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How To Play Your iTunes Music On Other Systems
ptorrone writes "Engadget has a step-by-step for the non-uber geek on how to play your purchased music from iTunes on other systems. To be clear, this isn't a way to take music you bought and give it to someone else, this is so you can listen to your own purchased music on other systems or devices. In fact, your personal info is still in the file."
a) Terms Of Service are not a contract. They are terms which if you do not obey, they are grounds for terminating your business relationship. I.e. if apple catch you removing DRM from itunes tracks, they can refuse to sell you any more tracks. However, once they've (Apple) sold you something, first sale doctrine dictates that they cannot use copyright law to impose further restrictions. Specifically, use restrictions (i.e. you cannot do this with our product) are simply not enforceable post purchase. The music is not licenced, it is sold, and the only restrictions are those of copyright itself, i.e. you cannot distribute your copies to other people.
b) even if by some legal juggling*, these TOS could be treated like a contract, i.e. you were considered to be licensing the music, not buying it, you cannot give up your legal rights by contract. No more than you can sign into slavery, or sign away your first amendment rights in the US. Such a clause would be, and has been judged to be an illegal clause, and thus stricken from the contract. Since fair use rights are not constitutionally granted rights, it would be less clear cut; but there is a strong precedent for fair use rights not being revocable by contract terms. But in this case it's a moot point, as there's emphatically not a contract post sale.
c) There are in fact two offences you could be taken to court over. The first is copyright infringement. Your fair use rights are a defence to this charge, as long as you do not distribute copies to anyone else. Potentential to distribute has nothing to do with it, you have to actually be spreading those tracks on a p2p network. Therefore, making copies to play on another device would be legal.
The second charge would be with the DMCA. However, it's not illegal to use a DRM-removal tool under the DMCA, only to write or distribute one. Therefore, stripping music you own of drm to use on another device is also fully legal.
Ergo, despite what Apple and it's fans tell you, removing DRM from music you own is 100% legal. Distributing it to others without permission is 100% illegal. Since the article contains instructions on how to play your legally purchased music on other devices you legally own, that is a 100% legal action.
* Note, in order for it be a valid contract, the seller has to have to have an ongoing relationship with you regarding the product post sale. If, on the other hand, they give you something, and you give them money, and you get nothing more from them after that other than their legal obligations like warranties (and you pay them nothing more for that particular product) it is a sale, and the contract is finished regarding that item, regardless of what the vendor would have you believe by tacking on EULA's, use clauses, licences or anything else. The only things that apply from that point on are the relevent laws of the land, and the vendor *cannot* restrict you any further than the law allows. And I will keep saying this till people stop spreading false information to the contrary.
Remember kids, it's all fun and games until someone commits wholesale galactic genocide.