Ownership Matters: A way to own digital media you buy online

In his piece for PoliticoMagazine, Kyle K. Courtney describes the questionably precise positioning of the “buy” button so commonly found next to music and movies online.

“When Amazon, iTunes or any digital retailer explicitly says ‘Buy Now’ and the consumer clicks that ‘buy’ button, there is a definite presumption of purchase, and, with that purchase, ownership. That presumption, however, is not reflected in reality,” says Courtney.

If you read the pages of fine print, which many of us don’t, you’ll see you’re not really “buying” anything. Your content is only as protected as the terms say it is, and only if the retailer maintains your access to the content you paid for, as they or their service can close at any time. Most of the digital content you buy is not protected by the solid legal rights you get when you purchase media in its traditional physical format.

So why do people keep buying into media they’ll never own? Courtney says, “We are attracted — and have become accustomed — to the convenience of rapid purchases and on-demand content. When it comes time to move our online MP3 collection or transfer digital content to another device, then we face a surprising reality: We do not really own our electronic music, books and movies in the same way we do when we purchase physical books, CDs, records or DVDs.”

With the Murfie service, we’ve created a hybrid of physical and digital ownership: digital content with true ownership rights in the underlying media you own. The music you buy on Murfie can be available instantly to stream, and you can sell it to someone else if you decide it’s not for you. This is possible because each album you buy is backed by a corresponding physical copy that we store at our headquarters. It’s up to you if you want to store your titles on our shelves or yours, but the digital access is available to you anywhere.

On-demand music and movies are convenient, and it’s true that not everyone will care about owning everything they pay for. But the main issue, Courtney seems to be saying, is transparency. If we’re not really “buying” the digital content from these other big-name services, that should be clear. Then people will have the information to make informed choices about real purchases vs. rental contracts, and go for an ownership-based model if that’s what they desired in the first place.

In the future, we could have ownership that’s free of the physical backups. This could be possible with better contracts around digital content, which could allow buyers to have permanent and transferable rights connected to the media they bought, in formats that work across vendors and services. At Murfie we refer to this as a Physical Equivalent License, and we’re working on offering one down the road—and when it happens, we’ll be sure to state what you are really paying for clearly, right on the buttons in the shops.

Ownership Matters: Buyer Beware!

Did you read the Terms and Conditions?

It’s no secret that Terms and Conditions are subject to change. When you buy licensed content online—whether it’s music, movies, or some other media—your access to that content is always at risk.

Take this for example: Online gamers were able to buy full songs within a virtual social networking game created by IMVU, Inc. Later on, all the songs were truncated to 20-second clips, resulting in a lawsuit filed by Peter MacKinnon, Jr., a gamer who was upset that all the songs he paid money for were shortened. This instance shows how the uncertain future of licensed content can make your initial investment wasted if the terms change, or don’t protect you.

IMVU argued that since MacKinnon accepted the terms, he has no property rights to claim.

And that’s just it—MacKinnon accepted the terms, so it’s perfectly legal for the gaming company to do whatever they want with the songs he bought if that’s what the terms say. That doesn’t change the fact that, well… he got screwed, and everyone can see that!

We all read and understand the fine print all the time, right?

As a music fan, it’s a problem when your rights are dictated by often complex and flexible terms and not good old-fashioned property rights. The terms of buying licensed content are making this a “buyer beware” world—which seems worse than a world where what you buy is legally yours in a way you understand, forever and unchanged, across vendors and services.

If you want to buy music and have it always be yours, it’s great to go with ownable formats like CDs and vinyl. A lot of people dig digital music, and so do we—which is we built our service to provide you digital download and streaming access to a physical collection you own. The CDs you buy on Murfie and send to Murfie will always remain yours—so no fear here if our terms change. Ownership has got you covered.