Bruce Willis might be suing Apple UPDATE: But he isn't.

The actor apparently wants to leave his iTunes collection to his four daughters.

The Daily Mail reports the Bruce Willis – he of Die Hard, Pulp Fiction, and, of course, "worst picture of the decade" nominated mega-flop Hudson Hawk fame – is said to be considering legal action against Apple, in order to be able to leave his iTunes collection to his daughters.

Neil Sears writes:

If he succeeds, he could benefit not just himself and his family but the millions who have purchased songs from Apple’s iTunes Store.

Willis has discovered that, like anyone who has bought music online, he does not actually own the tracks but is instead ‘borrowing’ them under a licence.

Most purchasers do not bother to read the details of the terms and conditions they agree to when buying an album but the small print makes it clear that music bought through iTunes should not be passed on to others.

At the risk of being wrong: Willis is not going to win this one.

European courts have been increasingly active in ruling that "first sale doctrine" – which states that exclusive rights to distribution are exhausted after the first sale – holds for digital goods, since a right to use a good for an unlimited period of time, when exchanged for money, is legally indistinguishable from a sale. This was most recently demonstrated when the ECJ declared in July that consumers have a right to resell downloaded software as "used".

US courts, on the other hand, have been far more inclined to treat the licenses under which digital goods are sold as legally enforceable contracts. So, for instance, MDY v Blizzard, a case in which Blizzard Entertainment, the developer of World of Warcraft, sued a manufacturer of cheating software, was found in Blizzard's favour in part because it was held that users are merely licensees, not owners, of the World of Warcraft software.

For Willis to win, he would most likely have to get the contract declared unenforceable, which would have far more wide-ranging effects than merely letting him pass music on to his daughters. For one, it would open the door to used sales of digital media, but it would also severely limit the ability of businesses to control how their digital goods are used. Whether this is a good thing or not depends on whether those businesses then change their offerings. But, as one example, would Adobe continue to sell student editions of their software if first sale doctrine allowed those students to resell the software at will?

Update

We should have known it was too good to be true. The Guardian's Charles Arthur reports that Willis' wife has denied the story, and that the Mail's reporting of it was most likely an uncredited lift from the Sunday Times. But where did the story come from? Arthur writes:

There's an article from Marketwatch, from 23 August, which bears an odd resemblance - but it has no mention of legal challenge. It's all talk about Estates and Wills.

Which brings us to a horrible pause: might it be that someone saw a mention of "Estates and Wills" and thought it was "estates and Willis"?

Erk.

Bruce Willis when he's not suing Apple. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Don't blame Brexit on working-class anger - it's more worrying than that

White voters who identified as "English not British" backed Brexit.

For those of us who believe that the referendum result in favour of Brexit is an unmitigated disaster, the nominations for culprits are open. Former Liberal Democrat leader Nick Clegg made a compelling argument in the Financial Times that the blame lies squarely with Cameron and Osborne.

Clegg, who has first-hand experience of Tory duplicity, is scarcely a neutral observer. But that does not make him wrong. No doubt the PM and the Chancellor are the proximate cause, and should be held accountable by their parliamentary constituents, their party, and by the country as a whole - or what’s left of it if Scotland goes its own way.

Yet journalists and historians alike would do well to probe deeper causes of the referendum result. One obvious culprit is the British press, who, at best, failed to scrutinise the Leave Campaign’s claims and at worst actively abetted them. The New York Times has suggested that using the EU as a punching bag has helped sell papers (or at least generate clicks) in what is probably the most challenging climate for traditional journalism in two centuries.  Boris Johnson, it seems, is irresistible clickbait for the fourth estate. And as Nick Cohen has observed on Saturday, Johnson and Gove, both politician-journalists, have elevated mendacity in politics from an occasional vice to a lifestyle choice.

The search for deeper causes of the Brexit vote, however, cannot end with the press. A different electorate could have taken a different view, as they did in Scotland, which voted 2-1 to Remain.  What was the magic sauce?

Too many commentators, especially those on the Left, have blamed working-class anger. It’s all about social class, apparently. Lisa Mckenzie nearly predicted the result on that basis. Others use it simply to criticise Tory austerity politics. Blaming class can be woven into another favourite narrative - this is about lack of educational attainment. Anyone who has lived in Britain for any period of time knows the class system, the town-and-country divide, and intergenerational wealth disparities as important features of British life. 

Another favourite culprit is racism, as the Washington Post wondered on SaturdayOthers had the same thought, and racist attacks are on the rise. Given Nigel Farage’s antics in the weeks before the election, none of this is surprising. Amidst such scary stuff, many have tried to emphasise that most Brexit voters are not racist, but rather disillusioned with the rule of metropolitan elites. Douglas Carswell is one proponent of this argument, but he’s not alone. The Economist, in an effort to avoid talking about race, asserts that this result was about age, region and class.

Still, this kind of analysis is at best naïve and at worst disingenuous. 

As Lord Ashcroft’s polls suggest, it is only the white working class (if by this we mean C2/DE, though many in DE are unemployed) who voted for Brexit. In fact, those describing themselves as "in employment" generally voted to Remain. Those describing themselves as Asian, black or Muslims overwhelmingly voted Remain. By contrast, nearly six in ten white Protestants voted to leave. 

Brexit was a rejection of British multiculturalism. That is the real take-home message of the Ashcroft polls. Of those who see themselves as "English not British", 80 per cent voted to Leave, irrespective of social class. Those who see themselves as "British not English" voted 60 per cent for Remain. Similar patterns (and similar press involvement) can be found in the Quebec referendum of 1995, which failed by a narrower margin than Brexit succeeded.

Of non-Francophone voters in Quebec, 95 per cent voted to remain in Canada. Those who voted to leave, on the other hand, were rejecting Canadian multiculturalism. Quebecois separatism was seen as part of a struggle for cultural survival.  

Whether or not you call those attitudes racist, the advent of white English (and Welsh) nationalism is, for those of us who have taught modern European history, the truly ominous consequence of Brexit. Do not be fooled by the alternatives.

Dr D’Maris Coffman is a Senior Lecturer in Economics of the Built Environment at UCL Bartlett. Before coming to UCL in 2014, she was a Fellow and Director of Studies in History at Newnham College and a holder of a Leverhulme Early Career Fellowship in the Cambridge History Faculty.