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iTunes: Don't Leave Home With Them

BadDoggie writes "Politech is reporting that your 'ownership' of music purchased from Apple's iTunes isn't what everyone considers ownership. According to the license, 'Apple may use technologies to verify' that you have not 'use[d] or attempt[d] to use the service from outside of the [United States]'. This includes Canada. Apple's 'technologies' delete the bought-and-paid-for files with no refund and no replacement when & if you leave the U.S." Update: 07/25 16:23 GMT by P : The post to Politech says the songs would "disappear," not be deleted; from the context, it seems they were merely unplayable, not deleted. Update: 07/25 21:34 GMT by M : Apple has contacted the guy, and is apparently making him happy. However, the question remains: Apple definitely doesn't want people buying new songs from outside the U.S., but do they intend to generally permit foreign users to reauthorize (in effect, retain access to) the songs they have already purchased? Apple's policy is very unclear on that point.

10 of 725 comments (clear)

  1. Let's not mangle the license... by Yosho · · Score: 5, Informative
    How about quoting what it really says?

    Purchases from the iTunes Music Store are available only in the United States and are not available in any other location. You agree not to use or attempt to use the service from outside of the available territory. Apple may use technologies to verify such compliance.

    All this is saying is that you may not use the iTunes service outside the US. This is likely not of their own choice, but because of agreements with the record labels that restrict them to distribution in the US.

    Furthermore, it says nothing like, "Apple's 'technologies' delete the bought-and-paid-for files with no refund and no replacement when & if you leave the U.S." You're welcome to listen to your music anywhere you please. Read in the proper context, "Apple may use technologies to verify such compliance," obviously means that if Apple detects you using the iTunes service from outside the US, they'll stop you. Is that so harsh?
    --
    Karma: Terrifying (mostly affected by atrocities you've committed)
  2. Canada ... by s20451 · · Score: 5, Informative

    According to this article: "Canada will be added to the Apple system when the CRIA completes its negotiations in the fall"

    CRIA = Canadian Recording Industry Association.

    --
    Toronto-area transit rider? Rate your ride.
  3. not quite what the title says by raptor21 · · Score: 5, Informative

    The author of the article claims he reinstalled his powerbook. And tried to redownload his purchased songs after changing his address permantly on both his credit card and iTunes to an outside US address.

    Well that doesn't say apple will suddenly disable all your music files if you step out of US soil for say a week or a month.

    Apple'sn policies clearly state that you may only purchase songs in the US.

  4. Shawn Yeager worked for Microsoft and MusicDirect by davids-world.com · · Score: 5, Informative
    The critique may be acceptable (music label's haven't arrived in the global economy/international culture yet), but Shawn Yeager's motivation is possibly not.

    The guy that complains about Apple's restrictice licenses not only USED TO WORK FOR MICROSOFT, he also developed MusicDirect.com, a direct competitor to the iTunes Store. (Read it yourself on his Home page.

    As the french say: honi soit qui mal y pense. ("shamed be he who thinks evil of it")

  5. Re:No GPS please by paradesign · · Score: 5, Informative

    um... iTunes allows you to burn your files to CD, all, even 'officially' downloaded ones. so jsut buy, burn and delete. if you want it back DRM free, rip it to MP3, you can do that through iTunes quite easily.

    --
    I want 2D games back.
  6. Links to Tens of Thousands of Legal Music Dwnloads by MichaelCrawford · · Score: 4, Informative
    You can avoid being sued or arrested if you download legal music instead of getting your tunes from the p2p networks. You also don't need to deal with Digital Rights Management.

    Many unsigned musicians provide free downloads of their music on their websites as a way to attract more fans. Here's some from my friend Oliver Brown for example. Many such musicians, while relatively unknown, are as good as any major label band and certainly an improvement over the pablum they serve up on ClearChannel.

    You can find many more examples in my new article:

    The article also explores some of the historical and legal issues behind copyright, and suggests steps the file traders can take to make file sharing legal.

