I have been discussing the apple T&Cs with a friend and we disagree on the meaning. I am known for reading legal documents like an engineer, so may have the wrong end of the stick here.
(b) Apple, at its discretion, may make available future iOS Software Updates for your iOS Device. The iOS Software Updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of iOS Devices. The terms of this License will govern any iOS Software Updates provided by Apple that replace and/or supplement the Original iOS Software product, unless such iOS Software Update is accompanied by a separate license in which case the terms of that license will govern.
My problem is that an update may not include all existing features. To my mind it was not clear that the fact an update may not include an existing feature means the existing feature is actually taken away rather than left as is and not updated.
This is obviously important when considering how apple have actually taken away key features as part of the update to iOS6. Not just breaking maps in many ways, but taking away streetview and usable aerial imagery of where I live.
Surely a term in a contract which allows the supplier of a product to actually remove key features from the operation of that product at a later date, is one that has to be specifically drawn to the attention of the customer (more so than the usual click-through of standard terms)? I am struggling to find the legislation covering that though!
Interestingly, I did find unfair contract terms 6 (2)
(2)As against a person dealing as consumer, liability for breach of the obligations arising from—
(a)[F3section 13, 14, or 15 of the 1979 Act](sellers’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);
(b)section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire-purchase),
cannot be excluded or restricted by reference to any contract term.
Now, the "sample" I looked at in the shop when buying this product had good maps with good aerial imagery and streetview. Now the product does not comply with that. Contract terms allowing that change are excluded, surely?
But, I am no lawyer. It just feels very unfair that key features of something I own has been taken away from me, simply by doing an "update".