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Music Businesses Media Apple

iTunes: Don't Leave Home With Them 725

BadDoggie writes "Politech is reporting that your 'ownership' of music purchased from Apple's iTunes isn't what everyone considers ownership. According to the license, 'Apple may use technologies to verify' that you have not 'use[d] or attempt[d] to use the service from outside of the [United States]'. This includes Canada. Apple's 'technologies' delete the bought-and-paid-for files with no refund and no replacement when & if you leave the U.S." Update: 07/25 16:23 GMT by P : The post to Politech says the songs would "disappear," not be deleted; from the context, it seems they were merely unplayable, not deleted. Update: 07/25 21:34 GMT by M : Apple has contacted the guy, and is apparently making him happy. However, the question remains: Apple definitely doesn't want people buying new songs from outside the U.S., but do they intend to generally permit foreign users to reauthorize (in effect, retain access to) the songs they have already purchased? Apple's policy is very unclear on that point.
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iTunes: Don't Leave Home With Them

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  • Fine Print? (Score:2, Informative)

    by Gil Da Janus ( 586153 ) on Friday July 25, 2003 @10:34AM (#6531801)
    It's in the first paragraph. It's not hidden.

    Unless the guy can't read, it's his fault - not Apple's.

    I'm sure he has a backup - right? - it's the only way to use your computer and your data.

    Gil

  • Re:Huh (Score:2, Informative)

    by Anonymous Coward on Friday July 25, 2003 @10:35AM (#6531820)
    Or even better, "Wiretap"
    http://www.ambrosiasw.com/utilities/fre ebies/
  • Comment removed (Score:5, Informative)

    by account_deleted ( 4530225 ) on Friday July 25, 2003 @10:36AM (#6531839)
    Comment removed based on user account deletion
  • Canada ... (Score:5, Informative)

    by s20451 ( 410424 ) on Friday July 25, 2003 @10:38AM (#6531853) Journal
    According to this article [globetechnology.com]: "Canada will be added to the Apple system when the CRIA completes its negotiations in the fall"

    CRIA = Canadian Recording Industry Association [www.cria.ca].
  • by raptor21 ( 47540 ) on Friday July 25, 2003 @10:38AM (#6531860)
    The author of the article claims he reinstalled his powerbook. And tried to redownload his purchased songs after changing his address permantly on both his credit card and iTunes to an outside US address.

    Well that doesn't say apple will suddenly disable all your music files if you step out of US soil for say a week or a month.

    Apple'sn policies clearly state that you may only purchase songs in the US.
  • by davids-world.com ( 551216 ) on Friday July 25, 2003 @10:40AM (#6531873) Homepage
    The critique may be acceptable (music label's haven't arrived in the global economy/international culture yet), but Shawn Yeager's motivation is possibly not.

    The guy that complains about Apple's restrictice licenses not only USED TO WORK FOR MICROSOFT, he also developed MusicDirect.com [musicdirect.com], a direct competitor to the iTunes Store. (Read it yourself on his Home page [shawnyeager.com].

    As the french say: honi soit qui mal y pense. ("shamed be he who thinks evil of it")

  • Big Deal (Score:1, Informative)

    by Anonymous Coward on Friday July 25, 2003 @10:40AM (#6531875)
    Apple didn't delete his songs. They simply won't allow him to reauthorize his computer with the new address.

    From the way I read it, if he hadn't tried to reinstall (necessitating reauthentication in iTunes) he wouldn't have had a problem.

