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Are there any legal issues with iTunes sharing? I responded to this question on Super User, and if you look at the comments, the point was brought up that iTunes sharing may or may not be legal.

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Is there a way you might be able to specify that question at all? It seems rather open-ended. What do you mean by "iTunes sharing"? What sort of legal issues? For whom? – Daniel Lawson♦ Sep 7 '11 at 21:32
@Daniel Well, the OP in the linked question was asking about streaming music at his workplace. Would that be illegal? – daviesgeek Sep 7 '11 at 21:35
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this seems a bit off topic as this is not really an itunes issue, it is a "legality of streaming/sharing music issue" which is a legal grey area – lemonginger Sep 7 '11 at 21:38
@lemon Well, where else would it go? It is related to Apple software. I do agree with you that it is a bit off-topic, but I don't know where else to put it. – daviesgeek Sep 7 '11 at 21:46
This is on topic because it is about Apple software/an Apple service. Just keep in mind that we aren't lawyers, so any legal advice should be taken with a grain of salt. See this meta post for more info. Thanks. – Nathan Greenstein♦ Sep 8 '11 at 0:28

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The iTunes Store Term and Conditions are available in almost any country and can be found here. The Terms and Conditions, as outlined by Apple, should address your broad question.

As Daniel has raised the issue of "sharing in the workplace", it is a point of contention that one can argue what "sharing for personal, noncommercial use" entails. Does that cover other parties that listen to the music? Do you have to be in the room (or within earshot) with them to have the sharing fall under "personal" use?

I'm inclined to think that sharing your library at work while you are in the office would not be something that would see you land in court. I can't see a judge in their right mind agreeing to anything more than a C&D, if that, under such circumstances.

You may consider reaching out to the Electronic Foundation Frontier for a more fleshed out answer.

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Thanks! Very helpful. – daviesgeek Sep 7 '11 at 22:25
BTW, I really don't see a problem with it. – daviesgeek Sep 7 '11 at 22:38
Me either. First, they'd have to find out. Then they'd have to perform in investigation, then they'd have to pay a legal team to build a case. Honestly, I can see a lawyer successfully arguing against it. And then there would be precedent that could possibly lead to future rulings to be thrown out. If you burnt everyone in your office a copy of your library, that would be one thing, but streaming it—I'd say chances are slim/to none you are going to face a legal blowback. – cksum Sep 8 '11 at 0:09
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Just something to keep in mind: we aren't lawyers, so any legal advice should be taken with a grain of salt. See this meta post for more info. Thanks. – Nathan Greenstein♦ Sep 8 '11 at 0:29
Yes, I think that's a given Nathan. Like the superfluousness of putting a disclaimer over a DIY. I assume everyone knows by now that 99% of what you read on the internet is at best "for entertainment purposes." Just like I assume everyone knows cigarettes are bad for you, despite having those ridiculous surgeon general warnings or disgusting images on the packages. That's why I included a link to EFF. – cksum Sep 8 '11 at 0:36
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At least in the US agreement, Apple only authorizes people to use iTunes content for "personal, noncommercial use." Nothing I find in the agreement licenses the user to share their content with others at the workplace. So yes, there are potential legal issues.

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Just something to keep in mind: we aren't lawyers, so any legal advice should be taken with a grain of salt. See this meta post for more info. Thanks. – Nathan Greenstein♦ Sep 8 '11 at 0:29
Of course. I'm not trying to give legal advice; the question was "are there potential legal issues," which I took to mean "is there a reason I might want to ask a lawyer for legal advice about this" and I think it's murky enough, that yes, one would want advice from someone qualified to give it. – Daniel Lawson♦ Sep 8 '11 at 2:06
I disagree that using it at work is a problem. By "noncommercial" they almost certainly mean that you can't use the feature to make money. Basically, they're saying you can't rent out access to your music library. It doesn't mean (IMO, I'm not a lawyer) that you can't use it outside your house. – Ben Wyatt Sep 8 '11 at 13:25
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I didn't say it's a problem, I said that's one possible interpretation, so you should get advice from someone qualified to give legal advice. – Daniel Lawson♦ Sep 8 '11 at 16:04

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