Legal Issues

by Mike Masnick




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.

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  • identicon
    Anonymous Coward, 28 Feb 2005 @ 7:32am

    Hubris or Stupidity?

    Apple seems to be descending into madness lately with all sort of attacks and aawsuits on people they shouldn't be attacking (customers, bloggers, etc.). Is this some new cultural thing, or something that has always been under the surface but only getting attention now?

    reply to this | link to this | view in chronology ]

    • identicon
      BlueBat, 28 Feb 2005 @ 9:02am

      Re: Hubris or Stupidity?

      I think that it is more that the companies are finding it easier to find these types of activities because of the internet and then are deciding to do something stupid about them. There will probably be a lot of worse actions taken by companies before it gets any better. Don't count on it getting better though, companies seem to do whatever damages themselves most.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 28 Feb 2005 @ 9:03am

      Re: Hubris or Stupidity?

      I think that it is more that the companies are finding it easier to find these types of activities because of the internet and then are deciding to do something stupid about them. There will probably be a lot of worse actions taken by companies before it gets any better. Don't count on it getting better though, companies seem to do whatever damages themselves most.

      reply to this | link to this | view in chronology ]

  • identicon
    Sam, 28 Feb 2005 @ 12:38pm

    You Have Never Purchased a Piece Of Software

    Almost everyone reading this should realize that they have probably never purchased a piece of software. Nor have they ever purchased a song or movie.

    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.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 1 Mar 2005 @ 7:20am

      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.

      reply to this | link to this | view in chronology ]

    • identicon
      Mistled, 3 Feb 2006 @ 6:24pm

      Re: You Have Never Purchased a Piece Of Software

      But he has bought the iPod, just as he would buy a cd. If he can sell the CD (which he obviously can), why cannot he sell his iPod with songs on it? He wouldn't be allowed to keep a copy of the songs himself just as he shouldn't have a copy of that cd he sold lying around, but it is not his fault that there is no good way to sell the 'original' that he purchased. Thus the trouble with digital media, as we all know.

      reply to this | link to this | view in chronology ]

  • identicon
    Necta, 30 May 2005 @ 6:52am

    apple

    Hi,

    hope you can help me! Not sure if you know but how do i get autorisation to become an apple product seller????

    thanks

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 8 Nov 2005 @ 2:46pm

      Re: apple

      I'm cornfused....
      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?

      reply to this | link to this | view in chronology ]


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