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Yahoo! Offers Refunds for DRM-Crippled Music
Post by trog @ 09:24am 30/07/08 | 12 Comments
This was so depressing and predictable that I didn't post about it when it happened last week - the Yahoo! Music Store shut down, taking the DRM'ed music of anyone that bought from it along with it.

The EFF are reporting the almost-amazing fact that they'll be offering full refunds to anyone that bought crippled music and has now lost their access to it. It's worth pointing out because big companies aren't noted for their responsible behaviour when it comes to DRM, so big props to Yahoo! for doing the right thing here.


yahoodrm





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Sip@d0r
Posted 09:56am 30/7/08
/golf clap
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ccl
Posted 11:35am 30/7/08
Do you think there would be any legal standing to challenge these retailers/record companies that they are advertising/selling their wares incorrectly?

Surely these events relating to Yahoo! and Microsoft DRM music stores offer ample proof that they are in effect renting music rather than selling it outright? It's only a matter of time before a similar situation arises around the Apple iTunes store.

last edited by ccl at 11:35:04 30/Jul/08
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trog
Posted 11:43am 30/7/08
Do you think there would be any legal standing to challenge these retailers/record companies that they are advertising/selling their wares incorrectly?
I don't know, and I was wondering the exact same thing as I was writing the article. I guess it comes down to the weasel-words in the terms and conditions about the music being "licensed, not sold" - but it seems really weird that they could come up with a license that allows them to randomly stop providing the license at their discretion.
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Obes
Posted 12:22pm 30/7/08
So if you did the right thing and bought it you got reemed.

If you did the wrong thing stole the handbag the car and whatever else is in those stupid adds you are fine.
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Midda
Posted 02:11pm 30/7/08
^^ Ads.
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Obes
Posted 02:44pm 30/7/08
On a similar note...

In a court case Blizzard vs a Bot maker. Blizzard went after them claiming copy right violations.

clicky

Tin foil hat view of this ruling basically rules out fair use in any form.

But also ...

Interestingly when you buy WoW, you aren't... its like DRM music
although owners of software are allowed to load copies into RAM in order to use the software, it (Blizzard) is not selling World of Warcraft software to users, but rather licensing that software,
thats from Blizzard's submissions

So I wonder if this means DRMd music can't be backed up legally now ... since its a copy.
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trog
Posted 03:37pm 30/7/08
The licensing vs sold thing is coming under increasing scrutiny; I was a bit surprised Blizzard got away with that one because the trend (at least from what I have been reading) appears to be more that despite what the big companies would like to have you believe, the software IS in fact sold and you can do whatever you want with it.
So I wonder if this means DRMd music can't be backed up legally now ... since its a copy.
My understanding under Australian copyright law at the moment is you can back up DRMd music as long as you retain the DRM system that is in place. You can't, however, "back it up" by cracking the DRM and keeping that version.
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trog
Posted 11:02am 31/7/08
Actually just saw this post in a Slashdot thread, which is AWESOME - basically it says that if you buy DRM music on your credit card, and then the DRM system is no longer available, it is considered non-delivery of the product and you can apparently get a refund.

That's obviously US-based but I'd be surprised if it wasn't the same in .au.
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Obes
Posted 11:31am 31/7/08
That is relevant for what 30 days after the purchase ?
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Jim
Posted 11:33am 31/7/08
http://cr.yp.to/softwarelaw.html
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Obes
Posted 12:07pm 31/7/08
Except jim we are talking about software/music were you aren't actually buying it... its software where you are only buying a licence to use it, so that laywers can play weasle words.
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reso
Posted 12:36pm 31/7/08
That is relevant for what 30 days after the purchase ?


Not 100% sure but I think it's 180 days
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