Amazon Argues Users Don't Actually Own Purchased Prime Video Content

[eledoremassis02]

My brother sent me this
https://www.hollywoodreporter.com/th...-video-content

The streamer says its terms of use are clear: what viewers are paying for is a limited license.
When an Amazon Prime Video user buys content on the platform, what they're really paying for is a limited license for “on-demand viewing over an indefinite period of time” and they're warned of that in the company's terms of use. That's the company's argument for why a lawsuit over hypothetical future deletions of content should be dismissed.

Amanda Caudel in April sued Amazon for unfair competition and false advertising. She claims the company "secretly reserves the right" to end consumers' access to content purchased through its Prime Video service. She filed her putative class action on behalf of herself and any California residents who purchased video content from the service from April 25, 2016 to present.

On Monday, Amazon filed a motion to dismiss her complaint arguing that she lacks standing to sue because she hasn't been injured — and noting that she's purchased 13 titles on Prime since filing her complaint.

"Plaintiff claims that Defendant Amazon’s Prime Video service, which allows consumers to purchase video content for streaming or download, misleads consumers because sometimes that video content might later become unavailable if a third-party rights’ holder revokes or modifies Amazon’s license," writes attorney David Biderman in the motion, which is posted below. "The Complaint points vaguely to online commentary about this alleged potential harm but does not identify any Prime Video purchase unavailable to Plaintiff herself. In fact, all of the Prime Video content that Plaintiff has ever purchased remains available."

Further, Amazon argues, the site's required user agreements explain that some content may later become unavailable.

"The most relevant agreement here — the Prime Video Terms of Use — is presented to consumers every time they buy digital content on Amazon Prime Video," writes Biderman. "These Terms of Use expressly state that purchasers obtain only a limited license to view video content and that purchased content may become unavailable due to provider license restriction or other reasons."

Amazon argues it doesn't matter whether Caudel actually bothered to read the fine print.

"An individual does not need to read an agreement in order to be bound by it," writes Biderman. "A merchant term of service agreement in an online consumer transaction is valid and enforceable when the consumer had reasonable notice of the terms of service."

[metsfan1545d]

That’s the case with literally every streaming service

[ltb2.0]

That's definitely not good. Makes me want to purchase physical even more than before

[jkoffman]

Unless you download your iTunes movie purchases, you may no longer own them either.

Agreement: "Content may not be available for Redownload if that Content is no longer offered on our Services."

[neoz]

Yep been saying this since day one and everyone laughed at me. I mean I love digital it is great for when I am lazy, no lie. But in the end if there is a show and or movie I really love then I will always try to get the disc.

[panasonicst60]

I've been saying this for a long time that, streaming sucks! Support physical media! Don't let them take away our right to actually own a movie of our choice. Once it's gone, it'll never come back.

[panasonicst60]

Originally Posted by jkoffman

Unless you download your iTunes movie purchases, you may no longer own them either.

Agreement: "Content may not be available for Redownload if that Content is no longer offered on our Services."

I don't have Apple services so I am not sure. But other services have downloadable movies and shows too. I'm sure somewhere in the fine print you still don't own it and they can still take it away. Good luck.

[kevin87]

Originally Posted by jkoffman

Unless you download your iTunes movie purchases, you may no longer own them either.

Agreement: "Content may not be available for Redownload if that Content is no longer offered on our Services."

Unless iTunes has updated in the past few years when I haven't bought any video then even if you download the video, unless you illegally remove the DRM, it will just stop playing if they revoke the license.

This is why I don't pay for anything digital. Renting is one thing, it's cheap and it says what it is: a rental. Paying to "buy" something that's basically a long-term rental until they decide to pull it is just not something I'd ever have supported.

[CrowKiller]

Come on people... it's digital. No matter anywhere you buy digital, you'll never own it. That's why physical is so important and why people like me talk trash about digital as a form of buying/collecting movies. Those you see I have where literally all free. No way I'd pay for a digital copy. Just buy a disc and do what I do... rip your stuff to digital and make a server. Plex does pretty good for me. Pretty much my own Netflix, etc and can share my server with anyone. Some have issues but I havent had much problems. Best of both worlds. I'll still 99.9% of the time use the disc still because I dont do exact 1:1 copies (slightly lower quality) due to how much space it takes up but it's nice to have when I'm away from home or want to share a movie with a friend and dont want to let them borrow the disc.

[Steedeel]

Is this really news? Been preaching this since day one. Ownership dies with disc, whenever that is.

[Fiffy]

Originally Posted by kevin87

Unless iTunes has updated in the past few years when I haven't bought any video then even if you download the video, unless you illegally remove the DRM, it will just stop playing if they revoke the license.

