puggsly said:
Well it violates the DMCA and your terms of use so I would say that illegal is probably a fair guess.
The DMCA? Well the DMCA says that it's illegal to circumvent protective technology for unauthorized access. As these are music files that I bought, my accessing them is not unauthorized access. So, it can easily be argued that it doesn't violate the DCMA.
The terms of use? Are you unaware that there are such things as illegal and invalid contracts? That's my point. I wouldn't be too surprised if those terms of use could be shown to be invalid under fair use. But, the question is, who would want to spend the legal dollars to try to argue that.
Personally with all of the "use" that you are allowed I think arguing against this would be insane. You can not point to a single device that you CAN'T get your files to (although you might degrade them slightly and it might be difficult).
And by those processes that degrade your music, are you circumventing the DRM? Then they are just as legal or illegal as PlayFair.
This is a bit of a stretch so my response will be as well. There is nothing about fair use that guarantees that you will have access to your music if you screw up (not re-authorizing your system). This would be like saying that you should be able to broadcast your music over the internet incase you forget to bring your CD with you to work.
Two points. First, I acknowledged that the reinstall was a somewhat unique situation. However, it does point to a bit of an issue with this purchased music. If I were ever to go and live by myself in a shack without any internet access, but I still wanted to keep my music on my computer, I'd better never change the operating system.
Second, the more significant point was that
my iPod was authorized until I plugged it into my computer. At that point it de-authorized it without giving me any warning. Suddenly, BOOM! my iPod couldn't play my (iTMS purchased) music anymore, when all I had wanted to do was upload a new playlist.
And I've heard of Tape players eating tapes and CD's getting scratched. That is why you can make backups.
So I made a backup of my m4p files, but I still couldn't play them if iTunes got corrupted. Unless my backup was through some means of circumventing the DRM (QTConvert->AIFF then iTunes->AAC, or burn CD then RIP back to AAC, or PlayFair to m4p->m4a), all of which are equally legal or illegal, according to the DMCA and Terms of Use.
Again it sounds like you are reaching for reasons to limit the security on music and I have to wonder if you would feel the same if it was your property that was being unprotected.
Well, no I'm not. I'm just stating that an argument can be made that PlayFair is not illegal, but no one will spend the money to make that argument in court. In general, I have no problem with the DRM that iTMS uses. It's there to discourage the casual music pirate. The serious music pirate wouldn't buy their music from iTMS to begin with. However, I will also say that for legitimate personal use purposes, I have no qualms about using PlayFair.
Do not allow for car alarms because they can go off accidentally.
There are times when I wouldn't mind seeing this come to pass. While I do have an alarm on my car, I consider its greatest value is not in being noisy if someone breaks in (and therefore have the sensitivity set pretty low), but rather in disabling the ignition while it's armed. This makes it a very non-trivial task to steal the car itself. (I rarely leave anything of significant value in my car).
Don't allow for car locks because the car could start rolling down the street and hurt someone (I've heard of things like this happening).
This is poppycock. The proper analogy is that I keep a spare key hidden in the wheel well, and many people do. Again, I'm not arguing against DRM.
Remove the requirement of keys to start the car as they can be misplaced and you could loose access to your vehicle for a time.
Actually, I've known people who have shorted out their ignition so it works off a switch because they have a terrible time losing their keys all the time. But, of course, it's their choice.
Come on, the argument is BS to try to continue to allow people to steal.
Or at least that the way I see it for most people (certainly not for you but for most).
As I've indicated, I have no intention of doing anything other than listening to my music. I don't advocate music piracy. The only songs I've ever downloaded off of P2P networks I've subsequently purchased the album in the store or purchased the song from iTMS. Most of my music is not from iTMS because I usually don't want just one song, and I can get the CDs cheaper than I could buy the entire album from iTMS.