Is it legal for me to sell my itunes library?

It is illegal and Apple can find out from different IP's. I don't think you should do it as it can result in losing all of your music, movies and applications.

Anytime bud!

How does itunes limit the computers that can play your music? And on a side note, that statement, more than any other, has convinced me to say far far away from anything apple.

I wouldn't touch an iPod or iTunes with a ten foot pole myself.  I dislike how they force me to use them, and I absolutely abhor the restrictions they use.

One thing you can always do is actually sell your music collection (individual songs or the whole thing) - i.e. sell them to someone else and wipe your copies of them.  The first-sale doctrine guarantees your right to do this - Apple will never win a lawsuit over this in a million years - Autodesk lost a similar case over the right to resell its Autocad software.  The gist of it was that the licensing agreement you agreed to when using the software is not binding because everything relating to the transaction indicates you are purchasing the software, not renting it, as would have to be the case for a company to prevent you from reselling a digital content product.

Quote:

Originally Posted by ffdpmaggot 

The real appeal of itunes though, is the interface. Itunes's interface is just so much nicer than any other, and it is VERY easy to synchronize an ipod with your itunes, I believe itunes automatically converts files that ipod can't play to files that itunes can play. And the ipod is just nice because of the build quality, the interface is beautiful, and it just syncs nicely. I would advise you to try one, and try itunes.

Yes it's so easy it's actually not possible to avoid it (unless they changed it recently). When you reinstall windows and have a fresh iTunes with no songs on it. Then when you connect your iPod it "synchs" and erases everything off your iPod.

That's why I use Media Monkey now, which also converts file size/types to be device compatible. And totally configurable which is very nice. I really don't appreciate programs that don't allow you to make decisions for yourself.

Oh and synching is so much easier as well, select whichever songs you like, right-click synch to device. Love it.

There are other free alternatives to iTunes as well. The only thing I had to give up was the iTunes store but that's a blessing as I now buy it on CD instead (or HDtracks, classics online, lol).

 

Quote:

Originally Posted by ffdpmaggot 

Thats really only an issue if you don't keep all of your music files on one computer, I know that it just works for me because I only use one, infrequently two computers, and when I've synched my stuff to my ipod, i can plug it into a new PC, right click and "synch purchases from ipod". And blackbearden, I'm not particularly interested in selling everything then wiping my pc, I just thought that i could sell my remaining licenses on the folder, and i don't understand your response about "them" forcing you to use ipod/itunes.

It's not about being forced to use iPod/iTunes - it's if you want to use them, you are forced to use them in the way that they want you to use them.  I absolutely refuse to use any media player and software that goes out of its way to keep you from drag 'n dropping music onto the device - and that's to say nothing for the UI.  I can't stand the iTunes updater either.

Pratically, you cannot resell or even give away your purchased iTunes songs.  You agreed away your right of first sale when you clicked through the EULA when you signed up for the iTunes account.  It's the same reason why you can't resell a copy of AutoCAD if you no longer need it or want it.  You don't have the right because that right was agreed away when clicking through the EULA to install the software.  Same issue with Amazon MP3, HDTracks, or any of the other digital download purchase options.  They all have a clause in the EULA that makes the music licensed and not sold.  It sucks.  Had you bought $800 worth of CDs you could resell them or even give them away to your local library or pass them out as party favors.  But with $800 worth of iTunes you cannot.

It's a tricky issue legally.  IANAL.  Yadda yadda.  I don't understand it all and there are lawyers who also don't understand it all and the implications.  Here's a neat article highlighting some of the confusion that even lawyers can't quite figure out: iPods, First Sale, President Obama, and the Queen of England

And here's a brief news article about someone who tried to sell a single iTunes song on eBay back in 2003: eBay mutes iTunes song auction

He was eventually able to sell the song.  He had to transfer the entire account to the purchaser.  Had to change the associated credit card to a pre-paid card and then give the purchaser the login info for the entire account.  You can google for more info about this particular sale and the complications.

