A Study Of Legal Issues Exist In ITunes Music Store Sale Mode

iTunes is a media player application researched and developed by Apple company which running under Apple’s iOS operating system or Microsoft’s Windows operating system, used to play music files, manage music files and assume iTunes Music Store sales tasks. In China, due to the lack of copyright protection efforts,people lack the idea of paying for the music,and the iTunes Music Store did not open service in mainland China,so the study of iTunes Music Store just stay in the copyright model innovation,lack of attention to its overall observation. This thesis is aimed at the research of the iTunes music store which is a new thing in China, by the characteristic of the grasp, to discuss the legal issues involved, trying to carry out the service after the iTunes music store in mainland China may lead to disputes provide analysis and solve the problem of reference, and improve the people leading the formulation of rules of understanding in the electronic commerce enterprise.The first part of the thesis, grasp the characteristics of the iTunes music store sales model of the first in the whole, analysis some legal problems which possiblely exsit, and then analyzes the two basic agreement(i.e. the iTunes music store terminal users software license agreement and the iTunes music store Privacy Policy) and the iTunes music store inform obligation(pre-sale confirmation and the pre-sale warning of some music). Arrival at a conclusion that the relations between the iTunes music store and the user is establish by the user terminal software license agreement which independent from the copyright owner’s. And through the analysis of the privacy policy, that its lack of relevant terms implement channel principle, that should increase the security of users modify and delete personal information privacy policy, and that it should increase the difference of sensitive personal information collection. That pre-sale confirmation and part of the music pre-sale warning in essence are to ensure the real meaning and the contract for electronic control measures.The second part of this thesis, on the iTunes user agreement valid and typical user agreement terms were discussed. Among them, according to the relevant case, recognise the validity of the iTunes user agreement, combined with the theory of contract law and electronic format of validity of contract effectiveness of various typical user agreement terms. According to China’s contract law article fortieth, article fifty-second, article fifty-third related to format provisions, summed up the iTunes user agreement recognized standard.The third part of this thesis is the analysis of iTunes Music Store user account theft problem. Think that the user enjoys the property rights of the iTunes music store user account, and that the account theft caused by the non economic loss applicable to the compensation for mental damage. In the iTunes music store user account stolen relief measures, that the specific compensation in the judicial practice, should adopt the method of discretion damages and the maximum compensation combination.