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petersull

Q: Want to buy from itunes Canada

I am in the UK and want to buy something only available in itunes Canada. The system will not let me do this. Is there a way round this problem?

Gateway laptop, Windows Vista

Posted on Jan 23, 2010 1:00 PM

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Q: Want to buy from itunes Canada

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  • by Chris CA,

    Chris CA Chris CA Jan 23, 2010 1:02 PM in response to petersull
    Level 9 (79,660 points)
    iTunes
    Jan 23, 2010 1:02 PM in response to petersull
    No.
    The iTunes store Terms of Service require you to be physically located in the country store you purchase from. This is due mainly to copyright restrictions.
  • by marcus isac Paulsen,

    marcus isac Paulsen marcus isac Paulsen Jan 23, 2010 1:23 PM in response to Chris CA
    Level 1 (0 points)
    Jan 23, 2010 1:23 PM in response to Chris CA
    I must say, it is a really strange policy, that we are not alowed to buy music from other countries on itunes !?
    To day many people travel around in the world and hear music from other countries, which are impossible to reach on itunes..!? It makes itunes so much more difficult to use, itunes have to be much more flexible - itunes have to keep up with other places where you legally can buy music. There are so much music i would like to buy from Sweden or France, the danish itunes are ekstremely boring and little....
  • by Chris CA,

    Chris CA Chris CA Jan 23, 2010 2:18 PM in response to marcus isac Paulsen
    Level 9 (79,660 points)
    iTunes
    Jan 23, 2010 2:18 PM in response to marcus isac Paulsen
    it is a really strange policy, that we are not alowed to buy music from other countries on itunes !

    No, it's simple copyright.
    A copyright held by one label in one country might not have the copyright in another country.
  • by roaminggnome,

    roaminggnome roaminggnome Jan 23, 2010 2:58 PM in response to petersull
    Level 10 (97,387 points)
    Jan 23, 2010 2:58 PM in response to petersull
    http://www.apple.com/legal/itunes/ca/terms.html

    "Purchases or rentals (as applicable) from the iTunes Store are available to you only in Canada. If you are not in Canada you may not use or attempt to use the service. iTunes may use technologies to verify such compliance."
  • by Geezer869,

    Geezer869 Geezer869 Mar 25, 2010 3:20 PM in response to roaminggnome
    Level 1 (0 points)
    Mar 25, 2010 3:20 PM in response to roaminggnome
    I live in Canada and access the Canadian iTunes store for songs and iPhone apps. I have an account that uses my Canadian credit card for purchases. Does the updated policy regarding being physically in Canada mean that I can't buy anything from the store if I'm travelling in the USA, or does my confirmed credit card with a Canadian address cover the "physically in Canada" aspect of the terms and conditions?
  • by Chris CA,

    Chris CA Chris CA Mar 25, 2010 3:32 PM in response to Geezer869
    Level 9 (79,660 points)
    iTunes
    Mar 25, 2010 3:32 PM in response to Geezer869
    iTunes Store Canada - Terms and Conditions"
    "TERMS OF SALE

    CANADIAN SALES ONLY

    Purchases or rentals (as applicable) from the iTunes Store are available to you only in Canada. If you are not in Canada you may not use or attempt to use the service. iTunes may use technologies to verify such compliance."
  • by Geezer869,

    Geezer869 Geezer869 Mar 25, 2010 5:05 PM in response to Chris CA
    Level 1 (0 points)
    Mar 25, 2010 5:05 PM in response to Chris CA
    Chris CA, thanks for the response, but I already know the terms and conditions as you posted them. What I want to know is what the phrase "If you are not in Canada" actually means. Does it refer to my physical location when I'm travelling, or does it just mean I must be resident in Canada when I register my account and provide my credit card information.

    It seems strange to me that Apple would care where I am at a specific time provided I use my legitimate Canadian account and credit card to purchase something from the iTunes Store.
  • by roaminggnome,

    roaminggnome roaminggnome Mar 25, 2010 6:12 PM in response to Geezer869
    Level 10 (97,387 points)
    Mar 25, 2010 6:12 PM in response to Geezer869
    Apple likely doesn't care, those who won the distribution right in other countries probably care a lot. As whomever owns distribution rights in Canada for a given song, may not own the distribution rights for that same song in another country.
  • by Geezer869,

    Geezer869 Geezer869 Mar 25, 2010 9:32 PM in response to roaminggnome
    Level 1 (0 points)
    Mar 25, 2010 9:32 PM in response to roaminggnome
    OK. I still think it's a weird situation to restrict a legitimate Canadian account using a legitimate credit card with a Canadian billing address from accessing the store using my own iPhone/computer which is also legitimately registered with the Canadian iTunes Store. They should know who I am and the download isn't actually being distributed outside Canada because my absence is temporary -- otherwise, why the need to register at all?

