When you click a buy button you expect to own your purchase right? We all love digital content like music and movies and TV shows. But do we actually “own” the content? When you buy the digital version, versus buying a CD or DVD things can get murky.
That is a question that the courts are now trying to answer. In fact, Apple is now facing a lawsuit over the “Buy” button in iTunes. The lawsuit claims that Apple is being misleading and deceptive because the company can terminate your access to your iTunes content at any time, so you aren’t really “buying” the song or movie or show. It feels like we are for sure.
Apple’s claims that “no reasonable consumer” would believe that the content on the iTunes platform would be there indefinitely. This was the argument the company used to try and get the lawsuit dismissed, but sadly for Apple, the judge disagrees.
U.S. District Court Judge John Mendez says, “Apple contends that ‘[n]o reasonable consumer would believe’ that purchased content would remain on the iTunes platform indefinitely. But in common usage, the term ‘buy’ means to acquire possession over something. It seems plausible, at least at the motion to dismiss stage, that reasonable consumers would expect their access couldn’t be revoked.”
This should get very interesting before it is over.
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