    Apple made it pretty clear that this was an USA only thing. I would suggest that the guy have some in the states burn all of his music to CDs. It sounds like he still has the files and still have the ability to play them (if he sets up a computer in the US to do so).
  • Re:No GPS please (Score:5, Informative)

    by paradesign ( 561561 ) on Friday July 25, 2003 @10:41AM (#6531882) Homepage
    um... iTunes allows you to burn your files to CD, all, even 'officially' downloaded ones. so jsut buy, burn and delete. if you want it back DRM free, rip it to MP3, you can do that through iTunes quite easily.
  • Re:Huh (Score:3, Informative)

    by Götz ( 18854 ) <[waschk] [at] [gmx.net]> on Friday July 25, 2003 @10:41AM (#6531888) Homepage
    You don't need to detour that way, as you can burn the iTunes songs on CDs. If you rip the CDs again, the resultings files aren't protected anymore by DRM.
  • You can avoid being sued or arrested if you download legal music instead of getting your tunes from the p2p networks. You also don't need to deal with Digital Rights Management.

    Many unsigned musicians provide free downloads of their music on their websites as a way to attract more fans. Here's some from my friend Oliver Brown [kingturtle.com] for example. Many such musicians, while relatively unknown, are as good as any major label band and certainly an improvement over the pablum they serve up on ClearChannel.

    You can find many more examples in my new article:

    The article also explores some of the historical and legal issues behind copyright, and suggests steps the file traders can take to make file sharing legal.

    If you're a musician who offers downloads of your music, I can link to your band's website from the article if you give my article a reciprocal link. Please follow the instructions given here [goingware.com]

  • He's full of it. (Score:4, Informative)

    by Visigothe ( 3176 ) on Friday July 25, 2003 @10:45AM (#6531923) Homepage
    ...and by "it" I mean he's not telling the whole truth.

    I have iTMS files on my powerbook. I travel internationally at least once a month, and I have *never* experienced a problem. Once the files are on your HD, they play just as they normally would if you were right at "home"

    I have a nasty feeling this is some FUD, clear and simple. After all, this isn't an "article" this was an email.

    Sigh.
  • by Arker ( 91948 ) on Friday July 25, 2003 @10:46AM (#6531928) Homepage

    According to the article, you either have to volunteer the change of address info to Apple, or change the address on your credit card.

    I didn't think the blurb could be exactly correct. When i go to iTunes (I'm using a Swedish IP) the message I get says that I won't be able to purchase music unless my billing address is in the United States. So it wouldn't make sense for them to let me buy it with a stateside billing address then delete it when I download it, now would it?

    It's damnably stupid to have such Mickey Mouse restrictions in the first place, but you know the record companies must have insisted on language to that effect if they were to do business at all.

  • This makes sense (Score:5, Informative)

    by holt ( 86624 ) on Friday July 25, 2003 @10:49AM (#6531965) Homepage
    He tried to reauthorize the songs after his billing address has changed to outside the US. If you have a US address, you're fine, no matter where your computer sits. How do I know? I studied in Ireland during the last school year, and I downloaded a number of songs from iTMS, using my US-based credit card with my US-based address.

    The moral? The license agreement says you aren't to export the songs. This has nothing to do with DRM - it would still be a breach of contract (thus revoking your license to use the songs) to export the songs even if iTMS was giving you straight MP3s.
  • Re:no friendly DRM (Score:5, Informative)

    by Pieroxy ( 222434 ) on Friday July 25, 2003 @10:49AM (#6531966) Homepage
    This stupid law (DVD region) is actually not enforceable in Europe. More and more DVD players out there are multi-zone by default, in the store.
  • Re:Heres a question. (Score:3, Informative)

    by ichimunki ( 194887 ) on Friday July 25, 2003 @10:56AM (#6532042)
    Why don't you check out emusic.com? They give you plain old mp3s and rely on your sense of ethics and existing copyright laws to keep you from infringing. Not only that emusic.com has a working Linux client (sorry, it is not free software), but the client is only needed for downloading. Once you have the mp3, you're set. I realize that some people consider their quality and/or selection to be limited, but it's certainly a value when you consider that you get unlimited downloads with your monthly subscription price.
  • by Squidgee ( 565373 ) on Friday July 25, 2003 @10:57AM (#6532048)
    See, but here's the thing: RTFA.

