Comment by goldenarm
9 hours ago
IANAL, but is it illegal to have a "Buy" button that is just a disguised "Rent" button?
If not, should we change the law?
9 hours ago
IANAL, but is it illegal to have a "Buy" button that is just a disguised "Rent" button?
If not, should we change the law?
California Assembly Bill 2426 (AB 2426), effective 1 January, 2025. Expands the state's false advertising laws to explicitly ban companies from using words like "buy," "purchase," "own," or "keep" if what the customer is actually getting is a revocable digital license governed by shady T&Cs.
Remember that the power is always with the people. We can enact any law we want
Unless you’re in, say, Ohio, where the government will simply overrule decisive mandates with years of procedural nonsense https://ohiocapitaljournal.com/2026/03/31/ohio-republican-la...
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Power in numbers is with the people. Power in votes is with whoever has the votes. Power in money is with the billionaires. Power comes in many forms and isn't fungible.
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ok but who enforces the law?
If you haven’t been paying attention lately, laws are only as good as they are enforced and it has become obvious that the ruling class is not going to enforce laws against themselves.
The solution here is not something most people are willing to inconvenience themselves over
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Laws are great and all. But what we really need is a massive boycott. Stop buying shit manufactured or sold by Sony for a year. That alone will probably force them to backtrack every single anti consumer decision they've made recently.
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In democracy, power comes from demos. In capitalism, power comes from capital.
Demos doesn't have capital. People never had power. Whenever they've thought they won ... they just damaged position of someone powerful for someone even more powerful without even knowing it.
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the power is not with the people (us) but with the people in power (corpos and politicians). We (they) can enact any laws we (they) want.
I don't think this type of legislation will have any kind of real world effect. Apple App store labels all their buttons with "Get". Google Play Store just prints the price on the button for paid apps/games.
In a thread about movies, it's perhaps more relevant to talk about how those two platforms handle movies.
In a browser, the top category on Google's "Movies & TV" is "New to buy or rent". The buttons on the page for a movie are labeled "$X.XX Buy" and "$X.XX Rent". In the Google TV app on my android phone, the two buttons are "Rent 4K // $X.XX" and "Buy 4K // $X.XX".
The splash images in the Apple TV app iOS say "Buy or rent it now.", and the buttons on the page for an individual movie are labeled "Buy $X.XX" and "Rent $X.XX".
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There needs to be a carrot or stick to discourage this kind of practice. Perhaps when companies sue users for piracy, the valuation of what was "stolen" should be dependent on the nature of that company's sales practices. e.g. A company that merely "rents" media in a deceptive way would only be eligible to claim small fractions of a penny on the dollar were stolen when prosecuting a pirate. This way companies would be encouraged to respect user ownership rights if they want their own rights to be respected.
How about if it doesn't say RENT, it means you own it and first sale doctrine applies. We can't let them weasel and wordsmith their way out of things.
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Apple does the same thing as Google, the button is only labeled "Get" for free apps, for paid apps it's labeled with the price.
Paid apps largely failed as a business model though (why would a consumer take a risk on buying a paid app that they can't try before they buy) so most apps that you pay for are free apps with IAP subscriptions... which I guess makes it a little more explicit that you're renting the app, for better or worse.
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wow, sidestepping like that sucks.
Strangely, some kindle books actually do meet california criteria of "buy" by allowing a download of the book in .pdf or .epub format.
But when you go to buy them, it still seems to say:
There is no other indication in the item description of this difference.
It is only later in your library that it quietly says:
I think that's a great effect, they are no longer lying. I don't want to see a button that contains all the terms. What else would you want?
Yet another victim of an overspecific law.
I've wondered how they'll draw the line on this. If Amazon or Apple has a buy button and it means you get to have ongoing access to the content for as long as Amazon/Apple is around, then for a 30 year old person there's a decent chance that's as good as buying the thing. But if it's hazier, as in the case of Sony's revocation based on losing rights in later years, then you're obviously not getting the same thing. How does CA's law apply to this continuum of circumstances?
What makes you think that this is "as good as" buying when the original post itself demonstrate clearly that it's nowhere close to actually buying something?
Is there something in Apple or Amazon terms which say they can't under any circumstances deprive you of accessing the content you have bought with their "Buy" buttons? I don't see why you are trying to assign a difference between them and Sony here?
