The Wall Street Journal's law blog
has a post today with the title "Federal Court Sides with Eminem in royalty dispute; Record Business does not Implode." In reviewing a decision in a suit brought against Universal Music Group by producers affiliated with rapper Eminem, the Ninth Circuit Court of Appeals held that iTunes downloads (even the DRM-free variety) are encumbered by enough restrictions that they can’t be considered sales at all; the songs are instead being licensed by the "purchaser". The opinion is available
here.
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