous Coward, Jun 2nd, 2011 @ 3:06pm

    Someone needs to show Steve the 1984 commercial Clockwork Orange style.

     

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  30.  
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    cobarde, Jun 2nd, 2011 @ 3:07pm

    Re: Re:

    got a Ipad?

     

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  31.  
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    Almost Anonymous (profile), Jun 2nd, 2011 @ 3:08pm

    Re: I've been waiting for them to do this.

    "Win a pad manufactured by a company that sells a popular line of phones and pads!"

    Trademark claim nullified.

     

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  32.  
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    Almost Anonymous (profile), Jun 2nd, 2011 @ 3:09pm

    Re: While supplies last!

    Damn, I didn't see your post. I guess great minds think alike :)

     

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  33.  
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    Josh in CharlotteNC (profile), Jun 2nd, 2011 @ 3:12pm

    Re: I've been waiting for them to do this.

    The likely defendants in the first round of cases – people who use enticements of free iPads to push spyware or something equally sleazy – will have weak lawyers.

    You're missing a huge step.

    The scammers only need lawyers if Apple can find them, and manage to file suits in their home country.

    They're already hacking and committing fraud and pretty much getting away with it. Why would Apple's TOS bother them in the slightest?

     

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  34.  
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    Anonymous Coward, Jun 2nd, 2011 @ 3:14pm

    In other news Apple now only allows 1 suicide per 10000 iPads made at it's Chinese plants. Good news for the workers!

     

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  35.  
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    rubberpants, Jun 2nd, 2011 @ 3:16pm

    Re: Re: Re: Re: Apple can refuse to sell to you.

    That's because you're not really buying it, you're *licensing* it, the software that runs it anyway. Insane isn't it?

     

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  36.  
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    McBeese, Jun 2nd, 2011 @ 3:16pm

    Re: Re: Re: Re: Apple can refuse to sell to you.

    Correct. Apple is required to take cash as payment for any transaction. However, Apple a free enterprise and is not required to sell you anything, nor are they required to tell you why they won't sell to you.

    See how fast that legal tender law was worked around?

     

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  37.  
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    Anonymous Coward, Jun 2nd, 2011 @ 3:17pm

    Re: Re: Re: Re: Apple can refuse to sell to you.

    There is no law that requires businesses to accept cash. If Apple wants to take only credit cards, debit cards, or cows, they're within their rights.

    This sort of thing is yet another in my growing list of reasons that I refuse to purchase or recommend Apple products.

     

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  38.  
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    Anonymous Coward, Jun 2nd, 2011 @ 3:21pm

    Re: Re: Re: Apple can refuse to sell to you.

    That's OK, best buy still takes cash.

     

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  39.  
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    McBeese, Jun 2nd, 2011 @ 3:24pm

    I'm with you on this one...

    I'm with you on this one, Mike. Apple may be able to exert control over those who wish to be distributors, but if you I go out and purchase an Apple product, as far as I'm concerned I can do whatever I want with the device and I couldn't care less what Apple thinks.

    I'm sure that Apple could restrict the ability to use their copyrighted brand images in promotions, but other than that I think they're out of luck.

    The arrogance of this makes me want to go purchase a handful of Shuffles and run a giveaway campaign on Facebook for 'FREE shitty Apple-manufactured music players.'

     

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  40.  
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    McBeese, Jun 2nd, 2011 @ 3:25pm

    I'm with you on this one...

    I'm with you on this one, Mike. Apple may be able to exert control over those who wish to be distributors, but if you I go out and purchase an Apple product, as far as I'm concerned I can do whatever I want with the device and I couldn't care less what Apple thinks.

    I'm sure that Apple could restrict the ability to use their copyrighted brand images in promotions, but other than that I think they're out of luck.

    The arrogance of this makes me want to go purchase a handful of Shuffles and run a giveaway campaign on Facebook for 'FREE shitty Apple-manufactured music players.'

     

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  41.  
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    Anonymous Coward, Jun 2nd, 2011 @ 3:30pm

    Re: It's because Steve is the new Messiah

    Not anymore. I saw Jesus at Starbucks the other day. He was on a Chromebook.

    Only God and Steve nowadays...