We have words like leases, licenses, or renting for a reason and they are not new.
The companies which shifted their business model to renting in the digital age have perpetuated the "buy" buttons to make their customers think the transaction was the same as when they purchased a physical media... but clearly, and it's by far not the first case, these companies will deprive their customers of their "purchase" for many reasons that shouldn't be any concern for someone who actually "bought" something... like the companies suddenly deciding to stop paying for the rights of the thing that they alledgly "sold" to you.
So just as clearly, theses were not actual purchases but just licenses, non-transferable, allegedly "perpetual" but unilaterally revocable at any time with no refund.
I really don't see why you seem to think there is anything hazy about this, or hard to delineate. This law seems to cover the cases in which these companies abuse the language in question, Amazon and Apple are not "selling" you anything digital, you acquire a pretty limited license on all of these services.
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Buy only means buy if you can use the product as advertised after breaking all ties with the vendor.
Let's not broaden this definition in favor of the vendor.
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Amazon still shows me a buy option for movies?
Effective after most people likely bought their movies.
Is it working/being enforced? Anecdotally I haven't seen or heard of any changes in verbiage, but I haven't been paying that much attention.
Steam/Valve follow the law: https://www.theverge.com/2024/10/11/24267864/steam-buy-purch...
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Apple was sued for having revoking access to hundreds of movies that a customer purchased. They tried to claim that "No reasonable consumer would believe' that purchased content would remain on the iTunes platform indefinitely".
Sadly the case was settled, see: https://news.bloomberglaw.com/litigation/apple-settles-alleg...
So basically "you should have expected to be scammed because everyone knows we are always scamming everyone"
Not even a defense of Apple here… but I think most everyone does know. We just agree to bury our heads in the sand and not to do anything about it as long as service continues in good faith.
It comes up occasionally ever few years, whenever Amazon claws back an ebook or something like this (particularly egregious) thing happens. But then we just go back to normal.
Blurays are obscenely customer hostile too, but I decided a long time ago that they’re as close as I’m getting to owning a copy.
At least I have way to inoculate myself against this scenario without outright stealing.
But now even Blurays are getting harder to buy. Some of the bigger titles I try to buy aren’t being made… or never were (streamer exclusives).
I think many made the same assumption that I made: A movie can be withdrawn from iTunes or an eBook from Amazon, but if you already bought it you'll retain access, it's just that no new sales can be made.
Regarding BluRays, and to some extend DVDs, I'm in the same boat. I have season one of a TV show, but season two never made it to DVD and now it's locked away in the vaults of some production company, you can't even stream it. There are so many movies and shows that will just be lost in the future.
They'll argue you're "buying" a license that they can revoke when they feel like it. My feelings on the matter have been summed up by someone else more clever than me as:
If buying isn't owning, then piracy isn't stealing.
Then the button should say "Buy Revocable License."
Inevitably people will ask what that means. That will lead to a FAQ on the company's site somewhere, and various videos on the social media explaining it periodically with lots of comments. That will be a good thing.
Corporate marketing teams will eventually settle on something better sounding but technically legal, something like "Premier Anytime Access" for specific movies (versus "Bronze 24-hr Access"), or similar.
Selling someone a license, and then revoking it is like destruction of property. The injured party is owed a refund in the amount of the present day replacement cost.
It's the same as if someone sold you a toaster with a remote self-destruct feature, and then invoked the self-destruct. They owe you a new toaster.
IANAL but I bet that:
- If the license terms include a section on termination, and termination is done in accordance with the license terms, it's fine legally.
- Licenses can be transferable but that doesn't make them non-terminable.
I could be wrong, though.
It's pretty crappy that we got to the point that overly simple actions (like clicking on buttons or breaking stickers on packages) can be considered accepting license terms. Is that really a "meeting of the minds"?
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They will argue that, but this is unlikely to hold up in front of court even in the US.
The problem isn't it being illegal.
But they instead bank on most people not having the means (money/time) or will to sue them over this. Especially given that the actual "damages" you can effectively sue for often relatively small for most users (likely <15€ per movie, so for most account <100€ per person "per situation where you could sue").
And if there is an exception (someones losing hundreds of movies or class action law suite) settling is likely still cheaper for Sony.