    They don't delete your songs. This guy LOST his songs in a reinstall, and was trying to buy em back.

  • Re:no friendly DRM (Score:3, Informative)

    by Götz ( 18854 ) <[waschk] [at] [gmx.net]> on Friday July 25, 2003 @11:04AM (#6532103) Homepage
    This stupid law (DVD region) is actually not enforceable in Europe.
    I don't know about your country, but here in Germany we have the new European Copyright law that makes it enforceable. I guess it would also be illegal to crack rot13, as that's a technical prevention measure.
  • Re:No GPS please (Score:2, Informative)

    by Nasarius ( 593729 ) on Friday July 25, 2003 @11:18AM (#6532222)
    It works, but it results in a loss of quality, because you're re-encoding into another lossy format.
  • Re:Huh (Score:4, Informative)

    by ajs318 ( 655362 ) <sd_resp2@earthsh ... .co.uk minus bsd> on Friday July 25, 2003 @11:22AM (#6532253)
    You need some true analogue bandpass filtering to remove the artefacts, and ideally it wants to be implemented using instrumentation-grade op-amps and powered from a linear regulator {as opposed to a switched mode supply as used in a computer} or even rechargeable batteries. Alternatively, use a pentode as a high-gain preamp to give you several volts of headroom, passive filtering {with its inherent negative dB gain} and a triode to match the impedance back to what the line input is expecting.

    If you haven't got all the kit needed to do that, try buffering via tape, which has an inherent bandpass characteristic. If your deck has a special mode for recording from FM stereo, engage that, and any noise reduction you can find. Set the level to match your favourite high-bias {chrome or metal} tape, with the peaks reaching as high as they did on your test recordings.

    If the original recording from soundcard to soundcard sounded noticeably poorer than tape, chances are that soundcard-to-tape-to-soundcard will sound about as good as tape.

    Has anyone else noticed, though, that LINE IN jacks are becoming an endangered species?
  • by SerpentMage ( 13390 ) on Friday July 25, 2003 @11:23AM (#6532269)
    I am in Germany/Switzerland as well. And last I remember the parent poster was right. Sure they can say you want to do it. But DVD players come in all shapes and sizes. Popular are the ones without region encoding, like the one sitting in front of me...
  • by Yet Another Smith ( 42377 ) on Friday July 25, 2003 @11:27AM (#6532300)
    You wouldn't know from the phone system. You don't have to use international dialing to get Canada. Its just one more area code (or more accurately, several more). Go figure.
  • Re:Or even better... (Score:3, Informative)

    by cc_pirate ( 82470 ) on Friday July 25, 2003 @11:43AM (#6532462)
    No, because then you are still subject to their Digital RESTRICTION. Burn them to a normal CD, then rip them back to mp3 or Ogg. That's what I'm gonna do.
  • by gwydi0n ( 235662 ) on Friday July 25, 2003 @11:52AM (#6532547)
    All sales are final etc. If it's a sale, can they unilaterally withdraw the sale based on a spurious interpretation of their terms and conditions?

    Of course not. But would you walk into a bookstore and ask for a replacement to that new Harry Potter book you picked up last week, because you lost yours, or it was destroyed in an accident?

    I can see it now, "I was reading next to the pool when little Jimmy came running by and bumped it right in! The text bled all through the pages, and it's completely useless now! I'd like a replacement copy, since I did buy it last week."

    You may argue that since there's no physical media, this is somehow different. Fah! We all know that it's oh so much of a hassle to burn a cd from a collection of mp3's...

