Bruce Willis Sues Apple over iTunes ownership

coltrane2

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The below is where we're at if we place trust in copyright. Buying content on iTunes should be like a CD, i.e. it's yours. I understand their willingness to limit mega copying, but within the buyer's own family? I mean, pllleaaase. If they persist in this people will download even more illegally. Absolutely ridiculous....

(CNN) -- Bruce Willis has vanquished terrorists, basement rapists and the defenses of Cybill Shepherd. But in his three decades in Hollywood he may not have faced as daunting an opponent as Apple.
According to an unconfirmed report in a British publication, Willis wants to bequeath his extensive iTunes music collection to his daughters -- something that's not permitted under the current iTunes terms.
The Daily Mail says the actor has spent thousands of dollars downloading music on to "many, many iPods" but, like many iTunes users, was surprised to discover that in Apple's eyes he doesn't actually own the songs. The Mail, without citing any sources, says Willis is considering legal action against Apple to gain control over the music.
CNN could not confirm the report Monday, and a request sent to representatives for Willis was not immediately returned. But a legal challenge by the "Die Hard" actor against Apple could raise potentially significant issues about ownership of digital music.
Apple's terms and conditions for iTunes are an exhaustive, jargon-filled document that users must "agree" to before downloading content but that many people don't bother to read.
In simplified terms, they state that when we buy music from iTunes, we are paying for the license to listen to songs via our iPhone, iPod or other Apple device. But we are not buying the music itself.
"When you buy a book, you own the copy of that book but not the actual material," Jonathan Handel, a Los Angeles-based entertainment attorney who specializes in digital media and intellectual property, told CNN last year. "What you are buying here is right to use music on certain devices."
If Willis did take on Apple over ownership of his iTunes collection, he might have an uphill legal battle. The iTunes terms are essentially a contract between the user and Apple, and clicking "Agree" counts as an electronic signature, digital-media lawyers say.
Nothing would stop Willis from leaving music-loaded laptops or phones to his children, although things would get more complicated if his kids tried to transfer the songs to other devices. Apple limits use of digital music to Apple gadgets used by the iTunes account holder. Apple also prohibits users from downloading songs to more than 10 devices, or burning a playlist more than seven times.
Willis, 57, has three adult daughters with ex-wife Demi Moore and a young daughter with current wife Emma Hemin
Apple did not respond Monday to a request for comment. The company's formidable legal team last month won a $1 billion judgment against rival Samsung in a patent dispute.
Other online music retailers, such as Amazon and Google's Android Marketplace, impose similar legal restrictions on downloads.
Willis was trending on Twitter Monday, with some commenters poking fun at the issue. Wrote one Twitter user, "I don't know what's more shocking Bruce Willis suing Apple ... or the fact he actually read the Terms and Conditions."
 
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ILoveJimmyPage

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This sounds silly. I'm sure he could hire someone to spend a lot of time burning his library onto discs if he wanted to. How rich is he? He can also afford to buy as much music from Apple for his kids that he wants to.

Celebrities are so whiny. :rolleyes:
 

Mr. Bob Dobolina

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I think the point is, once we buy stuff from iTunes, it should be ours. We're able to leave our CDs or DVDs or whatever to whoever we want. I think Willis is saying that it should be the same with iTunes. I agree. I'm purchasing from iTunes, not renting.
 

LG

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Yes Bob D hit the nail on the head, I've read countless stories about people having crashes and losing thousands of songs on their Apple devices, and what does Apple do about that?

Simple they will sell you the same library again at full price per song.:wtf:

I am glad to see someone with Willis's stature suing them, if you have an account with Apple in good standing then they should allow you to reload your i-pod free if something happens.

First thing I did years ago when experimenting with i-tunes was burn two back up discs of my downloads, but that was before I knew about transcoding which I hate doing so I retired from i-tunes and never went back.
 

Lynch

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THIS is one of many reasons I refuse to purchase ANYTHING from Apple. The way they do business is almost criminal yet they are heralded by countless droves of people as being groundbreaking. Bullshit. This corporation and it's former leader (Jobs) have done SO much to screw up the music and personal music ownership business that I can't hardly even put it into words.

