My co-worker Fred von Lohmann writes: "Wal-Mart launched a music download site today. Notice the rather breathtaking EULA terms (much more onerous than the Apple terms) — Fair Use, First Sale, all other copyright exceptions are swallowed up by contractual prohibitions. Just as with software, these restrictions will almost certainly be selectively enforced against reverse engineers, would-be competitors, and tinkerers who disrupt the biz model. All backed up by WinMediaPlayer technical restrictions.
"And all completely useless at preventing Internet redistribution, since you can presumably record via analog outputs or burn to CD-R and re-encode to mp3.
"I say again: current DRM has nothing to do with preventing piracy, everything to do with impairing consumer rights, competition and innovation."
You are entitled to download, export, burn or copy Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by WALMART.COM or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.
You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.
