Apple Nixes iPad Giveaways 388
KingSkippus writes "According to a story at CNN, Apple has begun enforcing third party promotion guidelines (PDF) that, among other things, restricts organizations from giving away iPads, using the word 'free' to describe any Apple products in a prominent manner, or promoting giveaways of iPod Touches in lots of less than 250 and with Apple's explicit approval."
They did what now? (Score:3, Insightful)
You can't prevent someone from giving your product away. If they bought one, you can't keep them from giving that product to someone else.
captcha: astound
As in, I am astounded that they think this can possibly work.
Enforceability? (Score:3, Insightful)
Is there any legal weight behind this, or is this just gesturing on Apple's part? It certainly seems like Apple shouldn't have any control over what I do with my iPad once I've bought it; no matter if I give it away for free, stick it in a blender, or install my own bootloader. It's certainly their prerogative if they want to say that any of those things void my warranty, but I don't think they can enforce any of their demands on me.
Legal basis (Score:2, Insightful)
Easy workaround. (Score:1, Insightful)
A middleman party buys the iPads. This person then sells the entire lot for one cent to the giveaway party. The third party is not encumbered by the agreement, and can do whatever the hell they want.
Such sheninigans (Score:4, Insightful)
Re:They did what now? (Score:4, Insightful)
You can't prevent someone from giving your product away.
No, but Apple could chose not to ship you anymore iP[a/o]ds. This is targeted at retailers trying to use the products in a promotion to get customers, not at a normal user who wants to give their device away to a friend (although I'm sure that they've already developed DRM to do just that).
Apple is probably doing this as a proactive maneuver to protect their brand name from being cheapened.
Re:lolwut? (Score:4, Insightful)
I'm not sure what they are going for here. If there is a give-away do they think it will water down the brand?
Not "water down"; but "devalue".
Personally, I was trying to figure this seemingly wrongheaded policy out myself. And I think I might have figured it out.
It's called "Perceived Value". Successful marketing in a "technology-driven" company is a curious combination of understanding current (and future) "technology", plus MBA skills, Communication skills, with a dash of Psychology. And the "Psychology" part of that equation tells the Marketeer that when people get things for free, they don't "value" them (or not as much). This, curiously enough, extends even to the people who don't actually receive the item; but even just could have received it.
Think about it: "Everybody" knows that, when when anybody, especially a business (who is, afterall, "in it for the money"), gives something away, that it is very rarely something they could have easily "made money on" (even if they don't actually sell that item themselves).
We are all somewhat "conditioned" to the fact that, only "worthless" items are given away as "Promotion". Often it is basically true. Sometimes not (like, for example, a car); but, in all cases, the "Perceived Value" effect remains in the back of everyone's mind. And Apple is smart enough to pay attention to those nuances of human behavior. it doesn't make them evil, or "dickish"; just perceptive.
Re:only applies to special contract purchases (Score:5, Insightful)
Re:Ok? (Score:5, Insightful)
Re:They did what now? (Score:5, Insightful)
No, but Apple could chose not to ship you anymore iP[a/o]ds. This is targeted at retailers trying to use the products in a promotion to get customers, not at a normal user who wants to give their device away to a friend (although I'm sure that they've already developed DRM to do just that).
A small bank decides to run a "win one of 5 iPads" competition to new customers. How is Apple going to stop them from sending someone down to the local department store to buy them? (Or five staff to different stores if they want to be sneaky!) Heck, is Apple going to start interrogating every shopper in an Apple Store? "Admit it! You're going to give this way in some filthy raffle aren't you, Miss Whatever-your-name-is! And I bet that's not even a real beard!"
Re:Ok? (Score:3, Insightful)
Re:They did what now? (Score:4, Insightful)
Don't you mean:
iP([ao]d|hone)s
That's not the way trademark law works. (Score:4, Insightful)
Of course, anyone can sue anyone for anything, but Apple would have to prove that the marketing was done in a manner to make it appear that Apple endorsed the contest; simply advertising that you are giving away a product by the name of the product is not sufficient.
Don't use the word Free??? (Score:3, Insightful)
Sieg Heil!
Re:They did what now? (Score:3, Insightful)
Re:They did what now? (Score:4, Insightful)