    If you're a musician who offers downloads of your music, I can link to your band's website from the article if you give my article a reciprocal link. Please follow the instructions given here

    --
    Request your free CD of my piano music.
  7. This makes sense by holt · · Score: 5, Informative

    He tried to reauthorize the songs after his billing address has changed to outside the US. If you have a US address, you're fine, no matter where your computer sits. How do I know? I studied in Ireland during the last school year, and I downloaded a number of songs from iTMS, using my US-based credit card with my US-based address.

    The moral? The license agreement says you aren't to export the songs. This has nothing to do with DRM - it would still be a breach of contract (thus revoking your license to use the songs) to export the songs even if iTMS was giving you straight MP3s.

  8. Re:no friendly DRM by Pieroxy · · Score: 4, Informative

    This stupid law (DVD region) is actually not enforceable in Europe. More and more DVD players out there are multi-zone by default, in the store.

  9. Re:Heres a question. by Malcolm+MacArthur · · Score: 5, Informative
    And now the real-kicker (at least for me), where's the compensation for the artist? Nope, I'll stick with buying cd's at concerts, it's not a good option, but it's the smallest evil option
    Not really, because a lot of bands have to actually buy their CDs from the record company to sell at concerts. And they don't get them wholesale price either...

    Dang, there goes my chance to moderate :(

  10. Solution... (and more information) by daveschroeder · · Score: 4, Informative
    ...or at least a workaround. As originally posted here:

    Get a "disposable" MasterCard from webcertificate.com. You can use any other current credit card to purchase the card. (There is, of course, a service fee associated with it.) But the card can be associated with any address you wish, including a US address (just make sure the city/state/zip association is a valid one; other information can be bogus).

    This was originally billed as a way for any international user with a credit card to purchase music from the iTunes Music Store. However, it appears that this method could be used to just get yourself a credit card number that's associated with a US billing address for the purposes of associating it with your AppleID. See webcertificate.com's faq for more info.

    In sum:

    iTunes Music Store does not "check" to see where you are via IP address, or any other network method.

    Music you own is never "deleted".

    The only reason this user encountered the issue is because he had to reinstall his entire OS, and reauthorize the computer with a credit card whose billing address had since been changed to a non-US address - this didn't specifically disallow him from playing his purchased music; rather, it didn't allow him to REauthorize the computer in order to play the purchased music. As others have said, this seems to be more of a unique situation/accident than intentional on Apple's part (notwithstanding the valid legal considerations Apple has).

    Music you burn to CD from iTunes Music Store is yours to keep - FOREVER. No matter where you move. You DO own the music you buy from iTunes Music Store. (Unlike other sites).

    As soon as international licensing arrangements are worked out, more and more countries will have iTunes Music Store available.

    Apple did much better than anyone else with keeping broad rights with the user/customer, where they belong.


    And, finally, a letter from the Canadian equivalent of the RIAA:

    The reason why the Apple iTunes Music Store isn't yet available outside the US is because Apple hasn't made arrangements to obtain the rights outside of that country (this is called "clearing the rights" in the music business).

    I run the largest music licensing agency in Canada, CMRRA. On behalf of our clients from around the world, we represent the owners of the vast majority of songs used in Canada.

    Yesterday afternoon I placed a call to Apple Canada to open a discussion on the licensing of Apple's online music store in Canada. Apple's Canadian office is basically a sales operation; no products are designed or produced by Apple in Canada, to the best of my knowledge.

    I'm hoping to set up a meeting with Apple, probably in Cupertino, in the next two weeks. We're looking forward to doing business with Apple - among other things, our clients don't make any money saying, "no". Until we've cut a deal with Apple, it won't be possible for them to do business in Canada - that's why I'd like to negotiate that deal and have it set up as soon as possible.

    We love Mac and iTunes, too! We're sure that a substantial number of Canadians are going to want to do business with Apple, and we look forward to our discussions with them.

    All Apple has to do is call me back to set up the meeting.

    David A. Basskin
    President
    Canadian Musical Reproduction Rights Agency Ltd.
    Toronto, Canada