Re: APSL Hidden Nasty's

[Bear Giles <bear@coyotesong.com>]

> I quote:
> "... In any event, you must be of majority age and otherwise competent
> to enter into contracts to accept this license."

1. Apple isn't discriminating against minors because they are minors,
   they're restricting their license to individuals who can be held
   to their word.  Change the legal age of majority and *poof* 16-year-olds
   can get the license... or 20-year-olds can't.

   This is very different from a clause stating that the software
   can't be used by Catholics or Slovaks or green-eyed, red-haired
   women named Carol.

2. This is an open question with the *every* contract and license,
   including the GPL.  At least Apple has attempted to address it.

I'm not sure how the law would apply in this case, but any introductory
business law textbook should cite actual court cases where (for instance)
a car dealer sells a car to someone one week before their 18th birthday, 
they total it within a few days, and then renounce their contract and 
demand their money back.  The teens get their money back... and in some 
cases they don't even have to return the "purchased" item.

In the US (and I expect all other countries), a person can renounce at 
will any contract signed as a minor.  They do not have to renounce the 
contract before their 18th birthday.  A judge might eventually say that 
they've waited too long to act, but this decision is done on a case-by-
case basis.  (E.g., you can't renounce a 5-year contract on your 22nd
birthday, when only months remain on it).

(There are a few exceptions, but those exceptions are because the
minor becomes emancipated and legally competent to act as his own
agent.  Marriage and enrollment in the military are two classic
examples.)

I doubt Apple is worried about a 16 year old today.  They're worried
about a 16 year old who accepts the license today, then renounces it
in 3 years while claiming that he's still legally entitled to all of
the benefits but with none of the pesky restrictions.  This isn't a
problem today because the pace of innovation is so fast that there's
no economic incentive for someone to try it.  But Apple is much more 
of a niche market and it's remotely possible that someone may try to
exploit this loophole.

Bear Giles
bgiles@coyotesong.com
As I understand the law, if I (as an adult