Apple probably could not have satisfied all the wild and hopeful imaginings of everyone who weighed in on what its new iPad device would look like, and what its functionality would be. Whether or not the iPad will be the content distribution game-changer that so many are looking for is another matter, but it’s still a pretty interesting device. In any case, however, the iPad does at least raise certain legal issues to consider.

As smart as lawyers have become in trying to address new technologies in agreements, there is always the question of whether a particular device or distribution method falls within the scope of the agreement.  In some cases, the party drafting the agreement is lucky enough to have their counterparty agree to unlimited, unrestricted descriptions of technology (e.g., in all media, technology and distribution methods, now known or hereafter to become known, anywhere in the Universe).  However, all the parties to technology oriented transactions are aware of the importance of this issue, and the counterparty in more cases than not will push back to limit the scope to the “intended” technology.

Which leads us to the question: Where will the iPad fall within the scope of these types of agreements?