Glutbusters

FROM: PETER
TO: APPLE

Authorisation and Digital Rights Management appears, to me, to constitute more of a licence to play music rather than actual ownership of the music. I can listen to a CD I have purchased on as many stereos as I like, for example. I truly OWN that music. iTMS music is not like this - Apple limits how I can use that music. Legally, it appears that Apple grants me a licence to listen to music I have paid for within certain parameters.

Why then, can I not redownload music (without paying twice) I have "purchased" if I lose the files? You know I have "purchased" it. And since I have only really purchased a licence, surely I retain that licence and you should provide me with the music to listen to. A comparison would be downloaded software for which I have purchased a
serial number. If I lose the software, I can download it again upon presenting my serial number - my licence persists regardless of how many times I have needed to download the software. I never actually OWN the actual data of the software - just a licence to use it.

It seems you want to have it both ways: limiting my use of the music (to your benefit) in a manner that would constitute a mere licence. But claiming that music is property I have purchased when it comes to replacing it - again, to your benefit.

So what is it? Property or a licence? If property, then DRM has no legal foundation. If a licence, then please let me know how I can replace my lost music.

FROM: APPLE
TO: PETER

Dear Peter,

Thank you for contacting the iTunes Music Store.

The sales and service policies for the iTunes Music Store are
available here.

Thank you for being an iTunes Music Store customer. We appreciate your
business.

Sincerely,

iTunes Store Customer Support

FROM: PETER
TO: APPLE

well, thankyou for fobbing me off so artfully.

i am well aware of the iTMS policies. I wouldn't be complaining about
them if I hadn't read them. My problem is that they appear to have been
created on shaky legal foundations.

anyone can publish a policy that says anything. that doesn't make it
legally sound.

perhaps someone could actually respond?

yours,
peter

FROM: APPLE
TO: PETER

Hi Peter,

I apologize, but I am not authorized to answer questions that border on legal issues. I can, however, assist you with your lost music.

I'm sorry to hear that you lost your iTunes Store purchases. I know how distressing that can be, so I'VE MADE ALL OF THE CONTENT YOU LOST AVAILABLE FOR YOU TO DOWNLOAD AGAIN, FREE OF CHARGE. Please understand that Apple does not offer protection against the loss of your purchases, so this is a one-time exception.

Again, I can do this for you only once, so you should back up your iTunes Library as soon as possible after you finish downloading, and make backups on a regular basis.

CONCLUSION

Let this be a lesson. Hassle, hassle, hassle. Or, a $30,000 HECS debt for a law degree pays itself off with the recouping of $30 worth of music.