You Don't Own What You 'Bought': Disney And Amazon Play The Role Of The Grinch In Taking Back Purchased Film
from the ownership...-wazzat? dept
We've discussed many times before how, in the digital age, you no longer really seem to own what you've "bought." Instead, you're getting a temporary license, and at times that means that the copyright holder and partners can remove it. In a story making the rounds this week, it appears that Amazon pulled the film Prep and Landing 2 just in time for Christmas! The issue came up when Bill Jackson settled down to watch the video -- which he "bought" last year -- with his two kids, aged two and eight. It didn't work and he contacted Amazon to find out what was up. Despite the fact that when he paid the $3, he was told it was to allow him to "watch and re-watch as often as you like" Amazon told him that Disney had asked them to pull it, and they did so:Amazon has explained to me that Disney can pull their content at any time and 'at this time they've pulled that show for exclusivity on their own channel.' In other words, Amazon sold me a Christmas special my kids can't watch during the run up to Christmas. It'll be available in July though!"Amazon did give him a $25 credit as an apology, and then when the story started making news, Amazon changed its story claiming it was something else:
Amazon blamed the removal on "a temporary issue with some of our catalog data" which it says has been fixed, adding that "customers should never lose access to their Amazon Instant Video purchases.""Should" never lose access is quite different from "will" never lose access. Just the fact that Amazon has the power to take back what you've bought should be a pretty big concern for those who think that they're actually buying what they've been told. As some have noted, Amazon's terms of service appear to give it the right to do exactly what the original version described:
Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Amazon will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.While it is true that buyers can download copies and this only impacted the streaming versions, it still seems rather troubling that people who thought they were buying something found out that they weren't. This is one of the many reasons why people are so concerned about these kinds of offerings. They know that you're no longer really "buying" anything, but getting a (very) limited license.
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.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: buying, copyright, licensing, movies, prep and landing 2, streaming
Companies: amazon, disney
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
I used to be a huge fan, then one day I logged in and received a big message telling me I was permanently banned.
I created an inquiry with their help desk and they were completely condescending and rude. They implied that I had hacked some players accounts and that they might press criminal charges.
I kept pressing the issue, trying to at least find out what I was actually accused of. They were inconsistent with their reasons, but consistently acted like I was a criminal dirtbag, and said that I would never be un-banned.
After a few months of re-opening the case and asking for an actual explanation, and quoting their own previous replies (and EULA) back to them to contradict their latest replies, they rescinded the ban with no explanation.
The ban wasn't from playing all my purchased games, but it was a ban from some of the multi-player and trading functionality.
The things that really burned me were:
A blinking red icon every time I logged into Steam, reminding me that they considered me a criminal.
I had done nothing wrong, and deserved at least an explanation.
Once I had asked for an explanation, the nasty way they responded.
I might buy a steam game in the future, but I haven't bought one for over a year now. And I used to recommend them to everyone.
[ link to this | view in chronology ]
http://www.cartoonistgroup.com/properties/ninasadventures/art_images/2-00Talkivist.jpg
[ link to this | view in chronology ]
In other words...
[ link to this | view in chronology ]
Re: In other words...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
That's what has made Disney into the mega-Goliath it is today. Disney Vault, Disney DVD, Disney Channel, Disneyland. They have gotten people to buy the same characters and movies over and over and over again, making billions in the process. They don't see any reason to change what's worked before.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
I also don't watch movies in the theater for similar reasons, I pay to watch it once, instead of being able to watch it again years later if I want to.
What's most ironic about the pricing scheme is that Hollywood loses out on money from me, because I often get DVD copies of movies as gifts around Christmas or my birthday after it's been out for months or a year.
For example, on my gift list this year is a DVD of The Hunger Games, which on Amazon is 50% off since it's been out for almost a year. I'd have put Catching Fire on my gift list to, which undoubtedly would have been full price this close to the release, but it's not available on DVD. So I'll probably get it for Christmas next year, at half off again, losing Hollywood more money.
[ link to this | view in chronology ]
So don't deal with Amazon. Problem solved.
This is how teh internets works, kids. It's a NEW corporatized world where YOU own nothing, and have NO rights, you're a mere "natural" person. -- And as you in your stoopid millions keep giving money to those who've taken your rights, all I can write is just: BOOHOO.
Think the Internet means more competition? Take a look at the graph here: http://www.theregister.co.uk/2013/08/30/amazon_dot_com_holds_ludicrous_lead_in_online_retail_sales/
0 3:39:04[d-522-4]
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
Now go away.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
The problem is most people don't realise that they've only bought a temporary licence.
