Can Apple Stop You From Selling Your iPod?
from the ah,-those-annoying-intellectual-property-issues dept
After Apple released the special edition "U2 iPod," someone bought one, added some songs from Negativeland, and tried to sell it on eBay as the "Special-Edition Negativeland vs. U2 iPod." This got some attention at the time, but the auction disappeared, after Apple asked eBay to take it down -- saying it violated their intellectual property rights. Wired News now says the same guy, Francis Hwang, is selling the iPod on his own website, while wondering what possible claim Apple could have over him selling stuff that he had purchased. This is an issue that's only going to get more attention over the next few years as the rights of buyers gets increasingly confused thanks to things like EULAs and copy protection. Apple shouldn't have any claim over it whatsoever, but in an age where everyone seems especially jumpy about intellectual property rights -- just by claiming it was a violation, Hwang couldn't sell a perfectly legal offering on eBay.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Hubris or Stupidity?
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Re: Hubris or Stupidity?
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Re: Hubris or Stupidity?
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You Have Never Purchased a Piece Of Software
Apple, through clever marketing and more liberal rights, has made some people think that they have "bought" music. But really everyone has licensed usage rights to that content. Even a CD only buys you the physical media, with the particular order of the contained bits being something still owned by the studio and licensed to you for personal use.
The bottom line, then, is that the license is a contract between you and the seller, and violating the contract opens you to civil litigation. If the license does not grant you the right to sub-license or transfer the license, then you can't "sell" it on your own site, eBay, whatever. Or, if you do, you can get sued and will probably lose in court.
A pet peeve of mine is software licenses popping up in tiny boxes, or in situations (such as after EVERY patch in World of Warcraft) where it's obviously not intended to be read, yet intended to be binding. Consumers should really start becoming aware of the rights they are negotiating for their money.
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Re: You Have Never Purchased a Piece Of Software
You " lease " Apple and support their business practices ... you get what you didn't pay for.
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Re: You Have Never Purchased a Piece Of Software
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apple
hope you can help me! Not sure if you know but how do i get autorisation to become an apple product seller????
thanks
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Re: apple
Is Apple trying to say you can't sell you used iPod or that you can't sell you used iPod with music on it?
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