This is the problem with many laws the cost of breaching them is often too small (but only IFF you are a huge company with their own lawyer department etc.).
If management would be personally liable with _mandatory prison sentences_ for the CEO/Company Owners if it seems the law was knowingly breached because penalties are cheaper then benefits (or repeated offenses etc.) things probably would look quite different.
Other approaches to counter this includes things like penalties of base+%of yearly revenue, %yearly Profite etc. The problem here is this approaches are often a mix of unfair (e.g. same revenue with large profit margin is penalized way less) and/or can be fudged/circumvented (e.g. if based on profit, but even if based on revenue it can be partially circumvented in some situations. So I think making executive personally liable might be the only way to fix this.
Piracy has never been stealing. If you get into trouble with the legal system for piracy, it's for copyright infringement, not larceny.
But actual piracy has always been about stealing, so maybe it was not a smart move to label the movement after thieves and murderers, while insisting it is not about theft.
Because yes, it is copying. Nothing gets taken away. But when a pirate took a ship and it's gold away, it was gone.
"Stealing" in basically all common law jurisdictions requires intent to deprive the rightful owner of the property.
yes digital piracy was never stealing, but a mixture of contractual breach, copyright infringement and (illegally) causing financial damages through (illegally) causing lost sales.
Hence why you don't get tried for theft when you commit digital piracy. Which, as absurd as it might sound, sometimes (/in some cases) would be better to be tried for due to very unbalanced laws.
But also it should be pretty obvious that this isn't what people mean when they say "if buying isn't owning, then piracy isn't stealing" and a intentionally misinterpretation of statements based by nitpicking formulations is neither contributing anything meaningful nor is it appreciated (in most situations).
The problem is that we've always been buying licences, it's just that the licence used to be attached to a physical object, so transferring the licence was as easy as transferring ownership of that physical object.
It's never been legal to copy a book, film, or music album and sell the copies, for example, because the licence doesn't allow it. Hence freeware, shareware, and copyleft licences.
That is false. It is legal to copy materials that you own, provided you don't redistribute the copy, like for protection against loss. A notable exception of this is the USA DMCA. If, to make a copy, you have to break a copy protection scheme, then you are violating the DMCA.
The license isn't what takes away your permission to redistribute copies; copyright law does that by default. The license is only reminding you that it's not lifting that default, not granting you that permission.
Copying is neither here or there. There is an understanding that when you buy a book, you own the physical thing.
If I sell you a toaster and then remotely cause it to self-destruct, I owe you a new toaster.
Grandparent referenced "if buying isn't owning then copying isn't stealing". I would say that "if buying isn't owning, then stealing isn't stealing".
If a toaster is offered to sale to the public which the seller can remotely destroy at any time, and not pay anyone a cent, and the law upholds that, then it's morally fine to just walk out of their store with that toaster without paying.
yes, but it was (is?) in many places legal to copy Filmes and Musik albums as backup, and iff the original is lost you can very much sell the backup alongside with the license you did buy (kinda, it gets messy practically).
It only mattered that if you sell it you lose it, i.e. you can't buy 1 sell (or gift) 10.
Similarly in analog times this where not unilaterally cancelled licenses. Which are effectively nothing more then time limited licenses where you just don't know how long. (1: un
In law areas outside of copyright this kind of license cancellation terms are often seen as predatory, fraudulent and abusive practices. And _sometimes outright illegal no matter how well you communicated what the license/contract does_ before it was acquired (in some countries).
(1: unilateral cancellable without a brach of license/contract from you side and some other special edge cases to be more precise)
Which is the crux of the problem, not that it isn't attached to physical media, but that it can be cancelled in a mostly despotic manner and you (often) can't make (relevant) backups or similar to protect the availability of the medium either.
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It’s not about transfer, it’s about being practically irrevocable.
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[dead]
Copying something isn't stealing by any legal definition. It's copyright infringement.
I’m just collecting training data for my AI.
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"you wouldn't copyright infringe a car" doesn't have the same ring to it
You wouldn't steal a baby
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Piracy isn’t stealing because copies don’t destroy the original
The proliferation of copies economically devalues the originals.
