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Joined 1 year ago
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Cake day: June 13th, 2023

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  • I’m not trying to be a jerk here, but you saying it over and over and offering no proof or corroborating evidence for your claims isn’t furthering the discussion. I’ve provided two examples of cases where purchasing a file constitutes ownership and not a license, one where purchasing an MP3 constitutes full ownership of the MP3 via the terms of service, and one where purchasing an eBook constitutes full ownership of the ebook. According to you this is impossible, but I’ve provided two clear examples where it is, in fact, possible.

    I am interested in hearing why you believe what you believe and what evidence you can present that supports your beliefs, but if all you can do is restate that you say it’s x/y/z without any legal standing it and without anything that explains how the terms of service I provided are incorrect or unenforcable (e.g., can you provide me any previous situation in case law where terms of service expressly disclose an mp3 or ebook purchase as a merchandise transaction, but then treat as a revocable license?), I’m not sure where we can go from here. I appreciate your willingness to have the discussion but I’m not here to take someone’s word without any corroborating evidence.

    I think that a lot of people think what you think, and I think a lot of people think that because the majority of places online only allow purchases as licenses, but just because 85% or 90% of places you go online sell you a license to an mp3 or an ebook doesn’t mean that other places don’t exist where you can buy the mp3 or ebook outright. Further, I’ve done a lot of digging and I cannot find any case law that supports your claim that it’s not possible to “own” a file. Authors own manuscripts they write on their computer and can seek civil or criminal penalties when those files are stolen, musicians own the raw files they make of their music and can do the same, etc.







  • ^ Exactly this. I was an Apple fanboy (perhaps even shill) until the iPhone 5S when my device had a bad NAND chip causing it to randomly and sporadically blue screen and reboot (as a PC user, the blue screen irony was not lost on me) and Apple jerked me around for 3 months until the phone was out of warranty and then told me I should have bought Apple Care on the phone even though the issue started before the 1 year warranty had expired.

    I didn’t find this acceptable as I had written proof I’d taken the phone in to the shop multiple times during the warranty period, ended up calling their corporate office of the president where they worked with me to generate logs from the device and send them to Apple techs who would review it, at which point they came back and said “yeah it looks like the NAND chip is bad” and “but it’s out of warranty”. When I told the person from Apple this was ridiculous because I’d been an Apple customer for decades and I’d had umpteen Macs and Macbook laptops and iPhones and I’d never had this problem with any other Apple device (the whole point being the devices are 30% more expensive because they’re high quality and don’t have these types of problems), she cut me off and said “Apple doesn’t have a customer loyalty program, sir.” and dead-ended the entire conversation right there.

    I took the 5S out to my driveway and smashed it with a hammer and went and bought a $200 HTC One E8 and I’ve been an Android user ever since and will never give Apple a penny if I can avoid it. The products were fine, the software was good, but the service/company is rotten.