     

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  42.  
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    Mr. Bad Example, Jun 2nd, 2011 @ 3:43pm

    Wait a Minute

    I would think this was just an attempt to stop the endless spam inducements saying "Congratulations! You have won a free I-Pod for being the 1,000,000th visitor to this page!" This clause would certainly let Apple sue the spammers to stop using Apple's name and products as inducement.

    At least, that's what I thought of when I first read it.

     

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  43.  
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    Transbot9, Jun 2nd, 2011 @ 3:54pm

    Re:

    Theoretically, they can do that. Copyrights on fonts are as weak as copyright on clothing, but a typeface can be trademarked.

    Note: A font is a file type with the vector expression of a set of particular characters, and adding a single point to the vector component is all one needs to get around it. A typeface is what the font looks like, usually referring to how the type looks printed. Yes, it is a technicality - but one Apple's well-paid legal team is willing to hammer people with.

     

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  44.  
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    Anonymous Coward, Jun 2nd, 2011 @ 4:16pm

    Re:

    I'm doing just fine with my Android testicle clamps thank you.

     

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  45.  
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    butters, Jun 2nd, 2011 @ 4:57pm

    Re: Re: Re: Re: Re: Apple can refuse to sell to you.

    umm maybe in steve jobs land but not in america.

    you want to sell products ? then you MUST sell them to anyone who has the money.

    try saying you refuse to sell to someone because you do not like their race and see if the cops will back you up on that.

     

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  46.  
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    Josef Anvil (profile), Jun 2nd, 2011 @ 5:05pm

    Changing times

    Does the right of first sale even exist anymore?

     

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  47.  
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    Stropp (profile), Jun 2nd, 2011 @ 5:43pm

    Fine. Just give away a Samsung tablet, or a product from one of Apples other competitors.

    After all Apple don't mind competition do they?

     

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  48.  
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    Zacqary Adam Green (profile), Jun 2nd, 2011 @ 6:09pm

    Re: Re:

    Except Myriad is an Adobe font. Apple has no legal authority over it whatsoever.

     

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  49.  
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    btr1701 (profile), Jun 2nd, 2011 @ 6:15pm

    Re: Re: Re: Re: Apple can refuse to sell to you.

    > Isn't that illegal in and of itself? Cash is legal tender for any transaction.

    No, dollars are legal tender. They have to accept dollars but are not legally required to accept them in form of cash.

    http://legallad.quickanddirtytips.com/legal-tender.aspx

    Is it Legal for Airlines to Refuse to Accept Cash?

    Fred asks whether American Airlines was acting lawfully when it recently announced that it would no longer accept cash for “in flight” purchases, such as food and drinks. As Fred notes, “All passengers are trapped -- there is no means of egress during a flight, unlike a ground-based transport system, or other 'brick and mortar' retail store.” In other words, the passengers can’t defect to a rival airline in mid-flight.

    That’s a great point, Fred -- and thanks to my recent six-hour delay on the tarmac at LaGuardia, I can confirm that airline passengers are, indeed, trapped. But unfortunately, that doesn’t mean that the airlines have to accept our cash. The short answer is that federal legal tender laws require creditors to accept payment denominated in dollars, but generally do not require businesses to accept any particular form of payment -- such as cash. Federal legal tender laws require creditors to accept payment denominated in dollars, but generally do not require businesses to accept any particular form of payment -- such as cash.

    Cash is King

    When we use the term “cash” in the United States, we generally mean coins minted by the US Treasury, and dollar bills, which are actually called “Federal Reserve notes.” Some people think that cash is dirty stuff, but I confess to being rather attached to the stuff. So are a lot of people, apparently, because no-cash policies tend to raise a chorus of protests.

    A couple of years ago, many consumers were frustrated when Apple announced that it would not accept cash for iPhones, and would only accept payment by credit card. In an earlier episode, we explained that Apple was probably within its rights as a private business to require payment by credit cards.

    And now American Airlines’ policy -- which some expect other airlines to follow -- is raising a similar round of protests. It just goes to show how much people like cash. I mean, I could understand making a fuss about iPhones but airplane food?

    What is “Legal Tender”?

    Oh well. What has people confused is the notion that cash is “legal tender.” If you look at a dollar bill -- er, Federal Reserve Note -- in your wallet, you’ll see that it says “this note is legal tender for all debts, public and private.”