Partly because they're used to buying physical goods and partly because the online provider makes statements such as "watch and re-watch as often as you like" rather than "watch and re-watch as often as we like".
I'd like a magnetic domain though, where can I get one?
[ link to this | view in chronology ]
Re: Re: So don't deal with Amazon. Problem solved.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
So long as Copyright continues to be abused like what Disney, Apple, Amazon, etc., do, the more people will pirate OUT OF SPITE just so they can control what they purchased.
[ link to this | view in chronology ]
Re:
out_of_the_blue just hates it when due process is enforced.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
What's that? Are you suggesting it's possible to simply choose not to use the services of a company you don't trust?
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
Yet every time someone says that to you about Google, you freak out like they're crazy.
OOTB can't even keep his own arguments straight.
[ link to this | view in chronology ]
Re: Re: So don't deal with Amazon. Problem solved.
[ link to this | view in chronology ]
Re: Re: Re: So don't deal with Amazon. Problem solved.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
why don't you complain about Disney actually stealing from people? After all, people that paid for it cant's access it any more.
[ link to this | view in chronology ]
Re: Re: So don't deal with Amazon. Problem solved.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
Until we can get the content that we pay for guaranteed access to forever from the very beginning of a transaction, we shouldn't ask for anything less.
The problem is that OOTB is being rude as always and not being sympathetic to this. The ability for Amazon to revoke licenses IS in the terms, but as always nobody reads them (and they shouldn't HAVE to). But now that we know, everyone should stop buying, and let Amazon and the content publishers watch as their sales in this format drop to nothing.
It worked for iTunes and other music distribution options. When you can buy a song that CAN be downloaded at will and has no DRM, yes it can lead to piracy. But people accepted nothing less and we got DRM-free MP3s. The files could be copied and pirated, but guess what? People still bought them. It wasn't the end of the world.
[ link to this | view in chronology ]
Re: Re: So don't deal with Amazon. Problem solved.
Also, the problem is that Blue implies that his great insight wasn't something that has been said repeatedly in various posts here even though it has.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
Remember don't get mad, get even.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
It's one of the rules of the Internet: don't feed the trolls.
[ link to this | view in chronology ]
Re: Re: So don't deal with Amazon. Problem solved.
[ link to this | view in chronology ]
Disney as Grinch
[ link to this | view in chronology ]
Re: Disney as Grinch
I don't arrrgh!
[ link to this | view in chronology ]
IMHO, if a company does this, it should void all distribution rights and allow people to freely download the titles without recourse. In other words, you should be pirated... Argg!
[ link to this | view in chronology ]
And the moral of the story is...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Try software
So MS could pull my OS (or certainly disable it) and I'm sure they have considered that feature for copies that fail their legitimacy check.
[ link to this | view in chronology ]
Re: Try software
> copies that fail their legitimacy check.
Considered? Yes. Conclusion? It's better that home users pirate our stuff, so we maintain market dominance. Gates once admitted that MS greatly preferred that the Chinese pirate Windows rather than them adopting/developing a replacement.
[ link to this | view in chronology ]
And my friends call me crazy
My friends say that in this day of streaming media what do I need my own personal collection for?
I told them a couple years ago this would start to happen, and verily different studios have started to pull their content off of Hulu/Netflix/Amazon in favor of their own crappy inconsistent services.
You will only see the streaming market become more fragmented as time goes on.
[ link to this | view in chronology ]
Re: And my friends call me crazy
[ link to this | view in chronology ]
Not that I am a fan of lawsuits
I wonder if people would change their habits at all if it said, 'License Now' or 'Rent now'
I get mad enough when Netflix pulls a movie my kids love to watch, but I understand that is how it works - I am paying for a service.
[ link to this | view in chronology ]
While the situation is horrible and Disney is likely the driving force behind the pull (anyone surprised?!), at least Amazon showed some decent customer service and apologized giving the man almost 10 times what he paid for the film.
Assuming pulling the movie was out of their control, I feel like this was actually a decent move.
Still, pulling something that has been paid for is closer to theft than piracy is. I can understand pulling it off the shelfs (not from a business perspective, but an ethical one) to force people to view it from your channel, but pulling it from customers is wrong.
[ link to this | view in chronology ]
...but they go and do stuff like this and shock/please no one and piss off happy customers.
It's like they think they make the biggest profits when they just barely piss off all their customers.
[ link to this | view in chronology ]
Disney undermining digital distribution
It looks like a class-action lawsuit is in order here.