    The fact that they allow you to re-download your songs is IMO merely a nice gesture. Ultimately, you are responsible for backing up your songs to a cd, another computer, etc. If your computer crashes, it's your problem. Not theirs.
  • by berniecase ( 20853 ) * on Friday July 25, 2003 @11:58AM (#6532594) Homepage Journal
    U.S. SALES ONLY
    Purchases from the iTunes Music Store are available only in the United States and are not available in any other location. You agree not to use or attempt to use the service from outside of the available territory. Apple may use technologies to verify such compliance.
    (Emphasis mine)

    Yeah, that emphasized part spells it all out.
  • Service != Songs (Score:4, Informative)

    by DdJ ( 10790 ) on Friday July 25, 2003 @12:08PM (#6532677) Homepage Journal
    They can verify that you don't use the service from outside the US. That has little to do with using the songs outside the US. As long as I live in the US, and only use the serivce from within the US, what have I got to worry about? Playing back the songs I've purchased does not invlolve using the service at all.
  • Re:Sigh.... (Score:3, Informative)

    by rockhome ( 97505 ) on Friday July 25, 2003 @12:19PM (#6532792) Journal
    Um....

    Me to?

    I am going to go with, "My iTunes purchased music still
    works even though I am in the UK now."

    And "I have actually purchased entire albums while in the UK"
  • Never deleted (Score:3, Informative)

    by Rosyna ( 80334 ) on Friday July 25, 2003 @12:20PM (#6532798) Homepage
    It never says the files were deleted. It just says the information that authorized his computer to play those files he purchased was lost during the reinstall and because he moved out of the US he was not able to get the authorization rights for said files. They were not deleted.
  • Re:Heres a question. (Score:3, Informative)

    by ichimunki ( 194887 ) on Friday July 25, 2003 @12:21PM (#6532811)
    Hmmm. I run Gentoo Linux and initially had some problems getting the emusic client to connect, so I'm aware that's it's not all roses... but a couple of emails to tech support later the problem was solved (by my simply deleting some of the files in /usr/lib/emusic I think). Between the fact that they have any sort of Linux support, that the files you download are NOT in a proprietary, DRMed format, and that you have a 50 song trial period (if it's not working, you gave it the old college try and didn't lose anything but some time), I think emusic.com makes a very likely candidate for an online music service for those of us who have concerns (either technical or ideological) with Apple or buy.com's services.
  • Re:Heres a question. (Score:5, Informative)

    by Malcolm MacArthur ( 66309 ) on Friday July 25, 2003 @12:32PM (#6532943) Journal
    And now the real-kicker (at least for me), where's the compensation for the artist? Nope, I'll stick with buying cd's at concerts, it's not a good option, but it's the smallest evil option
    Not really, because a lot of bands have to actually buy their CDs from the record company to sell at concerts. And they don't get them wholesale price either...

    Dang, there goes my chance to moderate :(

  • by andreMA ( 643885 ) on Friday July 25, 2003 @12:35PM (#6532966)
    I suspect that you could cancel the card outright and simply not tell Apple. Not an issue if you don't attempt to make any further purchases - and AAC re-authorization is free.

    Of course if you attempt to buy anything after the card is cancelled, it'll fail authorization with the issuing card company and then I suspect you've blown yourself out of the water as far as DRM re-authorization goes.

    This sounds an awful lot like an oversight, wherein it simply wasn't anticipated that songs purchased in the US would move overseas in the course of the buyer simply emigrating... and thereafter being unable to demonstrate (via a US billing address) that they met the original purchase requirements (being able to at least plausibly pretend to be US residents).

  • by Anonymous Coward on Friday July 25, 2003 @12:45PM (#6533078)
    Emusic has better music (IMO, YMMV) and definitely friendlier terms and cheaper prices. (unlimited downloads for $15 a month, VBR encoded mp3s with no DRM).

    www.emusic.com [emusic.com]

    But it *is* interesting to hear that Apple has been courting independent record labels (which largely make up Emusic's catalog).
  • by Anonymous Coward on Friday July 25, 2003 @12:53PM (#6533165)


    You can't "re-download" files on the iTunes Music Store. If you lose the file, you have lost the song. Apple have made this well documented.

