Large
companies such as Amazon, Apple, and Google want us to not think of digital
content as something we can own. In fact, many of their end user agreements codify
that we don’t actually own the content we buy. For instance, the Google play
user agreement says
Following payment of the applicable fees for Content, you will have the non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and in other cases for as long as Google and the applicable copyright holder have rights to provide you that Content, to download, use or stream, in each case, solely as expressly permitted by Google and subject to the restrictions set out in the Terms and associated policies, copies of the applicable Content to your Devices, and to view, use, and display the Content on your Devices or as otherwise authorized by Google as part of the Service for your personal, non-commercial use only. All rights, title and interest in Google Play and Content not expressly granted to you in the Terms are reserved by Google and its licensors.
Basically, this means Google owns the content and they
give you the right to use it. and this isn't unusual. Language like this appears
in the iTunes and amazon user agreement too. Worst yet, since you don’t own the
content, you can’t protect it. For example, in 2009 Amazon lost the rights to
the George Orwell novels “1984” and “Animal farm”. Consumers who had purchased
these books were understandably miffed to wake up and find that the books had
been deleted from their kindles. (stone, 2009) It wouldn’t be
acceptable for a book store owner to break into you house and take back paper
copies of your books, but with digital content it seems that is acceptable. In
conclusion It’s important that we remember that we do own the digital content
we own even if it doesn’t feel like it, and that we push back legally against entities
that would seek to deny that.
References
Google. (2017,
January 23). Google Play. Retrieved from Google Play terms of service:
https://play.google.com/intl/en-us_us/about/play-terms.html
stone, B. (2009,
july 17). Amazon erases orwell books from kindle. Retrieved from The
New York Times:
http://www.nytimes.com/2009/07/18/technology/companies/18amazon.html?_r=0
I agree that digital content should belong to someone once they pay for it just as a physical copy would, however- considering that they are stating ahead of time that you don't own the content, do you really have any legal ground to stand on? It's horrible for them to make materials people have paid for away, but it is technically perfectly legal to do so.
ReplyDeleteIt is technically legal, but my point is more that it shouldn't be. My complaint is more the practice than the legal status.
Delete