[ link to this | view in chronology ]
This is double theft
Not only is the customer out the money but also use of the product they bought.
[ link to this | view in chronology ]
Re: So don't deal with Amazon. Problem solved.
I've been extremely unhappy with your service. Please disable my account and destroy any of my personal data in your custody.
Dear IRS,
All is over between us. Do not attempt to contact me.
[ link to this | view in chronology ]
if i buy a comic or dvd physically, i have rights, if digital it's a theft waiting to happen.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re: Dumbo Boxer Shorts
[ link to this | view in chronology ]
[ link to this | view in chronology ]
GG Disney
1) WTF? I can't watch the content that I paid to watch??
2) Hrm... I've heard that you can download stuff online - I've paid for this, and I really want to watch it.. so maybe it's justified for me to try it - just this once.
3) Wow - downloading content was a lot quicker and easier than I thought it would be - and there's fewer digital rights crap stuff I have to jump through. It's both free _and_ I get better service, maybe I'll just do this from now on.
[ link to this | view in chronology ]
The worst thing about this
Or, even worse than that, they might understand perfectly, but are trying to make the internet into the cable TV of the 21st century. I suspect this is the case.
[ link to this | view in chronology ]
Physical media
I have no problem with digital downloads, for transitory or novelty things. Even there, I purchase only DRM-free files. Anything important to me, that requires a company to maintain a remote server in perpetuity, doesn't get bought. Applies to games, even operating systems (right, MS?)
Problem is, people don't think about what they're getting. If they did, digital files would only yield a small fraction of the purchase price of a physical copy. This incident should be no surprise to anyone; just the harbinger of many disappointments to come.
[ link to this | view in chronology ]
Re: Physical media
I strip the DRM out.
[ link to this | view in chronology ]
Re: Physical media
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Possibly effects International movies too
I suspect it's not just Disney films.
If others with an account would check on a few independent and international films listed and confirm...
[ link to this | view in chronology ]
We've decided to take back our Christmas Videos.
Merry Christmas!
Disney
[ link to this | view in chronology ]
Moral of the Story is to either buy used physical MAFIAA or just do not buy anything from them.they are the dinosaurs now.Stop feeding the Tyranosaurus.
[ link to this | view in chronology ]
Just say it's a rental not a purchase
Compare this to the physical world: what would happen if Amazon or Disney came to our homes and took back (or "stole") a DVD that we legally purchased just because they now offered it in Blue-Ray? Then how is buying a movie but storing it online any different? Why do companies get away with "licensing" or "renting" when they call it a "purchase"?
[ link to this | view in chronology ]
Should vs. Will
[ link to this | view in chronology ]
we don't own what we brought by ourselves?
Then your products are rental in nature...
And If they're all rentals...
then WE, the consumers, must return them to the respective company outlet... And get MAJORITY of our money back.
And When I say MAJORITY of our money, I don't mean that the company returns 50% of the payment out of it.... I meant we get 90%, at minimum, of the payment made for the "rent".
[ link to this | view in chronology ]
Right. They bought a license that had certain restrictions and that's what they got. The own exactly the thing that they bargained for.
[ link to this | view in chronology ]
Want to buy a moving picture for $3?
[ link to this | view in chronology ]
Materials specified in this agreement are not to be further reproduced, sold, shared, or given to another person, company, or institution for any purpose, without the express written permission of Special Collections.
[ link to this | view in chronology ]
Invest some time, money and effort in developing a tighter one-time use agreement for sharing your photos. We thought it was satisfactory, but we know more now, and have tightened it up.� Now it reads:� �
I agree that I shall
(1)�use the Image(s) only for private enjoyment and/or study and not for any commercial purpose;
(2)�not publish, sell, copy, distribute, share, or otherwise exploit the Image(s) in any fashion
[ link to this | view in chronology ]
Re:
That agreement has no value, what if I want to comment on it how will he stop me from doing it?
Sure is not with the law.
[ link to this | view in chronology ]
Reproduction by libraries and archives
(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if�
(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research...
[ link to this | view in chronology ]
...the phrase "to hold" property under the statute can also mean "to use" property.
[ link to this | view in chronology ]
Conversion is the intentional exercise of dominion or control over another's property that so seriously interferes with the right of another to control it that the actor may justly be required to pay the full value of the property... Courts generally recognize the conversion of intangible rights, the claim here, only in cases in which those rights arise from, or are merged with, a document, such as a contract, promissory note, bond, etc.
[ link to this | view in chronology ]
fantastic
[ link to this | view in chronology ]
تصحيح
شكرا
[ link to this | view in chronology ]