Apple's Fairplay DRM cannot revoke licenses for individual movies. As long as you have an authorized computer, you can play or locally stream any downloaded iTunes file.

iTunes is AFAIK also the only service that lets you download files that you can move between devices or stream locally. Other services tie downloads to one device only.

This is why I don't pay for anything digital. Renting is one thing, it's cheap and it says what it is: a rental. Paying to "buy" something that's basically a long-term rental until they decide to pull it is just not something I'd ever have supported.

I've had digital movies for close to a decade now, and have never lost a single movie. I'm fairly certain the providers will do what they can to keep it that way, since otherwise people would stop buying and they'd kill their own business.

[SammymeBlu]

Easiest solution ever, purchase PHYSICAL media! Yours as long as you own the disc in YOUR (hands) physical presence.

[MrHT]

Nothing is future proof, not even physical media. There's no guarantee that Blu-ray players will be manufactured 10, 20 or even 30 years from now. So great that you have a physical copy, but what if you can no longer buy a player for it?

I'm not saying digital is better than physical or vice versa. I'm just saying that nothing is guaranteed to last forever.

[MrHT]

Originally Posted by Cliff

You can still buy working Betamax players, DVHS players, LaserDisc players, audio cassette players/recorders, vinyl turntables, and 8 track players with some of those formats have been dead for 30 or more years. I still have my original, unaltered DVD copy of The Devil's Advocate that I bought 22 years ago and it plays just fine.

The idea that you won't be able to find a working Blu-ray player in 20 years time is ludicrous. In fact... the only thing that would cause that to be even remotely true is the self-fulfilling prophecy of people abandoning ship on Blu-ray for the mirage that is streaming/digital ownership.

I don't know. I haven't seen a VCR in stores like PC Richards or Best Buy in a looooong time. That's actually why I had to push myself to convert my home movies.

[MrHT]

Originally Posted by Cliff

I didn't say you'd necessary be able to walk into Best Buy and buy these players brand new, but there's currently 5,300 VHS players available on eBay.

Point being, there continues to be available hardware and ways to play all these "dead" formats.

True, and I guess worse comes to worse, we can always panic buy a bunch of BD players on clearance if that day comes when the BD format is declared obsolete.

[WBMakeVMarsMovieNOW]

Originally Posted by Fiffy

I've had digital movies for close to a decade now, and have never lost a single movie. I'm fairly certain the providers will do what they can to keep it that way, since otherwise people would stop buying and they'd kill their own business.

that's what people said about music with DRM and then people lost entire giant collections, same for some phone home DRM software/games

and for movies/tv even when it hasn't disappeared they have already silently replaced the version you original had with a new version (that may lose OAR, be edited, new cut, etc. etc.)

[Fiffy]

Originally Posted by WBMakeVMarsMovieNOW

that's what people said about music with DRM and then people lost entire giant collections, same for some phone home DRM software/games

Who lost giant music collections?

and for movies/tv even when it hasn't disappeared they have already silently replaced the version you original had with a new version (that may lose OAR, be edited, new cut, etc. etc.)

I can't recall a case where a movie my library was changed to an inferior version. But even if it happened, it would be far outweighed by the many cases where I received new extras, improved masters, or free 4K upgrades.

[bhampton]

Originally Posted by Fiffy

Who lost giant music collections?
I can't recall a case where a movie my library was changed to an inferior version. But even if it happened, it would be far outweighed by the many cases where I received new extras, improved masters, or free 4K upgrades.

There was a company you could Mail cds to. They would put them in the cloud and you were supposed to be able to get your discs back eventually if you wanted but he company died and everyone lost both the discs and the cloud version.

I’ll try to find the link.

https://www.theverge.com/2019/12/13/...lection-closed

These people, they lost music collections

I like that Amazon stated this. It’s a lesson people are going to learn at some point. I tried to go with just iTunes and had problems and went right back to physical. Now I don’t care at all if any of my virtual assets are lost..

[CrowKiller]

Originally Posted by Fiffy

Who lost giant music collections?

While not music, I've lost digital stuff in the gaming world. As in they shut shit down and I can't even redownload what I bought. It can definitely happen with anything digital. Sure, maybe right now your stuff is safe, but who knows what tomorrow will bring. Whatever happens though, you have no say in it and never will. Sure discs could crap out, but most likely, if you take decent care of them, they may out last you. There's also other factors like theft or natural disasters but I wouldnt have a collection out in a crime prone area or tornado/flood alley to begin with.

It's going to be hard to not find anything that plays these discs, even for many years to come. From players to game consoles. Things can return as fads like vinyl did.

As I also mentioned, one cam also do a media server, which is the best of both words.

[bhampton]

Yeah,

The video game industry kind of set up the precedent.
They can just eliminate stuff.

This stuff happens fast. It’s just business.