Linked by Thom Holwerda on Mon 2nd Nov 2009 18:08 UTC, submitted by poundsmack
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Member since:
2006-09-10
The point you're missing is that it's already been paid for. For a contract (written or click-through) to be binding the terms need to be agreed at the point of the transaction.
With your earlier example of phone service you still have to agree to the contract on-line before they'll send you your phone. In most countries you can 'sign' a contract using click through, it's still legally binding.
However you can't impose terms after sale, unless there was a contract at the point of sale explicitly stating that specific terms might change (like interest rates on a credit card for instance).
Apple are within their rights to impose usage terms on their products, but only if it's in a contract at the point of sale, not after sale.