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Old 09-03-2012, 10:43 AM   #1
GAN
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Ownage -Willis to Sue Apple

Has anyone seen this yet:

http://www.forbes.com/sites/anthonyk...tunes-library/

It definitely makes you consider, what do you really "own". I think he has a legitimate shot to win -if you buy digital media(album, book) versus a "hard" copy, why shouldn't you be able to leave that to someone? To go one step further, if he wins, does this mean we could sell our media to another person -like you might do with a book or an album at a yard sale? Of course, it would depend if the court finds that it is actually "our" media. Thought it would be interesting for discussion.
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Old 09-03-2012, 10:57 AM   #2
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This is brilliant! If Bruce were to bring about this lawsuit, he would be my personal hero.

Unfortunately software companies have been able to convince the courts that purchasers and users are only using the license. We really don't own or digital media.
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Old 09-03-2012, 02:00 PM   #3
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Quote:
Originally Posted by lorax123 View Post
Unfortunately software companies have been able to convince the courts that purchasers and users are only using the license. We really don't own or digital media.
This is media and not the I.P. of software. The I.P. of the media is the owned by the Label or the Artist. Remember CD's and DVD's are the same 0s and 1s as what you are downloading from itunes (just a different encoding and compression algorithm).
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Old 09-03-2012, 02:31 PM   #4
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Quote:
Originally Posted by k5jmh View Post
This is media and not the I.P. of software. The I.P. of the media is the owned by the Label or the Artist. Remember CD's and DVD's are the same 0s and 1s as what you are downloading from itunes (just a different encoding and compression algorithm).
While I completely agree with you k5. This is what most media companies put it into their EULA: But under iTunes’ current terms and conditions, customers essentially only ‘borrow’ tracks rather than owning them outright.

Apple isn't exclusive to this. Most software works this way. Gaming companies are really pushing to assert their authority in the arena of used game sales. Either by trying to eliminate the sale of used games or by forcing the game re-sellers and buyers to pay residuals.
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Old 09-03-2012, 06:29 PM   #5
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Originally Posted by lorax123 View Post
While I completely agree with you k5. This is what most media companies put it into their EULA: But under iTunes’ current terms and conditions, customers essentially only ‘borrow’ tracks rather than owning them outright.

Apple isn't exclusive to this. Most software works this way. Gaming companies are really pushing to assert their authority in the arena of used game sales. Either by trying to eliminate the sale of used games or by forcing the game re-sellers and buyers to pay residuals.
I think the real devil is in the details on this one. Even though Apple writes that into the Itunes EULA, if you happen to own the CD, Itunes has no claim. I think you also have to look at how residuals are paid for "New Media."

http://www.wga.org/uploadedfiles/con...ReuseSheet.pdf

http://aftra.org/documents/MFNM_Netcode_FINAL.pdf

http://www.fmsmf.org/WhitePaperGB2252009.pdf
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Old 09-03-2012, 08:54 PM   #6
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The story of the suit has since been proven falsehttp://news.cnet.com/8301-13579_3-57...ritance-rules/.

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Old 09-03-2012, 10:33 PM   #7
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This is so very complicated.

Under the "first sale doctrine" (which is derived from the Copyright code):
Quote:
“the owner of a particular copy…lawfully made” within the meaning of the Copyright Act is not subject to Section 106(3), so that once a copyright owner consents to the sale of its work, it loses its distribution right with respect to those copies, and the purchaser is free to transfer ownership in any way it wishes.
http://thelicensinglawblog.com/2010/...r-big-ip-case/ But as the author of the blog points out copyright owners are writing into the sale contracts that the purchaser only buys a "license."

That leads to the distinction between digital purchases and purchases of tangible media (CD's, book's LP's). As the same blog explains: "If a publisher sells a book to a bookstore, the bookstore is free to resell it to anyone, and the purchaser is in turn free to sell the same book to anyone on eBay." http://thelicensinglawblog.com/2010/...rcuit-rulings/. But according to the blog's discussion of the Autodesk decision (from the same court, I might add, that said Disneyland needed to "study" Segway use), end user licenses can prohibit transfers of digital media. The decision is controversial, http://copyrightandtechnology.com/20...desk-decision/ to say the least but since the court sets law that governs California decisions, it will have a significant impact on intellectual property issues, at least until it is overturned. Of course, the problem becomes one of proof. While I think the distinction between digital media and fixed media pretty strained from a legal point of view, when you can make an exact copy of digital media, the publishers have a valid practical concern about being able to enforce legitimate anti-piracy laws.

(And if you want to get a real headache read this article http://www.theatlantic.com/national/...ht-law/258276/ about the application of the "first sale doctrine" to items first sold outside of the country.)

Why Bruce Willis wants to sue Apple beats me. They rarely if ever own the copyright in the music and movies downloaded through iTunes. Apple actually permits up to five copies to be made and played on different computers:
Quote:
Movies, TV shows, and certain other items purchased from the iTunes Store are protected by Digital Rights Management (DRM). These protected purchases can be:
  • Played on up to five authorized computers
  • Synced with your iPod, iPhone, or iPad
  • Synced with or streamed to your Apple TV
All songs offered by the iTunes Store now come without DRM protection. These DRM-free songs, called iTunes Plus, have no usage restrictions and feature high-quality 256 kbps AAC encoding. If you have older iTunes Store purchases that are now available as iTunes Plus downloads, you may upgrade your existing purchases. To do so, visit the iTunes Store and follow the onscreen instructions.
I should be clear about one thing. If you buy a CD, copy it to your iPod, and then sell the CD to a used book store, you violate the copyright if you keep the songs from the CD on your iPod. (This is just a copyright explanation, so please don't take this as some kind of moral condemnation.)

Sadly, if you can count on anything in this area, it is that copyright law does a terrible job of keeping up with technology.
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Old 09-04-2012, 02:00 AM   #8
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THis is why I have stuck to trusty old cds and books. Over the next 10 years there will be alot of aannoyed people realise all the money they have spent on music and ebooks cant be moved to future tech. Very interesting.
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