F this company. I hope that Willis wins this lawsuit and sets precedent for the future of how itunes and apple are able to do business.
 

TheSound

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Copyright law is a minefield, but unfortunately and strictly speaking Apple are 100% right, because every single CD/download recording that you ever buy, and there are NO exceptions, check it out if you like, at some point - either when you sign the on line agreement before you download, or written on the CD cover - says that "unauthorised copying, hiring, lending, public performance, and broadcasting is strictly prohibited"

So we never own the intellectual/property rights of the recording, even if we technically have paid for the right to listen to the recording ourselves, and legally speaking Apple (and every other record/media) company are right.

Trouble is it's totally unenforcable, most copyright law is unenforcable to a very large extent, but we all do it, I used to work as a volunteer for Hospital Radio in DC, and used to 'broadcast' music to 100's of patients, but we never asked permission from the CD record companies, and my kids and friends have numerous things I have 'lent' them without permission, it's just a farce, and all that this proves is that Willis is actually an idiot, he should have just kept his mouth shut and got on with it in the privacy of his own home, inside his own family, instead of making such a public song and dance about it. I certainly wouldn't go to court over it, but then I don't make $50 million a movie to fund what will almost certainly turn out to be an unwinnable action. I don't even know what he means by he is "bequeath his music collection" to his daughters, is the guy seriously including all his old Doobie Brothers and Lynyrd Skynyrd MP3's in his last will and testament?
 
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LG

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THIS is one of many reasons I refuse to purchase ANYTHING from Apple. The way they do business is almost criminal yet they are heralded by countless droves of people as being groundbreaking. Bullshit. This corporation and it's former leader (Jobs) have done SO much to screw up the music and personal music ownership business that I can't hardly even put it into words.

F this company. I hope that Willis wins this lawsuit and sets precedent for the future of how itunes and apple are able to do business.

Totally agree, Jobs was a major league asshole in every way, and I will never buy from Apple again either. I only purchased two complete albums that were hard to find in the shops here and that was about 7 years ago, since then I have got them both on proper CD.

MP, what are you going to do when the big labels retire the CD from service over the next two years?

Hopefully the bands themselves offer FLAC downloads on their homepages, I will pay $10 for a lossless album download with cover art.
 

coltrane2

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Copyright law is a minefield, but unfortunately and strictly speaking Apple are 100% right, because every single CD/download recording that you ever buy, and there are NO exceptions, check it out if you like, at some point - either when you sign the on line agreement before you download, or written on the CD cover - says that "unauthorised copying, hiring, lending, public performance, and broadcasting is strictly prohibited"

So we never own the intellectual/property rights of the recording, even if we technically have paid for the right to listen to the recording ourselves, and legally speaking Apple (and every other record/media) company are right.

Trouble is it's totally unenforcable, most copyright law is unenforcable to a very large extent, but we all do it, I used to work as a volunteer for Hospital Radio in DC, and used to 'broadcast' music to 100's of patients, but we never asked permission from the CD record companies, and my kids and friends have numerous things I have 'lent' them without permission, it's just a farce, and all that this proves is that Willis is actually an idiot, he should have just kept his mouth shut and got on with it in the privacy of his own home, inside his own family, instead of making such a public song and dance about it. I certainly wouldn't go to court over it, but then I don't make $50 million a movie to fund what will almost certainly turn out to be an unwinnable action. I don't even know what he means by he is "bequeath his music collection" to his daughters, is the guy seriously including all his old Doobie Brothers and Lynyrd Skynyrd MP3's in his last will and testament?

I'm guessing his motivation may have been that celebrities are vulnerable in terms of people keen to make an example of them, e.g. headline "Willis sued by Apple for $100,000 copyright breach". Beyond that, why does trying to do the right thing make him an idiot? And will we still call him an idiot if he succeeds in getting Apple to slightly alter their approach to copyright, to include , say, MP3 and AAC rights to immediate family members?

Unlikely but not impossible.
 

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