Re:Apple Stole My Music
by Animats on Thursday May 05, 2016 @02:47PM
(#11638754)
It might be worth filing a criminal complaint with the FBI, under the "exceeds authorized access" provision of the Computer Fraud and Abuse Act.[1] Apple's EULA [2] does not give them unlimited access to your computer. It just keeps you from suing them in civil court over it. You probably need a lawyer and a press agent. Someone really needs to take this to court.
See the Justice Department's CFAA guide [2], under "Intentionally Damaging by Knowing Transmission". Also read the section on "Exceeds authorized access", starting at page 11.
This guy was told that the software was operating as intended. That shows criminal intent. It eliminates the defense in the CFAA under "No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware." The CFAA has a civil suit provision: "Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief." That may override the EULA, but this needs legal advice.
See the Justice Department's CFAA guide [2], under "Intentionally Damaging by Knowing Transmission". Also read the section on "Exceeds authorized access", starting at page 11.
This guy was told that the software was operating as intended. That shows criminal intent. It eliminates the defense in the CFAA under "No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware." The CFAA has a civil suit provision: "Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief." That may override the EULA, but this needs legal advice.
[1] https://www.justice.gov/sites/default/files/criminal-ccips/l... [2] http://www.apple.com/legal/internet-services/itunes/appstore...