desdomg said:
But can a user be considered to be a party to that agreement if they have not used iTunes to access the store - does the purchasing process still involve an agreement approval stage using this software? Presumably not.
Yes. By signing up for an account to use the iTunes Music Store, you are bound to their terms of service. Those terms only appear in the official iTunes client because that's the only source for the music. Just because those terms don't pop up on the screen if you use this PyMusique thing doesn't mean you aren't responsible for knowing. For example, if you do not receive a bill in the mail for your credit card, you are still responsible for making the payment and paying any late fees--it is your responsibility as the borrower to make the appropriate payment on time. By using the service, you are implicitly agreeing to the terms of service and use, including Apple's rights to prosecute (should they choose to) for your violation of those terms (i.e. using a non-approved client application). This is enforceable; whether Apple chooses to do anything about it remains unclear.
Also enforceable is the DMCA violation (and yes, it is a violation, because you are BYPASSING technology designed to secure DRM). Even though you paid for the songs, you also paid for the license for that song (which includes DRM), and you are breaking encryption by bypassing it. Walking through a hole in a fence is still trespassing, whether you made the hole or not. Again, from a legal perspective, this is a punishable violation.
I'm not saying that I like having my digital music locked down more vigorously than a CD I buy. But there are logical reasons for doing so. Namely, that the digital version, if un-DRMed, can be copied and transmitted with no special software or effort. If I want to share a CD, I have to burn a copy (requiring hardware and software) or extract the audio digitally and transmit it. Digital music does all that for you, and Apple's DRM gives you appropriate fair use rights. The DRM is designed to prevent casual copying that results in lower license sales.
You don't own the music you've bought, and you don't have any legal right to redistribute it because your license does not allow it. Should you be able to use it on any type of device you choose? Yes. Does DRM prevent that from happening? Often, also yes. Can you choose a different format that works with all devices (standard MP3 imported from a CD)? Yeah, but not on purchased iTunes music. Until DRM and file format technology becomes standardized, you have to deal with "early adopter syndrome" in a volatile market, which can result in purchases not being universally compatible (betamax/VHS/laser disc/DVD anyone?). Make a choice that works for you.
By purchasing AAC with Apple's DRM, you are choosing a file format with known and public limitations that will only work with a specific combination of hardware and software. You chose the delivery platform; you can't buy Windows software and then complain that it doesn't work on your Mac without buying it again. That's the way business works. Of course it would be fantastic if buying a license of Office for my PC gave me a corresponding license for all the other computer platforms I use, but that's not the case. Even say, Dreamweaver, which gives you Mac and PC installers, is only licensed to be used on one of the computers. I can install it on both, but that doesn't make it right or legal, even if I think that Macromedia is horrible (which I do).
In conclusion, breaking or bypassing DRM, while understandable on a basic level for getting compatibility with everything, is against the law. Using tools to do this which violate the iTMS terms of service is also a legal violation. The best way out of this situation is to support a universal standard that ensures compatibility with all devices and file formats. DRM isn't going away, and it shouldn't. But it should also not work against honest customers who just want iTunes songs to play on their Rio. Long post, my apologies.
