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Blogs

  An Example of International Copyright Helping Nobody -- Not Customer, nor Developer, nor Publisher
by Lena LeRay on 05/28/13 02:25:00 am   Featured Blogs
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The following blog was, unless otherwise noted, independently written by a member of Gamasutra's game development community. The thoughts and opinions expressed here are not necessarily those of Gamasutra or its parent company.

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This is the story all about how
My mind got flipped, turned upside down.
I'd like to take a minute, just sit right there,
And I'll tell you how Apple's customer service punished me for wanting to make an in-app purchase.

The Setup

When I make calls to customer service centers, I don't usually have a normal problem. That's the benefit of being more computer-savvy than most; I already know to check the cables, try restarting, clear the cache, etc. This time my problem was simple. I was pretty sure I understood the cause of the problem. When I made this call, I expected to be told there was no help for it and to be on my merry way, but Apple went a step further than that.

Here's my unorthodox situation. I am a U.S. citizen living in Japan. I have a U.S. iTunes account, with which I've been merrily buying things for who knows how many years now from both the U.S. and from Japan. A little over a week ago, I got an iPhone from my Japanese phone carrier. I got it all set up and had no problems using my U.S. iTunes account with the Japanese iPhone.

I already had licenses for some iOS apps, from a time when my best friend got himself an iPhone and let me borrow his iPod Touch for a while. I added to that some new apps, including NimbleBit's Tiny Tower. I decided that I wanted to make an in-app purchase, and that's where I hit a snag.

My phone politely informed me that I couldn't make in-app purchases and suggested that I contact customer service. Hmm, I thought. Maybe it's because I have a U.S. iTunes account and am in Japan. So I tried making a purchase through a VPN. That didn't succeed, either. So I called the U.S. Apple customer service.

The Punchline

I'm not going to give a full run-down of the call. In summary: I told the customer service rep what was up. He got me to give him my user ID so he could "see if [he] could find anything on my account." He was gone for a couple of minutes, and when he came back he told me that they'd put a note of some kind on my account to keep it from allowing me to make any purchases outside the U.S. in the future, that I was in violation of the Terms of Service for having done so at all, and that I would still have access to things already purchased.

His conduct was kind of insulting; he got amazingly defensive in anticipation of hostility which was never going to come from me. He was just doing his job. I was in violation of the Terms of Service, which I should have read more thoroughly. I understood that he had done what he'd had to do to comply with Apple's policies. And that those policies had been put into place because of international copyright law.

I also understood that international copyright law is the devil.

Here's How This Hurts Everybody

First, the obvious one: I, the customer, am impacted. This decision to half-lock my account so the iTunes servers will pay attention to my global location infringes upon my life by making it so I can't buy anything with that account. Yes, I can (and do) have a Japanese iTunes account for making purchases, but then I am stuck with getting my apps in Japanese -- if the apps I want are available at all. Assuming the games I want are there, I don't want the mindless games I play before I fall asleep to be in a foreign language. Furthermore, although I can use both accounts with my iPhone, I can only use one at a time. It's incredibly inconvenient, at best. My motivation to buy anything is drastically reduced -- not to mention the fact that the soft-boiled chicken egg of faith has cracks in the shell now.

Two, it hurts the developers. Why? Because even if I want to buy their software... I can't! You have an amazing new game on the iTunes store? Fantastic. I'll buy it when I go back to the states. If I ever go back to the states. Because I might not. If I do, it'll be years from now. Hopefully I'll remember that your game exists when the time comes.

And third... it hurts Apple itself. Because every lost sale is a sale that Apple doesn't get its 30% cut of.

So if -- as the customer service rep suggested -- these policies are in place because of international copyright law... who the frell is this law helping?

 
 
Comments

Luke Shorts
profile image
The law is helping - athough maybe it helps too much - the content creators and content publshers (usually the latter more than the former). Furthermore , there is no such things as an "international" copyright law but simply copyright laws that apply at national level, although these are to some extent harmonized because of the TRIPS agreement (that any WTO country, such as Japan, must sign).

Anyhow, copyright generally bundles together two distinct kinds of right: the right to make copies of a work and the right to distribute said copies. The latter right is normally exhausted after the first legal sale of a work is made (the so-called "first sale" doctine, although its application is arguably limited in case of digital copies - but that's another story), but until then the author or distributor of a given work has the right to withhold its availability in certain area, to apply different prices, or to impose any other arbitrary restriction he or she wishes. While Apple might have a business case for blocking you from making in-app purchases, I can't imagine a legal reason that would oblige them to do so: it's entirely their choice. As a customer, your only (legal) defense is to say "**** you" and never touch their products again.

TL;DR version: This is not the law's fault, but Apple's. Blame them and their draconian ToS if you are looking for the cause of your incovenience.

Lena LeRay
profile image
Alright. But it still doesn't help Apple to tell me I can't buy things from them.

Luke Shorts
profile image
I agree. But that's their choice: it's not that they CAN'T sell stuff to you, it's that they WON'T. Copyright is just the means to such an end. It all sounds incredibly stupid, but as the ancient used to say "the gods drive mad those whom they want to destroy".


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