    “Legal tender” is what makes an official currency official. It means that a creditor must accept federal reserve notes in satisfaction of a debt. If you get to the checkout line at the local Piggly Wiggly and the cashier demands payment in rubles or pesos you have every right to say “Sorry buddy, but I’ve got some Federal Reserve notes burning a hole in my pocket.”

    You have that right under the "legal tender" statute which states: "United States coins and currency (including Federal Reserve notes and circulating notes of Federal Reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

    Businesses Must Accept “Dollars,” but Not Cash

    This means that US notes and coins are a valid and legal offer of payment for debts when tendered to a creditor. However, although businesses must accept dollars, that doesn’t mean they literally have to take your big wad of bills, which is bulky, difficult to make change for, and, frankly, a breeding ground for germs. A vendor can usually put reasonable conditions on the manner in which they will accept dollars, and one of those conditions can be that they’ll only accept dollars electronically, via credit card. Or, as the US Treasury explains on their website, “Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise.”

    So far, Legal Lad has yet to find a state law that mandates payment in cash. In fact, as we discussed in our earlier episodes, courts in a number of states have dismissed challenges to various no-cash policies. But Fred, if you can find a state that forbids no-cash policies, then you can certainly try to get the airline to accept your cash -- of course, you’ll have to wait until the plane is flying over that particular state. On second thought, if you really have a hankering for rubber chicken, soggy sandwiches, and teeny-tiny bottles of chardonnay, play it safe and bring your plastic on-board.

     

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  50.  
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    Rekrul, Jun 2nd, 2011 @ 6:32pm

    This is just another stop on the "You don't actually own the hardware you paid for" train. All aboard...

     

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  51.  
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    nasch (profile), Jun 2nd, 2011 @ 6:48pm

    Re:

    $40/month and get a free iPhone

    What, with no data plan? Where you do get a free iPhone with a $40 per month plan?

     

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  52.  
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    nasch (profile), Jun 2nd, 2011 @ 6:53pm

    Re: Wait a Minute

    I don't think those people actually have an iWhatever to give away, so this decree wouldn't apply to them anyway.

     

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  53.  
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    Outtanames999, Jun 2nd, 2011 @ 7:39pm

    FREE IPAD! FREE IPAD! FREE IPAD!

    Mwahahahahahahaha

     

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  54.  
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    Alok, Jun 2nd, 2011 @ 7:39pm

    Re: Re: Apple can refuse to sell to you.

    Yes, they have refused cash purchases. The basic idea here was to prevent people from buying multiple iPads and sell them to countries where iPad has not been officially released yet. Nevertheless, I do not think this is any of Steve Gods' business.

     

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  55.  
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    anon, Jun 2nd, 2011 @ 7:46pm

    Can I give a Human CentIpad away?

    Cuddlefish!

     

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  56.  
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    Anonymous Coward, Jun 2nd, 2011 @ 8:57pm

    Re: Re:

    funny as shit

     

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  57.  
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    Anonymous Coward, Jun 2nd, 2011 @ 11:34pm

    Reason 9,544,221,549,154 to not purchase anything dealing with apple....yes i pulled that number out of my ass, i stopped counting the number of reasons long ago.

     

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  58.  
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    Anonymous Coward, Jun 3rd, 2011 @ 12:08am

    Re: Re: Re: Re: Re: Re: Apple can refuse to sell to you.

    Your first statement is 100% false.

     

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  59.  
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    Anonymous Coward, Jun 3rd, 2011 @ 3:35am

    Maybe so they can approve each contest. I've seen a contest to win an Apple iPad and to win you had to say in 25 words or less "Why Apple products suck". I entered it myself, only so I can sell the prize on Ebay as Apple fanboy idiots pay big bucks for second hand used products, so will pay even more for an unopened product.

     

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  60.  
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    Whisk33, Jun 3rd, 2011 @ 5:22am

    Re: Re: Apple can refuse to sell to you.

    >but what if I pay with cash? Or does Apple not allow that

    You can't buy an ipad with cash... Hipsters can't fit more than 3 bills into their tight girl pants. It just isn't physically possible.

