Who owns the downloaded music after your death?
Bryuss Willis is not suing Apple about who owns his collection in iTunes after his death, but the question remains: what will happen to your music when you go to heaven?
Earlier today, from the British editions, the story became known that Bryuss Willis is considering the possibility of filing a lawsuit against Apple about who will get his music collection on iTunes after his death. Maybe today is April 1st? We reported this (and believed), and then we updated part of the article to report that the source was false (Willis’s wife tweeted this morning that it wasn’t).
But one thing still remains unanswered: what happens to the content when the buyer disappears? (Spoiler: the fact that you bought it does not mean that you own it, and, of course, does not mean that you can do whatever you want with it.)
')
Only one in a million people actually reads the terms of use of any website, service, or application. You immediately squander it, and press the "I agree" button, and proceed to the purchases. The rules determine who actually owns the purchased music, even after your death.
Questions were asked by Apple, but they did not respond due to non-business hours in the United States at that time.
Probably the truth is that the contract between you and the service you are using - says Apple - ends in case of death. When this happens, the contract is terminated, and the account and any purchased products cannot be transferred to anyone else.
For example, Willis is overtaken by sudden death, and he gives his daughter access to an iTunes account in advance. This would be a violation of the license agreement, which means that his family members cannot legally listen to his music.
But the real argument should be: does it matter whether the goods are physical or digital? When you buy a CD in a store, you get a copy, but you do not have the copyright to the music itself. The Electronic Frontier Foundation explains :
“When you acquire a legal copy of a CD, book or DVD, you can rent it, sell it, or give it away without obtaining the permission of the copyright owner. Simply put, “you bought it, and you own it” (and therefore it also applies to gifts, “they gave it to you, now you are the owner”). ”
ZDNet’s Ed Bott explained last year that primary sales conditions apply only to tangible goods. Digital music does not obey them. Even if you spend money on downloads, it only gives you a license to listen in, for example, but often with restrictions such as a ban on renting, distributing or recording on other media.
At first glance, everything is simple. ITunes usage guidelines are listed in section B :
“ITunes provides a service that allows you to purchase or rent a license for digital content (“ iTunes Products ”) to an end user, in accordance with the conditions specified in this agreement.”
But the devil is in the details. Look further, Apple explains:
These are the rules of Apple. But Amazon and Google also impose restrictions on what you can do with the music you buy. This is a common practice almost everywhere, because copyright owners impose restrictions on how you can manage the content they produce.
When Apple used DRM technology to prevent users from copying and writing content to discs, everything was easier. You just said that you can do with your music, and everything. Maybe with some subtleties, but these are exactly the rules to which you agreed.
Apple, like many others, now provides DRM-free files that allow the transfer of music to several of your devices (including but not limited to Apple products), but you cannot legally transfer it to other people.
In any case, connecting a friend's iPad and downloading music from it is the same as p2p. It's just easier to track.
If someone challenges the rules - Willis or someone else - to determine what happens when someone dies and leaves a lot of downloadable content, then this may entail a change in license agreements.
“By forcing him to change the terms of the licensing agreements, he can deprive his colleagues of income,” warns Joshi Thomas , an intellectual property lawyer.
After all, Apple and music stores are just middlemen. It is not always possible for them to change the rules, because they themselves have agreements with labels, studios, etc.
Will we remain silent? Or is it worth signing a petition?
PS Article is a translation .
Earlier today, from the British editions, the story became known that Bryuss Willis is considering the possibility of filing a lawsuit against Apple about who will get his music collection on iTunes after his death. Maybe today is April 1st? We reported this (and believed), and then we updated part of the article to report that the source was false (Willis’s wife tweeted this morning that it wasn’t).
But one thing still remains unanswered: what happens to the content when the buyer disappears? (Spoiler: the fact that you bought it does not mean that you own it, and, of course, does not mean that you can do whatever you want with it.)
')
Only one in a million people actually reads the terms of use of any website, service, or application. You immediately squander it, and press the "I agree" button, and proceed to the purchases. The rules determine who actually owns the purchased music, even after your death.
Questions were asked by Apple, but they did not respond due to non-business hours in the United States at that time.
Probably the truth is that the contract between you and the service you are using - says Apple - ends in case of death. When this happens, the contract is terminated, and the account and any purchased products cannot be transferred to anyone else.
For example, Willis is overtaken by sudden death, and he gives his daughter access to an iTunes account in advance. This would be a violation of the license agreement, which means that his family members cannot legally listen to his music.
But the real argument should be: does it matter whether the goods are physical or digital? When you buy a CD in a store, you get a copy, but you do not have the copyright to the music itself. The Electronic Frontier Foundation explains :
“When you acquire a legal copy of a CD, book or DVD, you can rent it, sell it, or give it away without obtaining the permission of the copyright owner. Simply put, “you bought it, and you own it” (and therefore it also applies to gifts, “they gave it to you, now you are the owner”). ”
ZDNet’s Ed Bott explained last year that primary sales conditions apply only to tangible goods. Digital music does not obey them. Even if you spend money on downloads, it only gives you a license to listen in, for example, but often with restrictions such as a ban on renting, distributing or recording on other media.
At first glance, everything is simple. ITunes usage guidelines are listed in section B :
“ITunes provides a service that allows you to purchase or rent a license for digital content (“ iTunes Products ”) to an end user, in accordance with the conditions specified in this agreement.”
But the devil is in the details. Look further, Apple explains:
- You can use iTunes content on up to 5 computers - with the exception of movie rentals;
- Content can be stored on 5 different accounts on compatible mobile devices. Free content is not limited;
- Playlists can be recorded on a CD up to 7 times, and these discs are governed by the same rules as purchased in a store;
- Content is licensed personally to you;
- You cannot record content for anything other than backup copies;
- Movies can be watched on the same device at the same time, and you can’t get movies rented for iPad , iPhone , iPod Touch or Apple TV ;
- After downloading, you have 30 days to watch a movie, and 48 hours to finish watching it;
- You do not have commercial or advertising rights to downloadable content.
These are the rules of Apple. But Amazon and Google also impose restrictions on what you can do with the music you buy. This is a common practice almost everywhere, because copyright owners impose restrictions on how you can manage the content they produce.
When Apple used DRM technology to prevent users from copying and writing content to discs, everything was easier. You just said that you can do with your music, and everything. Maybe with some subtleties, but these are exactly the rules to which you agreed.
Apple, like many others, now provides DRM-free files that allow the transfer of music to several of your devices (including but not limited to Apple products), but you cannot legally transfer it to other people.
In any case, connecting a friend's iPad and downloading music from it is the same as p2p. It's just easier to track.
If someone challenges the rules - Willis or someone else - to determine what happens when someone dies and leaves a lot of downloadable content, then this may entail a change in license agreements.
“By forcing him to change the terms of the licensing agreements, he can deprive his colleagues of income,” warns Joshi Thomas , an intellectual property lawyer.
After all, Apple and music stores are just middlemen. It is not always possible for them to change the rules, because they themselves have agreements with labels, studios, etc.
Will we remain silent? Or is it worth signing a petition?
PS Article is a translation .
Source: https://habr.com/ru/post/150883/
All Articles