Abstract

     Each sale of an iTunes track means that a copy of music has been distributed that cannot be legally resold, edited, excerpted, or otherwise sampled by that user. This scenario has been repeated over 2.5 billion times since the inception of the iTunes Music Store. Much like software sales, consumers are now purchasing licenses to “access” the work instead of the content, given that access to these works is controlled by Digital Rights Management (DRM) schemes bolstered by the Digital Millennium Copyright Act (DMCA). In enacting §1201(a) of the DMCA, Congress effectively created an additional exclusive right for content providers: controlling access to a work.