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.
asked Sep 7, 2011 at 21:16
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1Is 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 ♦Commented Sep 7, 2011 at 21:32
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@Daniel Well, the OP in the linked question was asking about streaming music at his workplace. Would that be illegal?– daviesgeekCommented Sep 7, 2011 at 21:35
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2this 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– lemongingerCommented Sep 7, 2011 at 21:38
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@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.– daviesgeekCommented Sep 7, 2011 at 21:46
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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 GreensteinCommented Sep 8, 2011 at 0:28
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2 Answers
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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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.– user10355Commented Sep 8, 2011 at 0:09
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2Just 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. Commented Sep 8, 2011 at 0:29
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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.– user10355Commented Sep 8, 2011 at 0:36
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As far as I understand, anything that iTunes will let you do, you have an implicit license for any iTunes purchased content (it would at the very least be a strong argument in court). Content obtained from other sources would be a different matter.– bahamatCommented Sep 8, 2011 at 1:15
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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1Just 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. Commented Sep 8, 2011 at 0:29
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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 ♦Commented Sep 8, 2011 at 2:06
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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. Commented Sep 8, 2011 at 13:25
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1I 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 ♦Commented Sep 8, 2011 at 16:04