Trying to be legal but no-one likes to talk about it.

2011 a new year and with it new challenges. This year we have had to restart the iPad trial as the grade 6’s went to year seven at high school. We have 22 grade 5’s coming into the trial (12 existing iPad users now in grade 6)  and have been thinking of how we can best use our money and be legal.

Last year all students were given a $100 iTunes card and the job of creating iTunes accounts at home with their parents. For some this was successful. It relied on parents having time to sit and download the apps, families having broadband and download capabilities and a lot of trust. I ended up having to check all the iPads for the apps they were supposed to have which took a  long time.

As well, now with the grade 6’s gone to high school and the apps being purchased in their family’s account we no longer have access to the apps. So we have had to buy them again. This will not be sustainable in the future to have to rebuy all apps every year.

Last year with each student’s parents downloading the apps it meant we were following the iTunes agreement. I have taken parts of the Apple agreement (Australia) to discuss the legalities as I see them.

“You acknowledge that, because some aspects of the Services, Products, and administration of the Usage Rules entails the ongoing involvement of Apple, if Apple changes any part of or discontinues the Services, which Apple may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that, to the full extent permitted by law, Apple shall have no liability to you in such case.”

When we started using iTunes and the apps store in 2008 it was legal to download the app once and sync to as many iPods as you liked. Last year we were told by Apple representatives that it is no longer legal to sync apps to many iPods from one iTunes account at school.

Further to this the agreement now states,
“This license does not allow you to use the Licensed Application on any Apple Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Except to the extent that applicable laws prevent Apple restraining you from doing so, you may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Mac Computer or iOS Device to a third party, you must remove the Licensed Application from the Mac Computer or iOS Device before doing so.”

Are we at school making the application available via the network for multiple devices to use?

We thought about creating an iPod account that could be accessed around the school for all iPods from each computer. We decided against this due to bandwidth and dragging apps across the network. Syncing would be very slow but also it’s illegal.

(i) You may download and sync an App Store Product for personal, noncommercial use on any iOS Device you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download and sync an App Store Product for use by either (a) a single individual on one or more iOS Devices you own or control or (b) multiple individuals, on a single shared iOS Device you own or control. For example, a single employee may use the Product on both the employee’s iPhone and iPad, or multiple students may serially use the Product on a single iPad located at a resource center or library.
(iii) You shall be able to store App Store Products from up to five different Accounts at a time on compatible iOS Devices.”

So the words “on devices you own or control” lead one to think yes we control the devices at school so we should be able to sync the app to all the idevices we control.

But then in the next paragraph educational institutions are explicitly referred to but it also says ….“for use by either (a) a single individual on one or more iOS Devices you own or control.” So we control 30 iPods so does that mean we can sync apps to 30 iPods as we control them? Or does it mean we can only sync an App to each different type of idevice ie ipad, ipod and iphone once and the user can use either of the idevices?

Interpreting the agreement is interesting. However in Australia Apple representatives have told us that each idevice has to have a licence for the app.

So why not keep just syncing one app to 30 iPods? Well digital citizenship is something we are promoting and meant to be modelling to students. Do we condone pirating music, software or copy right issues? No we don’t so we need to make sure we are not pirating apps.

So for 2011 we decided to create school iTunes accounts with an email for each account to receive iTunes receipts and invoices that can be used for auditing. Then we will put credit into each account and download the apps at school. We will authorise the accounts on a school computer and the students will authorise the account to their home computer.

If we were in the US we could use the volume purchasing agreement that is available for education. This would allow us to purchase multiple copies of apps.  But here in Australia ( and UK, NZ and Canada) it is impossible to purchase multiple copies of apps from one account.

At the end of the year when the students hand back their iPads we will sync and deauthorise all computers and reauthorise the school computers and change the password on the iTunes account. Hopefully this will allow us to continue to use the apps next year without repurchasing them.

For our school iPods we are creating an iTunes account for each grade but an email account for all iPods. We will download the apps into the one grade iTunes account and then gift them to the other accounts, but not redeem but sync then to the original account with the downloaded apps. Then for audit purposes we can use the invoice with the gifting as proof of purchase.

So this all sounded very good in theory but when I attempted to create 22 iTunes accounts for the iPads after the fourth account I had a message-
iTunes message after adding code from iTunes card.

My colleague @loisath suggested that iTunes has detected many accounts coming from the one IP number and treats it as spam. (Lois had this problem when creating many google accounts and so spaced them out.) So I will try again on another computer and at another time so see if I get the message. In the meantime I created an apple ID for the account that wouldn’t create but haven’t got back to the site to email my problem to Apple. As I teach classes at school and have to fit this in between. I don’t have time for lengthy processes. So the email will have to wait until Monday.

I’ll try to create an iTunes account from another computer at school and see if it works. Buying all the iTunes cards was interesting and it took the cashier 45 minutes to validate all the cards. Luckily I decided to only buy half the amount I needed.