     

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  61.  
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    Any Mouse (profile), Jun 3rd, 2011 @ 8:10am

    Re: Re: Re: Re: Re: Re: Apple can refuse to sell to you.

    Any business can refuse service to anyone they wish so long as they are not receiving government funding. If you think you are being discriminated against you are free to file a civil action, but it certainly isn't illegal to refuse to sell.

     

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  62.  
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    WayneB, Jun 3rd, 2011 @ 9:24am

    Prepaid Credit Cards

    The simple solution is to use prepaid credit cards like a Visa Gift Card to make the purchase.

     

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  63.  
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    Beamer, Jun 3rd, 2011 @ 9:30am

    Re: Including its customers' minds.

    Sounds a lot like what Google does wanting to control everything on the internet, including people's minds.

     

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  64.  
    icon
    Steve R. (profile), Jun 3rd, 2011 @ 10:16am

    The Concept of "Sale" Vaporizing

    Another example of a company extending its reach post-sale. Technically if someone buys a product, such as an iPad, they are free to sell it or give it away free. I don't seem much difference between giving something away even when done through a promotional event or not. Apple was already paid for the product, what one does with the product should not be Apple's business.

     

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  65.  
    identicon
    PT, Jun 3rd, 2011 @ 10:28am

    Re: Contract law

    Doctrine of First Sale probably wouldn't protect you. Many years ago I worked for a company making PC based scientific instruments, and when the IBM PS/2 came out we decided to use that as our main platform. Then we got a call from IBM telling us we couldn't resell them. I remember the conversation well.

    (IBM man) "You can't resell a PS/2 you purchased."
    (Us) "Yes we can, we own it, we can do as we like with it"
    (IBM) "No you can't"
    (Us) "Then we don't own it"
    (IBM) "Yes you do"
    (Us) "Then we can sell it"
    (IBM) "No you can't"

    Turned out the BIOS firmware was LICENSED not SOLD, based on a shrink wrap agreement that nobody reads, and the license was not transferable. I'm certain you'll find the same clause somewhere in the Apple product literature.

    It actually points up a bigger problem than just Apple - software can be protected by copyright, patents and licensing all at the same time. No other goods have such unwarranted privileges. It's about time they were cut back and vendors forced to pick just one of the three.

     

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  66.  
    identicon
    Anonymous Coward, Jun 3rd, 2011 @ 10:43am

    Re: Re: Re: Re: Apple can refuse to sell to you.

    Legal tender for all government transactions. A company has the right to not accept cash. This is why all those places can do "no bills over 20"

     

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  67.  
    icon
    btr1701 (profile), Jun 3rd, 2011 @ 12:04pm

    Consideration

    I'm wondering how they can enforce this, since there is no consideration for the agreement, especially with iPad and Touch since you just hand over your money and get the product. You haven't agreed to anything other than that you are forking over 500+ dollars for a computer thing in a small box. Sure, there's probably some shrinkwrap boilerplate *inside* the box or pops up on screen when you start the thing up, but that doesn't somehow retroactively make consideration paid for that agreement. There is no agreement at the time of purchase. When you buy it, you can't be presumed to know that there are terms for the use of the product beyond what is stated on the box especially such that you lose fundamental rights to free use and conveyance of a retail item.

    And to further the point, if consideration is failing at the outset to enforce the contract at the time you purchase the iPad, then only valuable consideration would make any "ratification" of the agreement binding. Therefore, Apple would have to pay (or transfer some other benefit to you) for the ability to enforce the additional agreement you "sign" when you open the box and start the thing up.

     

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  68.  
    icon
    Steve R. (profile), Jun 3rd, 2011 @ 1:41pm

    Re: Consideration

    Companies seem to now believe that when they issue a "policy" it "makes law", therefore they are entitled to proactively take whatever action they need to take to "protect" their so-called intellectual property from "criminals". Due process and private property rights for the consumer are obsolete as far as the corporations are concerned

     

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  69.  
    icon
    nasch (profile), Jun 3rd, 2011 @ 4:15pm

    Re: Re: Contract law

    What if you gave away the iThing and informed the recipient that they weren't getting a licence to use the software on it? Then Apple would have to go after the recipient for using the software without a license, which would be problematic since they never made any agreement with Apple. I wonder if that could hold up in court.

