Re: APSL Hidden Nasty's
> 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
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.
As I understand the law, if I (as an adult