That is the "way" of litigation now: Let's see, if we sue for an astronomical amount, and we can get them to settle for merely 1% of the original claim, we will clear $50 Million . . . . and they will think they are getting off cheap.
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Apple Hit With $5 Billion Class Action Lawsuit Over eBooks Availability
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So perhaps it's better to just pay the monthly "listening fee" and not buy into the idea you are actually buying an actual copy of the music...... Sucks, but that appears to be the way this is going...
I agree. During the transition from physical to digital, companies figured out how to leverage it to their benefit and consumers detriment.
Lawsuits like this may (may not) help by setting precedent and establishing more sane rights/restrictions. Keep in mind that in the grand scheme of law, digital is just a blink of an eye.
Modern law aka common law traces back to and has roots in Magna Carta which is over 800 years old. Yes, for us this sucks, but digital is going nowhere and more case law means more precedent. If you believe in an optimistic future, like I do, we can have faith that this will eventually sort itself out. Unfortunately we will probably be dead by then.
…or dystopian future….
How do you generate a PDF from an eBook in the Books app?
Am I missing something? People are talking about the customer not really owning the books, but the terms appear to say you can download and back up the books to another device or drive, which is even different from how Apple handles licensed music. Seems users could always have downloaded and kept the books, but just didn't know and never thought to move them from the Books app.
This is about books, not music, but the idea is the same.
I buy physical whenever possible; music, movies, books, etc.
Because Apple no longer has the rights to store or distribute copies of that work. If they can't store it on their servers, they can't allow you to re-download it.
Is it even possible to backup DRM protected books and then restore them to a new device, or a device that has been restored from scratch?
You're comparing EU suing Apple to some random people in the US suing Apple. Not even close to the same thing.
True, but a hardcover book won't be taken from you if the company you bought it from loses the right to sell/offer it and it can be re-sold, legally, passed down or given away.
Physical > digital.
Not Apple-specific, they're just one of the more famous companies so they get targeted for this.
Really the problem related to ownership of digital content should really be clarified through legislation
At least Apple provides the files after download so even if the content disappears off the store you can still access the content previously purchased.
Really the problem related to ownership of digital content should really be clarified through legislation
At least Apple provides the files after download so even if the content disappears off the store you can still access the content previously purchased.
I wish that terms - in general - were straight forward, and explained in a few simple sentences what could happen. like "You are buying a license to this item, which may be revoked at any time for any reason. You will not be refunded". Maybe it would make people re-think the fully digital era.
Always download a copy immediately after purchase and make backup copies of it.
At least Amazon's MP3s don't have any DRM so there's nothing they can revoke if the customers have a copy of the MP3.
And the content distributors like Apple don't push back on the content owners because everything is working fine for the balance sheet. If law changes and requires re-downloads, or if civil actions make it too expensive for distributors, this will change.
Apple may be unfairly targeted by this. Maybe not. I don't know the specifics of this case, so it’s hard for me to really say. But an argument could be made that targeting one of the largest sellers and distributors of paid content in the world is more efficient than going after many smaller content license owners. On the other hand, lawsuits often target smaller entities that can’t defend themselves well in hopes of establishing precedent.
If you’re cynical, it’s just a bunch of ambulance chasers. If you’re altruistic, it’s good people trying to make a change for the better. The truth is probably somewhere in the middle.
Completely irrelevant, please stop bringing up your obsession with Apple pulling out of markets rather than be required to comply with the law.
This is insane. Yet another idiotic class-action suit I need to opt out of when the time comes.
A lawsuit filed against Apple in California this week accuses the company of violating the state's false advertising law and other consumer laws, by intentionally misleading customers into thinking that they are purchasing digital e-books from the Apple Books app in perpetuity, when instead they are only purchasing revokable licenses to the books.
The proposed class action complaint explains that Apple is required to pull a digital book or audiobook from the Apple Books app if and when it loses a license to that content, resulting in the content no longer being available in the app's store. As a result, the complaint alleges that some customers have unexpectedly found that digital books they previously purchased were no longer available to re-download, despite having paid for them. Apple removes books without warning, and without providing refunds, the complaint adds.
As noted in the complaint, the purchase screen in the Apple Books app does not include a link to any terms of service or licensing information. However, in order to set up and use an iPhone, iPad, Mac, or other Apple device, users are required to agree to Apple's various software license agreements, which all state the following:In the Apple Media Services Terms and Conditions, Apple states the following:The lawsuit, Morehouse et al v. Apple, Inc., was filed in a U.S. district court in San Jose on Tuesday. The plaintiffs are seeking up to $5 billion in damages, with the proposed class being all individuals who purchased a digital book or audiobook from the Apple Books store within the to-be-determined class period. A judge has yet to be assigned to the case, and it remains to be seen if the class action lawsuit is certified and proceeds to trial.
The complaint was filed by law firm Siri & Glimstad LLP.
Article Link: Apple Hit With $5 Billion Class Action Lawsuit Over eBooks Availability
Let's face it; people do not understand licensing v. ownership of a phyical product. Their music/books/movies/software in the cloud are all bits that can be taken back via a licensing agreement. The CD/paper books/DVD/ and old software on discs are theirs to keep [at least until the book burners show up]
We will buy music CDs and then digitize via itunes (Apple Music) but not into the cloud - just right on a physical HD/SSD.
Don't trust things you own to the cloud get an NAS. I still have Photoshop 5.5 on an old computer and use other modern alternatives not dependent upon cloud-based licesning.
As Edward E. Murrow signed off: Good night and good luck.
We will buy music CDs and then digitize via itunes (Apple Music) but not into the cloud - just right on a physical HD/SSD.
Don't trust things you own to the cloud get an NAS. I still have Photoshop 5.5 on an old computer and use other modern alternatives not dependent upon cloud-based licesning.
As Edward E. Murrow signed off: Good night and good luck.
This happened to me with Apple Music, music I purchased is no longer available in their Music store, only available from my downloads. 
And of course Apple did this to the App Store years ago, apps that I have purchased and downloaded to my computer I can still install on some of my Apple devices but since apps are no longer downloadable so as soon as the app is pulled from the App Store it cannot be installed on your newer devices.
And of course Apple did this to the App Store years ago, apps that I have purchased and downloaded to my computer I can still install on some of my Apple devices but since apps are no longer downloadable so as soon as the app is pulled from the App Store it cannot be installed on your newer devices.
Unfortunately, obtaining digital assets is seemingly the only way to ensure you get to keep it these days.
the mere concept of copyright on digital goods got buried when AI companys began to suck up every word from the internet they hat access to.
photos, audio and video will soon follow
Apple will point out they agreed to this when creating their Apple ID so it doesn't need to be on the purchase screen. Just goes to show, never blindly trust any company and at least skim through the terms of service before making a purchase.
It sounds like the download remains functional but they can't redownload on other devices or after formatting their device. Everyone forgets this with how easy it is to download and stream: If it's on someone else's server, you do not own it and could lose access at any time. Allowing downloads at scale isn't trivial and if the company decides it's no longer worth the cost or hassle, it's over.
It sounds like the download remains functional but they can't redownload on other devices or after formatting their device. Everyone forgets this with how easy it is to download and stream: If it's on someone else's server, you do not own it and could lose access at any time. Allowing downloads at scale isn't trivial and if the company decides it's no longer worth the cost or hassle, it's over.