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I'm hoping someday this will go the same way as other companies trying to redefine "unlimited", "free", or "lifetime". I hope lawyers reclaim "buy", "own", and "purchase" from shitbag marketers back into contract law, where they have English meanings.
https://retailwire.com/t-mobile-att-verizon-fined-10-2m-for-...
https://arstechnica.com/tech-policy/2024/07/lawsuit-t-mobile...
At the very least, if Sony yanks your purchase, they should merely refund it in full.
A $10m fine for mobile telcos is a rounding error. “Softer quarter due to outstanding legal and regulatory obligations…” The fines need to be a standard percentage of income or the personal assets / freedom of officers needs to be on the line if we want those punishments to change behavior.
It really should be fines plus ALL money gained through the illegal activity. If you steal a car you don't get to pawn the stereo, give back the money gained and then drive off into the sunset.
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> The fines need to be a standard percentage of income or the personal assets / freedom of officers needs to be on the line
This is the obvious solution to most problems but of course they're the ones writing the laws so it'd never happen in a trillion years.
Not even "Rent". Rentals are priced by the time you rent for. If you want to rent something for 30 years, you can, and you'll keep paying for 30 years.
This is a one-time cost and you just don't know when they're going to snatch it back from you. They won't tell you. They won't even give you a notice period. They don't know themselves. They only find out when the licensor they're sublicensing from demands "too much" for ongoing licensing and they just give up and pretend they didn't sell you that and take your money.
The button would have to be "Licence, subject to unilateral revocation at any time."
This is always a cute proposal, but what are people expecting to happen? If such a law actually rolled out with strong enforcement, all the buttons would just change from "Buy" to "Rent", which wouldn't meaningfully improve access to and fair usage of media.
It would create consciousness about the whole affair and not just in some nerd circles, but in the general population. People know the difference of buying and renting and they will be enraged if found out they have been scammed.
"we're training the public that they're 'buying' a revokable license, not the song" ~MPAA ;)
Laws like that are just going to give rise to new tortured wording. You're buying a revocable license to view the content under certain conditions. It was already in that territory even with physical media; that's what region locking is. Likewise, if bitrot set in and your disc became unplayable, the distributor didn't send you a new one. You never had a perpetual, irrevocable, and otherwise unrestricted license to view that content.
I'm not saying that it is not worth trying to fix this, but now that the technology enables content owners to more fully control your access, they're not going to be keen to relax that only to leave that money on the table.
What? "You never had a license" - no, of course not, that's not what buying is. You had a phonograph record or whatever, and it didn't get replaced when worn out in the same way that the shoe manufacturer doesn't replace your worn out shoes which you have bought. Region locking, what about it? It's interference with ownership too.
Things you can buy have to be accurately described as what you actually get, so "buy this" ought to be an accurate description of what the deal actually is, too.
I get it, but your advertising to it what you want it to be, not what it is.
It’s good but will ultimately end up like the GPDR popups. Everything will say rent, won’t change the fact that you can’t actually own anything. The law should instead give us real ownership.
At the same time, I expect consumers to have a skosh of sense - I would never expect a third party to hold any sort of digital media remotely for me, in perpetuity, just because I gave them a few bucks. I know they should, based on allowing consumers to “buy” movies but, at the same time, I have a good enough understanding of the world to know that’s not likely.
Pretty sure you could get some action from the ACCC here in Australia if you go through the process to lodge a complaint.
Why, do you want Sony to add mandatory Digital ID to their platform?
If Walmart sold you a lawnmower, but you had to leave the lawnmower in their store, would you consider it your property just because they let you start it up and hear it rumble?
If you wouldn't do that for Walmart, why would you do it for Sony?
People are buying vehicles at great cost that can be remotely disabled. If the analogy were slightly less tortured, I'm sure the answer would be yes.
That's a truly weird analogy.
Unrelated, but that is such an unfortunate acronym.. There's no way the people who perpetuated it didn't know what they were doing
I propose, let's see..
Definitely Isn’t Legal Doctrine, Obviously
or.. Based Only On Basic Speculation
perhaps Consult Official Counsel, Kindly
or more succinct, This Isn’t Trained Solicitor Advice
Respectfully, and for the pun: all of those are as ass as IANAL.
I don’t understand what is wrong with NAL/NLA not a lawyer/not legal advice.
be utterly mercenary when helpful interlocutors suggest trusting legal expertise