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Originally Posted by Sil_liS
The terms did not exist since the beginning of time. Someone wrote them and put this clause there. Was that legal?
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Seeing how the ruling ended, I would say it was legal. If it would have violated any pre existing rights according to law, the outcome might have been different. Especially in Germany where taking away rights is very complicated to do. I personally still have a german drivers licence that will not expire - even though newly issued drivers licences do expire.
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And how it is that despite the format allowing more freedom, the consumers have fewer rights with digital content?
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Because it is so much easier to make duplicates. Blank cassette tapes have (at least they used to) a special tax on them that reimburses the music industry because of potentially being able to make copies of music for personal use. Blank audio cds had that too - not sure if data only cd-r had that tax as well.