Amazon’s non-DRM mp3’s Have a Nasty Surprise

madcow writes “Looks like Amazon’s DRM-free music download service isn’t completely without strings. One author contacted a lawyer at EFF who agrees that the license may in fact subvert Fair Use. More here.”

October 10, 2007 by Uncategorized 4

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4 Responses

  1. mdoneil says:
    October 10, 2007 at 5:42 am

    Then don’t buy them
    Who runs to a lawyer everytime they buy something for 89 cents?

    I have 2 songs from amazon and I read the entire T&C before installing their application. I can’t give the song away or sell it. That seems reasonable. Do you loan your CDs to others? DO you expect that people to whom you loan them are not copying them. If you let your friends copy your music you are breaking the law.

    I can put the song on my iPod, I can keep it on my computer, I can listen to it whenever I want to why do I need to loan it to others, they can listen to my iPod or computer if they want to.

    Reply
  2. shoe says:
    October 10, 2007 at 6:02 pm

    Gotta Agree With You.

    It’s not a nasty surprise if you read the TOS (which I have to say I rarely do… I did this time, though.)

    Fair Use didn’t look to be “subverted” here. It says, “As reasonably necessary for personal, non-commercial use.” If I’m teaching a music appreciation class, and included a 30 second clip of some world music track… The Amazon cops aren’t going to bust down my door. If I’m burning the entire song to disk, and selling it to my students… Well, yeah. The Amazon cops should get me then.

    It comes down to common sense. Like Mr. O’Neil says, all I wanted to do was put a few songs on my Zen, on my computer, and I wanted to be able to play them in ‘nix. Granted, you need Windows to use the Amazon downloader, my songs, once they’re on my hard drive, work just great with Amarok. Can’t say the same for the DRM laden crap I got from (the now-defunct) Virgin Digital.

    I know it’s stealing when I let people burn music that didn’t pay for it, unless the artists specifically say it’s okay to do so (like JoCo does…). I am willing to pay, gasp, for music. But when I do, I want it to be mine.

    Reply
  3. madcow says:
    October 11, 2007 at 1:07 am

    the money quote
    “He was surprised by the language and said it appears to enable record companies to pursue a breach of contract if, for instance, you loaned your mother an iPod containing MP3s bought from Amazon.”
    Looks like you may need to run to a lawyer for an $.89 download whether you wanted to or not….

    Reply
  4. mdoneil says:
    October 11, 2007 at 5:40 am

    Re:the money quote
    Nope, I don’t need the lawyer. The T&C are perfectly clear to me.

    Most important I think is this portion:

    You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content.

    .

    I am not using it in a movie, ppt presentation, tv commercial or anything like that so I’m OK on the synchronization rights.

    I am not playing it over loudspeakers attached to my car, I’m not playing it in the bar I don’t own, I’m not using it as music on hold, I’m not singing it from the rooftops so the public performace rights are OK (well singing it would be a Grand rights issue)

    I am not using it to promote Hillary for President, or half off dishwashers.

    I’m not reselling it, I am not reproducing or distributing it so I am ok with the mechanical rights and Harry Fox is OK with me.

    I am exceptionally confident that any use I make of the downloaded music will be in compliance with both the agreement into which I entered and the applicable law. Even if my mom does listen to my Depeche Mode.

    This cannot be interpered as legal advice, I am certain I am not licensed to practice, nor offering legal advice where you are located. If you want a legal opinion get one from someone licensed in your jurisdiction. Me, if I am wrong I am willing to pay.

    N.B. Please also note I never said I would loan my iPod to anyone. That would imply that I gave them posession of my iPod and that may be in violation of the agreement.

    I respect IP rights and the work of the artists that bring us the music we enjoy. I don’t steal it or assist others in doing so.

    Reply

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