I buy my music on CD so I retain my first sale rights.  I can resell what I've got or give away a CD as a gift.  I'm not going to invest thousands of dollars in a music collection that I cannot own (to the extent that one can own a CD or book).

Quote:

Originally Posted by Ham Sandwich 

Pratically, you cannot resell or even give away your purchased iTunes songs.  You agreed away your right of first sale when you clicked through the EULA when you signed up for the iTunes account.  It's the same reason why you can't resell a copy of AutoCAD if you no longer need it or want it.  You don't have the right because that right was agreed away when clicking through the EULA to install the software.  Same issue with Amazon MP3, HDTracks, or any of the other digital download purchase options.  They all have a clause in the EULA that makes the music licensed and not sold.  It sucks.  Had you bought $800 worth of CDs you could resell them or even give them away to your local library or pass them out as party favors.  But with $800 worth of iTunes you cannot.

 

It's a tricky issue legally.  IANAL.  Yadda yadda.  I don't understand it all and there are lawyers who also don't understand it all and the implications.  Here's a neat article highlighting some of the confusion that even lawyers can't quite figure out: iPods, First Sale, President Obama, and the Queen of England

 

And here's a brief news article about someone who tried to sell a single iTunes song on eBay back in 2003: eBay mutes iTunes song auction

He was eventually able to sell the song.  He had to transfer the entire account to the purchaser.  Had to change the associated credit card to a pre-paid card and then give the purchaser the login info for the entire account.  You can google for more info about this particular sale and the complications.

 

I buy my music on CD so I retain my first sale rights.  I can resell what I've got or give away a CD as a gift.  I'm not going to invest thousands of dollars in a music collection that I cannot own (to the extent that one can own a CD or book).

The EULA means absolutely nothing (i.e. donkey shit - you are not signing away your rights to resale) when it comes to the first sale doctrine:

Court smacks Autodesk, affirms right to sell used software:

http://arstechnica.com/tech-policy/news/2008/05/court-smacks-autodesk-affirms-right-to-sell-used-software.ars

Regardless of what the EULA may say - if you are not renting or leasing the media (i.e. a subscription), you DO have the right to resell your iTunes songs (individually), AutoCAD software, or whatever electronic or physical media it is that you rightly own a copy of.

Like I said - the practical aspect of this - how to sell your copies of the songs - is a whole 'nother matter.

Quote:

Originally Posted by BlackbeardBen 

The EULA means absolutely nothing (i.e. donkey shit - you are not signing away your rights to resale) when it comes to the first sale doctrine:

 

Court smacks Autodesk, affirms right to sell used software:

http://arstechnica.com/tech-policy/news/2008/05/court-smacks-autodesk-affirms-right-to-sell-used-software.ars

 

The 9th Circuit Court of Appeals overturned that decision on Sept 10, 2010.  You need to go read the news from the past month.  Do a google news search on "Vernor Autodesk" and catch up.

This area of law is very much not clear.  The EFF can't tell you what is straight and clear about EULAs and how they can affect the first sale rights for software and digital goods.  No lawyer can give you a straight answer.  You're welcome to try to sell an Amazon MP3 or iTunes song on eBay and make yourself a test case.  Hope you can afford a good lawyer.

The Autodesk case is a poor test case anyways.  There's other issues than just first sale mixed in.  The copy of AutoCAD sold was an old version that had been used to get a discount on the current version.  Terms of getting that discount limit what AutoDesk allows you to do with it.  Had the version of AutoCAD no longer been needed by the original owner and hadn't been used to get an upgrade discount then things would be more clear.

Sorry - I don't get to keep up with US news so much now that I'm in Sweden...  I didn't know that he had used the copy to upgrade, nor did I know that it had been overturned.

Hey, I'd love to test the first sale doctrine as it applies to digital music downloads.  But I too prefer to have physical copies I can hold on to - whether it means playing an LP on my turntable or having a CD that I can use anywhere - including letting a friend borrow it.  I still prefer real books, real paper, real printed photos, and real anything...  Much better than a bunch of ones and zeroes.