Skip to Content

iTunes 8 adds podcast controls, terms of service geographic limit (not new)


In the iTunes 8 new features listing, a couple of tweaks may have been overlooked. Podcast subscribers have long yearned for more granular control over downloading and retention in iTunes -- "keep three episodes" might be great for Wait Wait, Don't Tell Me or Mac OS Ken, but what about Coverville or You Look Nice Today? You'd surely want to keep those & other awesome 'casts in perpetuity, and there are some podcasts that are so large you want to cull them after one download.

Now, iTunes 8 lets you apply retention policies on a podcast-by-podcast basis. Select the podcast in the list and click the "Settings" button at the bottom of the window, then UNcheck the "Use Default Settings" box to enable custom prefs for that particular show. Dee-lightful! Unfortunately, podcast-to-iPod sync settings are still one for all and all for one, but this is a step in the right direction.

Update: Comments below (and a visit to the Wayback Machine) have confirmed that the territorial clause in the iTunes store TOS is not a new addition with v8, but has in fact been in place for quite some time. It's interesting that it only came up as a topic of discussion now -- perhaps because everyone was forced to reaccept the TOS with the new version, and read it a bit more carefully? It's also looking like the clause was displayed front and center on the new TOS acceptance screen; this degree of prominence seems to be new, and probably attracted attention to the pre-existing restriction. In any case, our apologies for the error.

Speaking of minor changes that might have major implications, a number of readers have expressed concern about something that Robert originally pointed out in his rundown of iTunes 8: that the iTunes store terms of service (long a source of controversy in Europe) now include have long included a clause restricting use to the geographic area where the user's account is established. In the US the rule reads:

10. Territory. The Service is available only in the United States. You agree not to use or attempt to use the Service from outside of the available territory, and that Apple may use technologies to verify your compliance.

There are several classes of users who might run afoul of this restriction: travelers who shop in their home stores while venturing abroad, for example, would technically be in violation... but our suspicion is that these casual, intermittent border-busters are not what Rule 10 is about. Instead, any enforcement of this restriction is likely to be aimed at users who live in one country and establish an iTunes store account in another -- allowing them to buy TV shows or movies that may not be available yet (or ever) in their localities.

Certainly the content providers who sell their wares through iTunes may choose not to sell their programs to a particular region at a particular time; that's their prerogative. It seems somewhat myopic, however, to think that enforcing restrictions by geography in the iTunes store will have any effect other than to drive revenue and customers from the quasi-legal market firmly into the rip-and-download underground.

Thanks to Eric & Mark


Categories

iTunes Podcasting

In the iTunes 8 new features listing, a couple of tweaks may have been overlooked. Podcast subscribers have long yearned for more granular...
 

Add a Comment

*0 / 3000 Character Maximum

29 Comments

Filter by:
Rob In der Maur

One other great addition to iTunes 8 is the much improved possibilities to update meta information for TV shows and movies.

September 11 2008 at 5:36 AM Report abuse rate up rate down Reply
WebManWalking

The regional restriction was definitely in iTunes 7. I ran into it trying to find the sexy, naughty, bitchy video of Sexy, Naughty, Bitchy by Tata Young, a Thai singer. iTMS didn't have it under Tata Young (a few other songs, but not that one), so I had the idea to use the My Store drop-down menu at the bottom of the window to switch to Thailand. (She's famous there, so surely they would have it, right?) Instead, it took me to the App Store! I reported it to Apple as a bug. I was later informed that my address had to be in a country to use its iTunes store.

You would think that Thailand would want her to be able to sell her songs in the US and tax her increased income, or get more sales tax on the more stuff she could afford to buy, or whatever. However their government makes its money, I'm sure that having more money coming into their country helps.

September 10 2008 at 11:00 PM Report abuse rate up rate down Reply
Rob

Movie studios have been trying to enforce "geographic restrictions" for years. They created "Regional Codes" for DVD's so a DVD bought in one region will not play on a DVD player used in another region.

Why did they so that? So the Movie Studios could charge different prices for the same DVD! If the region is wealthy, the movie studies will stick it to the consumer and charge a higher price.

Remember Movie Studios have a MONOPOLY over each DVD title.

This has forced many users to buy DVD Region Free drives so that they can watch the DVD's they legally bought abroad!

Apple, the Record Companies and the Movie Studios are trying to do the same thing with online downloads! What a rip-off!

September 10 2008 at 9:11 PM Report abuse rate up rate down Reply
rafaelc378

As I stated in my rant yesterday in the original iTunes 8 posting, I'm a US Citizen living as an Expat in SE Asia. I'm still legally a New York State Resident (Own property, Driver's License, Car Registration, Voter, etc) and have valid Credit Cards that use my NY address.

