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Testing The Right To Resell Downloaded Music

Posted by timothy on from the no-eula-no-stop dept.

David Gerard writes "A man has bought a song from Apple iTunes and has put it up for sale on eBay. "I only spent $0.99 on it but I bought the song just as legally as I would a CD, so I should be able to sell it used just as legally, right?" Does the Right of First Sale still exist?" The seller says he's seeking attention, but not to himself. Rather, he calls this "an experiment in property rights in the digital age," and promises not to keep a copy once the sale is done.

9 of 802 comments (clear)

  1. Apple usage policy by peterprior · · Score: 1, Redundant

    Not sure about legal rights, but I'm pretty sure the apple terms and conditions of the service would have something to say on this matter, and he would have agreed to them before being able to download the song.

  2. eBay auction by DrLudicrous · · Score: 0, Redundant

    As of 4:00PM Sept. 3, 2003, there are already well over 30 bids on the I-Tune, and bidding has exceeded $20. The original price was only $0.99. Very interesting.

  3. first bid? by Nethergoat · · Score: 1, Redundant

    hmm...seems already he's set to make at least a 2070% profit - current bid is $20.50

    I'm jealous

  4. Bids by rf0 · · Score: 0, Redundant

    So the bids at $20 when I could just buy it for $0.99.Of course I don't see why he can't transfer it. I can sell any CD I buy and surely this is even simpler as it is digital with no shipping costs etc.

    Of course there is the DRM

    Rus

    --
    Cheap UK and US VPS
  5. Is there an iTunes Terms and Conditions agreement? by leftism11 · · Score: 0, Redundant

    I don't have a mac nor have I looked at iTunes, but don't they have a user agreement that stipulates your rights as a buyer on the site? I would be surprised if the agreement doesn't lay out terms such as non-transferrability, etc., just like a software license.

    Can someone post the terms and conditions or click-through agreement?

  6. Money for nothing! by CGP314 · · Score: 0, Redundant

    Wow, as of right now, the high bid is $20.

    I just found a job: apple music reseller. :)

  7. Re:Article text (already slow to subscribers) by mt2mb4me · · Score: 0, Redundant

    as of 4:20 PM EST $81.00 with 6 days left

  8. Re:DRM Restriction by Xaoswolf · · Score: 1, Redundant

    The TOS states that the user has no comercial rights to the downloaded music.

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    Xaotik Designs
  9. Re:Article text (already slow to subscribers) by rednaxela · · Score: 0, Redundant

    Yup. It's a problem http://www.info.apple.com/usen/musicstore/terms.ht ml Usage Rules. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. You shall be authorized to use the Products only for personal, noncommercial use. You shall be authorized to use the Products on three Apple-authorized computers at any time. You shall be entitled to export, burn or copy Products solely for personal, noncommercial use. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.