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Originally Posted by latepaul
I'm really not. I'm asking you to define your terms. What have you bought? What laws cover it and what rights do they give you?
Mostly true. There's the matter of the tape itself.
They could do that, they probably just couldn't enforce it. The truth is that you gain a right to have a copy of the movie based on the terms the copyright holder dictates. I can imagine it would be possible to write terms that are legally unenforceable but I believe they would be more niche than even your example.
True but you say "assert" as if everyone knows what buying an intangible thing like a digital download is and the company have flouted it. It's not like buying a physical object. I've given an explanation based on copyright law - which equates to licensing. If you have a different one explain it, tell me what it's based on. If it doesn't involve licensing then it won't involve copyright.
Two different forms of licensing. Two different sets of terms. One gives you a short-term license the other indefinite.
What is it that you are keeping? You accuse me of arguing philosophy, my counter-argument is that you're not being concrete enough. You're handwaving - "everybody knows" etc.
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There is a big difference between what a company asserts, and what stands up in court. The head of Disney once asserted that fast forwarding through commercials is stealing from Disney. Doesn't make it true and the statement is totally contrary to court findings.
Licensing and buying are two different concepts. You don't license a big mac and fries when you go to McDonalds. Claiming that it's licensed doesn't make it so. There is no hand waving going on. You are the one asserting that the sky is green and grass is blue. I'm the one saying when the button say buy, then I've bought it, not licensed it. Renting is a lot closer to the idea of licensing. You get use of something for a set period of time. One can either lease a car for a set period of time, or buy it. That's why I pointed out that both Apple and Amazon will either rent (license) or sell (buy).
Common expectation is a very sound legal doctrine, especially in contract law. If I buy a ticket to see the new Star Wars movie, then I didn't buy a piece of paper, I bought the right to sit through one showing of the new Star Wars movie. Selling someone a ticket and saying "sorry, you just bought a piece of paper" is generally considered fraud.