     

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  70.  
    icon
    nasch (profile), Jun 3rd, 2011 @ 4:20pm

    Re: Consideration

    When you buy it, you can't be presumed to know that there are terms for the use of the product beyond what is stated on the box especially such that you lose fundamental rights to free use and conveyance of a retail item.

    Some courts have found otherwise regarding software EULAs. Since iStuff comes with software on it, I assume it has such agreements that you are (in some jurisdictions) bound by whether you want to agree to them or not.

     

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  71.  
    icon
    btr1701 (profile), Jun 3rd, 2011 @ 5:51pm

    Re: Re: Consideration

    > Some courts have found otherwise regarding software EULAs.

    But if you're buying the iPad to give away for free in a contest, you're not going to open the box or start the thing up, so you never even *get* to the point where you're "agreeing" to a EULA. Even a EULA has to presented to the consumer to read before it can be deemed to be "agreed to".

    All you're doing is forking over your money at the Apple store for the packaged product, and unless they present you with some contract to sign there at the register, you've agreed to nothing other than the exchange of money for iPad.

     

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  72.  
    icon
    nasch (profile), Jun 3rd, 2011 @ 7:46pm

    Re: Re: Re: Consideration

    Hey, I'm with you, I don't think they should be at all binding. I don't know enough about the case law to say what exactly would apply in a resale situation, but I don't think it's as clear cut as "no way could the EULA get the reseller in trouble".

     

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  73.  
    icon
    btr1701 (profile), Jun 4th, 2011 @ 12:30am

    Re: Re: Re: Re: Consideration

    Even in this draconian day and age, a customer still has to have the opportunity to read a EULA before being held to its terms.

    If there's a court out there that's held that people are contractually bound to agreements they're not even allowed to see until they agree to them, I'm not aware of it.

     

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  74.  
    icon
    nasch (profile), Jun 4th, 2011 @ 1:15am

    Re: Re: Re: Re: Re: Consideration

    The EULAs state that use of the software constitutes acceptance of the agreement, whether you read the agreement or not. So if you just take the thing home and don't use it, then no, there is no court that would find you're bound by the EULA (AFAIK). But if you use or install the software, then you might be.

    Even worse is many retailers won't accept a return on opened software, so if you don't agree to the terms, you would have to seek a refund from the manufacturer, or try to get the retailer to make an exception.

     

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  75.  
    identicon
    evidence please?, Jun 4th, 2011 @ 8:50am

    links or it didn't happen

    You dudes are getting apple hate all over the place, which is cool and everything, but i'd actually like to know what's actually going on.

    That edited down pdf on fortune's blog (dated april 2010) looks like it's pulled from the terms for discount bulk buyers. It's not in any of the terms for retail consumers.

    Can someone please point to the documentation on an apple website that actually says this, or link to a complete version of the pdf?

     

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  76.  
    identicon
    dwg, Jun 8th, 2011 @ 1:42pm

    Re: Re: Re: Re: Re: Apple can refuse to sell to you.

    Fine. I'll scrub it, then sell the empty iShell (R pending). Linux iPad, anyone?

     

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  77.  
    identicon
    dwg, Jun 8th, 2011 @ 1:49pm

    Re: Re: Re: Contract law

    Scrub it, then let the buyer install all the pirated shit s/he wants. I love that formerly-forward-thinking Apple is falling prey to the same capitalist fucking greed and backwards-think that they beat out in the market to get where they are today. Or, I guess, where they were yesterday. Fuck Apple. I'm building my own shit from now on and running it on Linux. I'm getting my ass on my own grid. Some company thinks it can dictate how I listen to music, what I give away to my friends and when I can turn on the lights? Fuck that.

    And I've been an Apply loyalist since 19-fucking-83.

     

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  78.  
    identicon
    dwg, Jun 8th, 2011 @ 1:51pm

    Re: I'm with you on this one...

    I'm going to buy up iPads and give them away as Frisbees...I mean flying discs. The contest begins AFTER the giveaway, and the winner is the one who heaves the free pad the farthest. Prize is an Android.

     

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  79.  
    identicon
    Avidda, Sep 15th, 2011 @ 11:30pm

    Fine!...not that you care, but never again with apple!

