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Here we'll explore the nexus of legal rulings, Capitol Hill
policy-making, technical standards development, and technological
innovation that creates -- and will recreate -- the networked world as we
know it. Among the topics we'll touch on: intellectual property
conflicts, technical architecture and innovation, the evolution of
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What Does "Copyfight" Mean?
Copyfight, the Solo Years: April 2002-March 2004
1. Scote on June 6, 2005 6:11 PM writes...
You can argue whether there is such a thing as "Restricted Use" vs. "Licensed" Works, but the point will be, in part, academic. iTunes Music store purchases are subject to a license called "Terms of Service" and another called "Terms of Sale."
A literal reading of the Terms of Service shows that even using the service is illegal!:
"No portion of the Service may be reproduced in any form or by any means."
http://www.apple.com/support/itunes/legal/terms.html
So you can see that downloading a song from iTMS, or transferring it to your iPod, or playing it (reproducing the digital file in analog form via a digital to analog acoustic transducer) is against the TOS.
The Tom Waits case has a good point. iTMS songs are licensed, not sold. The DRM is just a way to enforce the license.
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