I have tried to discuss this issue on twitter with my PLN but have found people don’t really like to engage in this conversation. A few have admitted they just download once and sync to many devices. Hmm…to be continued. Here are some great links where others are talking about it- ( so yes some people are talking about it)

Fraser Speirs – App management and syncing

Warren Hall’s Core-Ed blog and iTUnes and Apps in schools post (NZ)

Volume purchasing explained by Tony Vincent- (US)

We have purchased silicon skins for the iPads and iPods and are still waiting to find a supplier for the hard cases for the iPads. We need 10 cases. The silicon cases will absorb the shock when the iPads are placed on a table or dropped to the table on corners etc. And it allows the iPad to fit in the hard cases we want to buy.
Oh and one more thing we have our iPad/netbook information evening next week so I’ll let you know how it goes and about the paper work.

10 thoughts on “Trying to be legal but no-one likes to talk about it.

  1. Thanks for sharing your research into this important topic Jenny.

    We have just purchased a fleet of iPads for school are trying to work out how we are going to synch them all with apps.

    You can see why schools would synch apps across multiple devices. It soon becomes an expensive exercise buying 25 copies of the same app. With so many schools going down the path of using mobile devices I too hope that volume licensing becomes available in Australia.

    Keep us posted on how things go with Apple.

  2. Great post highlighting the issues to be pondered. I completely agree about the digital citizenship angle – this is something I am always conscious of modelling to the students, even though I may not have been so great on this front in the past. While I know students use all sorts of illegal workarounds to do what they want with technology, I think it’s vital that we provide a model of how (and why) it should be done fairly and legally.

    I’m looking to buy a small set of ipods for our school so will need to consider some of these things myself shortly – thanks for the ideas!

  3. Jenny,
    As you have said, Apple must do something to remedy this rediculous situation.
    Schools are trying to be good digital citizens, they must be, to help the continuation of more great apps. our kids need them to enhance more effective learnig opportunities presented by iDevices.
    C’mon Apple, how about volume licencing for Oz

  4. Hey! Where’s the acknowledgement of the clever person who came up with this crazy syncing idea? 😉

    I have a couple of comments:

    1. It wasn’t ever ‘legal’ to sync one account to many devices – it just wasn’t clear in the terms and conditions. Some people say that Apple reps told them to do it (I am one of those people), but what I was told was that “while Apple aren’t preventing you from doing it, then why not do it?”. I think most people assumed that if Apple didn’t want people to do this, they would have made it impossible. What I think is really the case, is that Apple didn’t consider how many schools/businesses would jump onto this. They are a consumer-oriented company, and openly admit this. How many consumers are likely to purchase a large number of devices, and then give them out to others to use?

    2. The new terms and conditions gives an example, that makes it very clear: 1 iTunes account – multiple devices is only for a single user; if multiple users of the device: 1 iTunes account per device. In this case the “own or control” clause becomes irrelevant.

    3. I would like to suggest a reason why your PLN may not want to talk about it: because Twitter is not a great vehicle for this conversation. There’s way too many expletives to be used, and doing this in bunches of 140 characters just doesn’t cut it!!!

    4. Are the students going to be able to add their own content/apps to the iPads? A key component of mobile learning is the functionality of a device, created by the user personalising it for their own needs. I have been carrying school-owned iPad around since July. For about 6 months, I didn’t install my own email/Twitter/Facebook content; I didn’t add music or videos from home. It was simply there for random use. I only started using it for anything productive when I personalised the device with this type of content. Now it is my first choice of device for almost everything. I’ll use my iPhone when I don’t have the iPad. I’ll go to my laptop when I have to create content for my class that involves serious multi-tasking, or when I need to share visually with a large group (via a projector).

    The iPad is SO, SO much better, now that I treat it as mine!

    Good luck, this year!


  5. One more thing (VERY IMPORTANT): you can’t gift apps with iTunes credit: ONLY VIA CREDIT CARD.

    I hope you read this before you progress any further!

  6. Thanks for these comments and yes thanks for sharing your syncing ideas. I may have got it from you or others.
    1. Was it ever legal? Back in 2008 in the iPod trial we were told we could download and sync to many devices by Apple. 2. Yes I thought so a licence for each device. 3. Would have liked more to jump on the “What do we want post” across 4 countries that don’t have volume licencing. We need a global approach to Apple. In the UK they seem to think it is legal. 4. Yes students add all personal items such as emails desktop pics and can use the iTunes school account or their home family account when supervised to download. All purchases on school accounts are forwarded to me. So gifting cant be done from iTunes cards. Had forgotten that. Lucky I didnt go ahead and purchase more cards. Thanks again and good work for coming up with that syncing method. You are a star!

  7. Thanks Rod for your support. We really need Apple to do something quickly before the wheels fall off the cart.

  8. Thanks Gill for your reply. It is very interesting how people interpret the agreement. Good luck with your purchase of iPods. Keep your eyes open for specials.

  9. Thanks for your reply Scott. I hope to see some action by Apple at some stage this year its getting out of the reach of teachers and school to individually sync devices. Good luck with your iPods.

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