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The transferability of iTunes products to third parties.

[:it]It is becoming increasingly common and easy for the network user to be driven to buying via the internet products, such as music tracks or films.

The ease of purchase, the possibility of remote access to one's account, the transferability to mp3 players or smart-phones, means that consumers increasingly prefer to use multimedia rather than physical media.

One wonders at this point whether the difference between these two modes of 'purchase' is simply limited to a product choice, or whether there are actual practical-legal consequences.

On this point, the Hollywood actor, Bruce Willis, recently made a criticism that can certainly be a good starting point for a brief legal reflection. Can the iTunes library be bequeathed?

Apple has stated, to the surprise of many users, that such assets are not transferable to third parties.

In fact, following a careful reading of the iTunes Terms and Conditions of Useit is found that not so much the individual files, but the (usage) licences for the digital content are defined as iTunes products. The main difference, therefore, between the purchase of a CD and a digital album is that in the former case, ownership of the physical good is actually transferred, whereas in the latter, one simply buys a licence for use staffhence the licence to use the file itself for purely personal and non-commercial use.

Also, if you read the iTunes Terms and Conditions of Use, you will see that the holder of an iTunes account has no right to modify, rent, lease, lend, sell, distribute, or create the purchased licences, (also referred to as non-transferability clause). Therefore, the account holder has the right to use the files for purely personal purposes, without any possibility of transferring them to third parties and thus bequeathing them.

This topic, which will always appeal to a wider segment of the market, is therefore not without interest, considering that online purchasing increasingly concerns not only music files, but also films and e-books.

 

 

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by admin