    Deleting a file you've bought from the iTMS caused the same result as snapping a purchased music CD in half - you no longer have the music.
  • by daveschroeder ( 516195 ) on Friday July 25, 2003 @01:58PM (#6533809)
    ...or at least a workaround. As originally posted here [macslash.org]:

    Get a "disposable" MasterCard from webcertificate.com [webcertificate.com]. You can use any other current credit card to purchase the card. (There is, of course, a service fee associated with it.) But the card can be associated with any address you wish, including a US address (just make sure the city/state/zip association is a valid one; other information can be bogus).

    This was originally billed as a way for any international user with a credit card to purchase music from the iTunes Music Store. However, it appears that this method could be used to just get yourself a credit card number that's associated with a US billing address for the purposes of associating it with your AppleID. See webcertificate.com's faq [webcertificate.com] for more info.

    In sum:

    iTunes Music Store does not "check" to see where you are via IP address, or any other network method.

    Music you own is never "deleted".

    The only reason this user encountered the issue is because he had to reinstall his entire OS, and reauthorize the computer with a credit card whose billing address had since been changed to a non-US address - this didn't specifically disallow him from playing his purchased music; rather, it didn't allow him to REauthorize the computer in order to play the purchased music. As others have said, this seems to be more of a unique situation/accident than intentional on Apple's part (notwithstanding the valid legal considerations Apple has).

    Music you burn to CD from iTunes Music Store is yours to keep - FOREVER. No matter where you move. You DO own the music you buy from iTunes Music Store. (Unlike other sites [buymusic.com]).

    As soon as international licensing arrangements are worked out, more and more countries will have iTunes Music Store available.

    Apple did much better than anyone else [chron.com] with keeping broad rights with the user/customer, where they belong.


    And, finally, a letter from the Canadian equivalent of the RIAA:

    The reason why the Apple iTunes Music Store isn't yet available outside the US is because Apple hasn't made arrangements to obtain the rights outside of that country (this is called "clearing the rights" in the music business).


    I run the largest music licensing agency in Canada, CMRRA. On behalf of our clients from around the world, we represent the owners of the vast majority of songs used in Canada.

    Yesterday afternoon I placed a call to Apple Canada to open a discussion on the licensing of Apple's online music store in Canada. Apple's Canadian office is basically a sales operation; no products are designed or produced by Apple in Canada, to the best of my knowledge.

    I'm hoping to set up a meeting with Apple, probably in Cupertino, in the next two weeks. We're looking forward to doing business with Apple - among other things, our clients don't make any money saying, "no". Until we've cut a deal with Apple, it won't be possible for them to do business in Canada - that's why I'd like to negotiate that deal and have it set up as soon as possible.

    We love Mac and iTunes, too! We're sure that a substantial number of Canadians are going to want to do business with Apple, and we look forward to our discussions with them.

    All Apple has to do is call me back to set up the meeting.

    David A. Basskin
    President
    Canadian Musical Reproduction Rights Agency Ltd.
    Toronto, Canada
  • by MKalus ( 72765 ) <mkalus@@@gmail...com> on Friday July 25, 2003 @03:15PM (#6534478) Homepage
    First of all I am not a canadian citize, thus you're barking up the wrong tree.

    Second of all: What does your statement has to do with what I am saying? There is a lot of FUD thrown around about how to make the homeland more secure, most of this is utter rubbish:

    - Passports? They had all papers that were legit.
    - Immigration Papers? The files where with INS and were going to be approved.