If Apple, the record companies, & the studios want to go after pirates or people using loopholes who don't have a true US address, fine. There are people here locally who sign up for a US acct using iTunes gift cards, who don't have a US address or credit card. Some have never even been to the States.

But there's a sizable population of Americans living abroad who are Apple & iTunes customers. In my condo complex, there are literally dozens of people I know who are in my same situation. That is, people who have permanent addresses in the US, who are living abroad temporarily due to work and/careers. I met with some last night and they were as PO'ed as much as I was.

Again, none of us are doing anything illegal. We're not distributing Movies, Shows, or Music. We just want to continue being paying customers without fear of having our US store accounts being suspended in violation of the ToS.

September 10 2008 at 9:10 PM Report abuse rate up rate down Reply
Chris Stevens

Utterly stupid, I am a British resident, living in Australia and I also have a valid US credit card why shouldn't i be able to buy things from other stores?

I rarely use Bittorrent, it is too slow and too unreliable when iTunes works so well but deny me the right to buy from the US store and I will just P2P.

Record companies are idiots, they deserve everything they get and artists will go independent and cut them out eventually.

September 10 2008 at 8:20 PM Report abuse rate up rate down Reply
cchen

I'm currently in the UK and it appears that only the HD episodes are geo-blocked (they show up grayed out in my Shopping Cart and marked as 'Unavailable') but I am still able to download/purchase standard definition TV shows as well as music.

September 10 2008 at 8:10 PM Report abuse rate up rate down Reply
Pimpin

I think most of the geographic limitation has to do with the content providers and to whom the monies are to go to.
Content providers dont always own worldwide licenses for the content, then may only have licenses for one country. So if someone for France buys American content (that maybe available in France), the money should go to the content provider in France and not in America.
I believe Apple is just trying to cover their collective asses incase there is any legal hang-ups on who owes who money in the future.

Or then again it could be a worldwide conspiracy.

Yea, definitely one of the two.

September 10 2008 at 5:58 PM Report abuse rate up rate down Reply
sjkhuth

I think it's pretty ridiculous, especially in times where companies have to fight to get users to buy music, and now they're telling you that you are convicting a crime by not buying the stuff from your country's iTunes store?
I can order CD's in the US and ship them home to Germany. I hate synchronized movies, so why would I buy an American TV show like Heroes that's in German when for the same price (with the $ being so low actually less) I can have the original. I guess that's the problem though, you can buy a song for .99€ or $.99, which would be .70€, so 29 cents less.
I guess now with the App store and all, a lot of people are taking advantage of this, I'm pretty sure they'll get into some trouble for that. Plus, what are they gonna do about it? I can buy gift cards for the US store here and still use them everywhere else...

September 10 2008 at 5:23 PM Report abuse rate up rate down Reply
colouroflight

All this talk over a TOS agreement...

Meanwhile informed consumers continue to choose the convenient, DRM-free "rip-and-download underground," as you so condescendingly put it.

September 10 2008 at 4:59 PM Report abuse rate up rate down Reply
1 reply to colouroflight's comment
Michael Rose

Wasn't meant to be condescending -- was meant to be accurate. Sorry if you were offended.

I would suggest that "informed consumers" is a light gloss of a description for the majority of P2P users. "Underground" in the sense of a revolutionary movement is exactly what I meant to say and I believe it is a fair characterization of the new reality of media consumption.

Had I referred to "freeloading, basement-dwelling bandwidth hogs and copyright cheats who believe constant entertainment is a God-given right, and who are too damn cheap to pay a fair price for the creative work of thousands of artists..." that would be condescending.

September 10 2008 at 5:10 PM Report abuse rate up rate down Reply
HZC

"Unfortunately, podcast-to-iPod sync settings are still one for all and all for one, but this is a step in the right direction."

What do you mean by this? I've been selectively sync'ing specific podcasts to my iPhone for a long time now.

September 10 2008 at 4:54 PM Report abuse rate up rate down Reply
1 reply to HZC's comment
Michael Rose

I mean you can only use one set of on-device retention settings for all the podcasts you choose to sync. "3 most recent," "All unplayed" etc. applies to the entire set of podcasts checked for syncing.

http://skitch.com/mike/iwi3/podcast-sync-setting

What I want is the ability to say "Sync all the episodes of sudowrestling, but only the last 3 of All Things Considered."

September 10 2008 at 4:59 PM Report abuse rate up rate down Reply
Buy an ad here

Hot Apps on TUAW

Tweets

© 2012 AOL Inc. All Rights Reserved.