Re: [mb-users] Are different digital downloads different releases?

The use of a digital download or a cd is the same in some ways, not all.
When you buy a CD, you own the copy of the CD but not the data on it. When
you download the data (music in this case) from i-Tunes or Amazon, you are
granted a licence to listen to it. Their terms of service are pretty clear
about it. You can sell or give a away a CD from your collection, but you
can't do that with a digital download. Digital media is just that, data.
That's the reason why I don't see downloading and streaming as being
different.

As for the topic, "Are digital downloads different releases?", I would
prefer to keep things simple. Over time a given release may change:
tomorrow Apple could release a brand new remaster of Abbey Road
(erasing the current one their shop) that we would not know of it. Trying
to keep track of such changes will be a pain.

Perhaps we should try to find another way to add digital releases into the
database.

2013/1/9 Kuno Woudt <[email protected]>

> Hello,
>
> On 01/08/2013 10:08 PM, Jazzy Jarilith wrote:
> > I've too added digital releases into the database, and only because it
> > was allowed: I don't believe we should treat them as regular releases.
> > Digital media is more like a new form of broadcasting than anything
> > else. You do not own the music you "buy" on i-Tunes or Amazon. It's just
> > another way to stream music as you would on Spotify or Deezer (On a
> > related note, some bands make their music available for streaming ONLY,
> > no CDs, no download. Streaming only), with the only difference being
> > that you can do it off-line.
>
> No, that isn't correct.  The music I purchased on iTunes, amazon,
> boomkat, bleep and bandcamp is a product I paid for.  And I have an
> implicit or explicit license to use these in the same way I can use a
> regular CD [1].
>
> This is quite different from a streaming service such as spotify.  For
> example if I purchased a product first-sale doctrine / exhaustion still
> applies.  So I can move those files to a USB flash drive and lend it to
> my friends, or even sell these second-hand files.
>
> Whereas if I download an .mp3 from an unauthorized source (I can legally
> do that in the Netherlands), then I have a private home copy, which I am
> not allowed to give to anyone.  If I move that file to a USB flash drive
> it is still my private home copy, and I am not allowed to sell it, I am
> not allowed to lend it to someone, etc...
>
> -- kuno / warp.
> [1] There has been a recent case (C-128/11 UsedSoft v Oracle) on this
> topic in Europe, whether digitally distributed products are considered
> products or services is perhaps different in other jurisdictions, or
> perhaps isn't clear yet in other jurisdictions -- but for Europeans,
> purchasing a digital download awards them the same rights as purchasing
> the same data on a physical medium.
>
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