[X-SW] itunes

Simon G. Trask simon at simbiosis.com
Wed Dec 8 05:58:13 PST 2004


At 11:15 pm -0800 7/12/04, Steven Lee Stinnett wrote:
>Hi! New to the list.
>
>After printing labels and jewel case covers with playlists I find I 
>can not use itunes to burn more than 7 copies of music downloaded 
>from istore.
>
>I get copy rights, I'm an artist. But 7 copies? Come on! These are 
>just stocking stuffer compilations for friends and family. Is this a 
>function of the song file or the itunes program?

It's a function of the DRM (Digital Rights Management) that Apple 
'wraps around' the audio files and metadata it receives from labels. 
Apple uses a DRM system called Fairplay - see 
http://en.wikipedia.org/wiki/FairPlay for more information. The DRM 
rules governing iTunes Music Store files are set out under section 
nine at http://www.apple.com/support/itunes/legal/terms.html. The 
seven copies limitation you refer to is for the playlist arrangement 
of files, not the audio files themselves.

Note that Apple reserves to itself the right to change these rules 
(see section 20 of the Terms), and in fact has already done so - 
reducing the number of playlist burns from ten to seven, and 
increasing the number of computers a file can be played on from three 
to five. The Terms of Sale also specify that iTMS-downloaded tracks 
are for personal use only (again, see section nine). This use of 
contracts and DRM is circumscribing the sort of informal social use 
you describe, which copyright absolutists would probably consider 
theft and others might see as localised/social network marketing.

You mention that you're an artist yourself. Where do you draw the 
line on copying of your work?

Also, are you aware of the Creative Commons movement 
(http://www.creativecommons.org/), which is providing a Some Rights 
Reserved alternative to the traditional All Rights Reserved stance 
embodied in copyright laws? With CC-licensed music, of which there's 
a growing amount (though still tiny in the overall universe of 
recorded music), you wouldn't have any restrictions on playlists or 
music sharing.

Simon















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