I hate to bring up a copyright issue again but...

There was recently a discussion if it is acceptable for a distributor to grant 
Lifetime streaming rights. There was a faction that argued it is acceptable as 
long as you limit the rights to a single digital format and do not allow the 
buyer to transcode the file to a new format. They could use the original file 
as long as it plays on their streaming service just like they could use a DVD 
as long as it works. The analogy was made to a download in the consumer market 
not having a time restriction.

I was recently discussing this with an institution that wants to stream in 
perpetuity in any format. I said Apple does not permit that and she asked if 
that was through a technical limitation/DRM or the Terms and Conditions 
agreement. I had to admit I did not know. So I reviewed the terms 
(http://www.apple.com/legal/itunes/us/terms.html#SERVICE) and can see no 
restriction about copying files to a new format. They only limit playback to 5 
iTunes approved devices and do not allow iTunes video to be burned, which I 
think means to disc. Then I transcoded a m4a file to an ACC file and played it 
back no problem. So it looks like Apple is selling the right to play back in 
any digital format in perpetuity. 

Am I missing something?
Bob

Robert A. Norris
Managing Director
Film Ideas, Inc.
Phone:  (847) 419-0255
Email:  [email protected]
Web:    www.filmideas.com

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