[horser4dish]

Last time I looked over it (I don't actually use iTunes anymore), a lot of the EULA was devoted to the content and how you can't pirate it, and so on. That seems to me to be the very things that the RIAA and other groups sue over. So even though you are correct, Apple's specific terms of use have not been tested, the idea (and who knows, possibly wording as well) behind it has been successfully used in court by the owners of the licensed materials.

[bugsy]

I am able to buy CDs without signing any contract at all. So it appears that a contract is not necessary for copyright infringement to still be illegal and the contracts are completely unnecessary for the stated purpose of "preventing piracy", which is already illegal, even without a contract.