    It wasn't Canada who let them in nor did they use Canada as a transit land. It seems to me that there is the idea in some peoples had that the highjacker came into the US illegally, they did not. There was a breakdown in your system, but that is hardly how it is portraited in the media, now is it?
  • Re:Ah well... (Score:3, Informative)

    by dbrutus ( 71639 ) on Friday July 25, 2003 @04:49PM (#6535374) Homepage
    Does anybody read the actual license? Specifically, you have the right to export the songs, it's listed further down. You just have to be doing it for personal and non-commercial reasons. I've moved out of country does it. The Apple customer service rep blew it so Apple isn't perfect here but if you read the license, he should have gotten his stuff restored.
  • Re:Ah well... (Score:3, Informative)

    by dbrutus ( 71639 ) on Friday July 25, 2003 @04:51PM (#6535394) Homepage
    Read further down. Export is legal. Apple's customer rep was full of it.
  • Alarmist posting (Score:1, Informative)

    by Anonymous Coward on Friday July 25, 2003 @05:48PM (#6535840)
    What an alarmist posting! I bought 90% of my iTMS library while in Norway this spring (using my US credit card), but the posting as currently moderated inspires generalized feelings of dread about iTMS and foreign countries. The guy who lost his music makes it sound as if he personally played no role at all in this beyond innocently moving to a friendly nearby nation, when in fact he (a) didn't have a backup of his music library and (b) then reinstalled his whole operating system. Maintain a US credit card, or else back up your music. If you don't plan on doing either one, like the poster, you are admittedly cruising for a bruising--but it seems whiny almost beyond endurance to carry on afterwards as if this is a big surprise or injustice.
  • Critique (Score:1, Informative)

    by Anonymous Coward on Friday July 25, 2003 @08:09PM (#6537023)
    Good suggestions but:

    1- Analogue filtering won't remove compression artefacts without sacrificing HF response, adding high pass filters can cause serious group delay if not implemented correctly (flabby bass drums for example), and be careful to choose the correct filter circuit topology: some exhibit high distortion regardless of the op-amp used.

    2- Instrumentation-grade op amps are not always optimized for audio band applications (consult Analog Devices' data sheets on this one); a descrete op amp (anything but Lin topology) would be a better choice. I would suggest something along the lines of the Jensen Twin Servo

    3- Even average op-amps will give you plenty of headroom as long as your supply voltages are high enough (+/- 15 V gives a P-P output swing of 12.7V for an LM833 with a noise floor of 110dB unweighted, which isn't bad for a $2 chip) asssuming you use a unity gain bandpass filter.

    4- If you're going to the trouble of making a tube pre-amp, you might as well just save time, effort and money and buy the CD. Tubes do add that nice slew rate limiting, though (oh, you're from the UK; I suppose I should use the correct term "valve")

    5- Buffering via tape, while adding the bandpass filter (and audibly impinging on the HF response) also adds such problems as wow and flutter, phase error and channel crosstalk (even in the best decks), and noise. Noise reduction might mitigate this to a degree, but can lead to undesirable attenuation of the HF during quiet passages (Dolby B & C). Unless the problem of connecting one soundcard directly to another is the result of an impedence mismatch (which could be cured more easily by high impedence voltage followers after the output card, triode if you like but op-amps will do) its unlikely that this method will do anything but introduce noise and distortion which will mask the original artifacts rather than remove them. If that's what you call sounding better, then go for it.

    Good point about the linear power supplies over switchmode (one that a lot of people don't realize), but I think your suggestion of using batteries is a bit extreme; with regulation and proper decoupling a linear supply should have a more than acceptable ripple voltage.

    An astute observation about Line In connections. I first noticed this when Apple brought out the "Digital Audio" G4 model (um, its for audio, but there's no audio in...? Okay...). I suppose it makes some sense, given that most people only want to copy from CDs, and the internal PSU of most PCs are quite noisy (as well as being fairly low; not good for headroom), making digital transfer preferrable.

    I would recommend this site:
    http://www.dself.dsl.pipex.com/ampins/ampin s.htm

    Its quite interesting, and written by someone who really knows their stuff. The article "Pseudo-science in Audio" is a real eye-opener (no accusations here; just saying that it made me realize how flawed human perception can be).

For God's sake, stop researching for a while and begin to think!

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