     

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  80.  
    identicon
    Jacky, Nov 24th, 2011 @ 7:35am

    http://get-free-ipad2.com

    Wow it's really amazing post, who's idea is it im sure hes a smart one for making this blog site.

     

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  81.  
    identicon
    jaquanshai benson, Dec 10th, 2011 @ 9:22pm

    reading

    i love ipads

     

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  82.  
    identicon
    Michael Tew, Feb 12th, 2012 @ 3:54pm

    Apple Inc Mobile Promo

    Today, I received an SMS on my mobile phone saying that I had won 900,000 U.K. Pounds in the Apple Inc Mobile Promo and it gave me a claim number. It also asked me to email details of my age, occupation and address to info@applescom.com.
    Obviously, I am VERY sceptical about all of this and I am thinking that it may be a "Scam", so won't be tendering any information on myself (won't even reply to the Text).
    Has anyone out there heard of this happening to them?

     

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  83.  
    identicon
    Aaron Quevedo, Aug 11th, 2012 @ 8:45pm

    I Got a iPad 2 for my graduation gift via my dad won it in a contest at his job so SUCK IT APPLE!

     

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  84.  
    identicon
    John, Aug 20th, 2012 @ 8:19am

    no free iPads--EVER

    I believe that Apple disallows iPad/iPhone promotions because very few of them are real. I have yet to find someone who has actually won an Apple device in an online promotion in the last 3 years.

     

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  85.  
    identicon
    Prem, Nov 12th, 2012 @ 9:25pm

    Re:

    No body is smoking Apple yet. No Android or any other such device has had long queues at the store's door, waiting to sweep off the FDRS (First day release to store), and get sold off the first day itself. Now you may call those people what ever you want, but the fact remains. Apple does not give away freebies but promises you a great product, and still follows DRM very strictly, for many reasons including their own and their partners (including many individuals who make a living out of making apps for Apple products.) Which is a pretty honest way survive, in times where many are looking for cheap and free way to get stuff.

     

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  86.  
    identicon
    wafiy, Nov 22nd, 2012 @ 6:00pm

    i hope anyone give me iphone 4s

     

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  87.  
    identicon
    wafiy, Nov 22nd, 2012 @ 6:01pm

    i love iphone 4s

     

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  88.  
    identicon
    Diana Gonzales, Dec 1st, 2012 @ 8:18pm

    I love using iPad and IPhone they are the best to work with and I take it every were with me. I will till all my friend about this

     

    reply to this | link to this | view in thread ]

  89.  
    identicon
    eman, Jan 5th, 2013 @ 10:45am

    on instagram there are accounts that give away free ipod 5s

     

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  90.  
    identicon
    bells, Apr 16th, 2013 @ 12:10pm

    Response to: Anonymous Coward on Jun 2nd, 2011 @ 2:50pm

    Hahaha, made me giggle. Unfortunely for me I bought an iphone and I have had nothing but problems. Which is not funny. Since I live 4 hrs from store but bought my phone 10 min from house. I cannot even fix my phone. Now I realize how awful their software is and that they don't back up their products. Its insanity that people defend apples actions. I didnt understand the differences between apple and android Just goes to show you how much advertising and dressing up a piece of crap can fool people, yes even me.I cannot wait to get rid of my iphone.

     

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  91.  
    identicon
    Richard Head, Jul 13th, 2013 @ 4:35pm

    I have 10 Ipads and 20 iphones 4s'

    Call me, it'll give you one for free. 316-218-5823

     

    reply to this | link to this | view in thread ]

  92.  
    identicon
    jamie, Oct 28th, 2013 @ 9:41am

    Re: I've been waiting for them to do this.

    there is a different thing for a defense against apple suing you for a legal contest

    there is the thing called simply describing the prize and is not a trademark or copyright issue -- simply describing the prize is not a thing they can win since it is reasonable to say if you give a ipad as prize you tell people what the prize will be under consumer protection laws so people do not show up thinking they can win a new mercedes when the prize is a hershey candy bar and yes you are required to describe the prizes being given under the sweepstakes and lottery laws as well as consumer protection

    so - apple suing for giving away their product is nothing more than a delusional mind by apple since it is not legal to tell people what they can do with things they legally bought

     

    reply to this | link to this | view in thread ]


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