    One last question. It appears that this applies only to "standard" iTunes Store purchases or rentals (songs, videos, etc.) but not to Apps. I downloaded some Apps on Monday after reading and agreeing to the updated terms and conditions while I was in Texas and the downloads worked fine. Do these terms and conditions apply only to "standard" iTunes Store purchases?
  • by Chris CA,

    Chris CA Chris CA Mar 26, 2010 7:10 AM in response to Geezer869
    Level 9 (79,660 points)
    iTunes
    Mar 26, 2010 7:10 AM in response to Geezer869
    The rules say what they say. I don't think it would be possible to make it any more clear than what is in the agreement.
    We are not legal people from Apple so we cannot give you any more that what the rules say.
    -> iTunes App Store - Canada
    "3. CANADA ONLY. The Service is available to you only in Canada and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory. Apple Canada may use technologies to verify such compliance."
    and the downloads worked fine.

    and?
  • by varjak paw,

    varjak paw varjak paw Mar 26, 2010 7:13 AM in response to Geezer869
    Level 10 (169,890 points)
    Mar 26, 2010 7:13 AM in response to Geezer869
    I understand that it seems silly, but Apple is not allowed to sell cross-border and since there is a significant underground trade in iTunes Store cards around the world, Apple puts in the language about you agreeing not to use the Canadian iTunes Store from outside the country. That way they're covered with the content owners.

    [iIt a]ppears that this applies only to "standard" iTunes Store purchases or rentals (songs, videos, etc.) but not to Apps. I downloaded some Apps on Monday after reading and agreeing to the updated terms and conditions while I was in Texas and the downloads worked fine. Do these terms and conditions apply only to "standard" iTunes Store purchases?

    No. They apply to all purchases. Apple may not have technological restrictions against such access, but if you access the Canadian iTunes Store from outside the country, you're in violation of the terms of use you agreed to.
  • by Geezer869,

    Geezer869 Geezer869 Mar 26, 2010 10:19 AM in response to varjak paw
    Level 1 (0 points)
    Mar 26, 2010 10:19 AM in response to varjak paw
    Chris CA, roaminggnome, and Dave Sawyer, thank you all for your answers and for your patience with an old guy. I just got my iPhone a month ago and am still learning to use it. I found the new iTunes Ts & Cs a bit confusing and you have clarified the issue for me.

    P.S. The Apps I downloaded while in Texas were all free, so hopefully the "Apple police" won't be knocking on my door for being a "bad boy". I'm back in Canada now, so I'm legal again.
  • by varjak paw,

    varjak paw varjak paw Mar 26, 2010 10:24 AM in response to Geezer869
    Level 10 (169,890 points)
    Mar 26, 2010 10:24 AM in response to Geezer869
    P.S. The Apps I downloaded while in Texas were all free, so hopefully the "Apple police" won't be knocking on my door for being a "bad boy". I'm back in Canada now, so I'm legal again.


    You can expect Steve Jobs to be paying you a visit any day now to wallop you with a wet noodle!

    Cheers.
  • by Geezer869,

    Geezer869 Geezer869 Mar 26, 2010 10:53 AM in response to varjak paw
    Level 1 (0 points)
    Mar 26, 2010 10:53 AM in response to varjak paw
    Dave, I think I'm too old for Steve to care. I certainly won't be a high volume iTunes Store user.

    One last comment. I now see where my confusion originated and why Chris CA said he didn't think the terms could be much clearer.

    I was looking at the statement at the beginning of the document, which states,
    "CANADIAN SALES ONLY

    Purchases or rentals (as applicable) from the iTunes Store are available to you only in Canada. If you are not in Canada you may not use or attempt to use the service. iTunes may use technologies to verify such compliance."

    Chris CA also quoted the following:
    "3. CANADA ONLY. The Service is available to you only in Canada and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory. Apple Canada may use technologies to verify such compliance."

    The first statement uses the phrase "in Canada" which is what prompted my original questions about what that phrase meant. I hadn't read the entire document and hadn't seen the second quote which is very specific.

    My suggestion to Apple would be to change the first statement to match the second one to eliminate ambiguity.

    I'm off to play with my new toy (iPhone).

    Thanks again for everyone's help and patience!
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