this post was submitted on 14 Oct 2023
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The one where you buy a CD vs the one where you buy an MP3.
It depends on your local laws for physical media mostly, like old DVDs would say not for public event display including schools etc. but that was unenforceable muck.
But with digital media you could have access through a Service which requires adherence to the TOS
Nah. In the grand scheme of things it's the same licensing agreement, one which is still basically unchanged for physical media. They tried not too terribly hard to adapt it for digital media (mp3's, and video files) about 20 years ago now. And you still only own a license to enjoy that media in whatever form you paid to purchase it, for the term of that license. The TOS and all of that is extra stuff added by the platform but your license has nothing really to do with that. Which was my point. People like to pretend they own physical media because they feel like they do. But in fact they don't. They own a license to view or listen to it etc. The owner is always going to be the entity licensing it to you. And they absolutely could sue for it back and possibly even win the lawsuit. They won't, but they could.
If you purchase an MP3 from Amazon and then don't back it up to somewhere you have access to in the event that that media becomes unavailable on the platform that's on you. But the licensing agreement is basically the same.