Comment by mdasen
15 years ago
It doesn't seem to be a license. It seems to be an agreement between Apple and the labels that basically allows for fair-use treatment. Basically, if you already own the songs, you have the license and you're just having Apple provide a convenience service for you - syncing your music to all your devices as high-quality 256k AAC files. You aren't getting a new license for them. You'll perpetually have the files, but it isn't something that will change your legal status.
I'm guessing one of the reasons the labels agreed to this is that it provides them with ammunition that what Apple is doing isn't fair-use. If it was fair-use, Apple wouldn't be paying the labels. Therefore, Amazon, et. al. need to pay the labels for such services too. It sets a precedent that the labels like.
The fact that someone paid for something shouldn't hold any legal water. Just because you suckered someone into paying you money that they didn't need to, shouldn't be able to influence how a court interprets the law. Especially the way that huge corporate interests like that will pay large sums of money to err on the side of caution and avoid a legal battle.