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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Jeremy Corbyn's Labour conference speech shows how he's grown

The leader's confident address will have impressed even his fiercest foes. 

It is not just Jeremy Corbyn’s mandate that has been improved by his re-election. The Labour leader’s conference speech was, by some distance, the best he has delivered. He spoke with far greater confidence, clarity and energy than previously. From its self-deprecating opening onwards ("Virgin Trains assure me there are 800 empty seats") we saw a leader improved in almost every respect. 

Even Corbyn’s firecest foes will have found less to take issue with than they may have anticipated. He avoided picking a fight on Trident (unlike last year), delivered his most forceful condemnation of anti-Semitism (“an evil”) and, with the exception of the Iraq war, avoided attacks on New Labour’s record. The video which preceded his arrival, and highlighted achievements from the Blair-Brown years, was another olive branch. But deselection, which Corbyn again refused to denounce, will remain a running sore (MPs alleged that Hillsborough campaigner Sheila Coleman, who introduced Corbyn, is seeking to deselect Louise Ellman and backed the rival TUSC last May).

Corbyn is frequently charged with lacking policies. But his lengthy address contained several new ones: the removal of the cap on council borrowing (allowing an extra 60,000 houses to be built), a ban on arms sales to abusive regimes and an arts pupil premium in every primary school.

On policy, Corbyn frequently resembles Ed Miliband in his more radical moments, unrestrained by Ed Balls and other shadow cabinet members. He promised £500bn of infrastructure investment (spread over a decade with £150bn from the private sector), “a real living wage”, the renationalisation of the railways, rent controls and a ban on zero-hours contracts.

Labour’s greatest divisions are not over policy but rules, strategy and culture. Corbyn’s opponents will charge him with doing far too little to appeal to the unconverted - Conservative voters most of all. But he spoke with greater conviction than before of preparing for a general election (acknowledging that Labour faced an arithmetical “mountain”) and successfully delivered the attack lines he has often shunned.

“Even Theresa May gets it, that people want change,” he said. “That’s why she stood on the steps of Downing Street and talked about the inequalities and burning injustices in today’s Britain. She promised a country: ‘that works not for a privileged few but for every one of us’. But even if she manages to talk the talk, she can’t walk the walk. This isn’t a new government, it’s David Cameron’s government repackaged with progressive slogans but with a new harsh right-wing edge, taking the country backwards and dithering before the historic challenges of Brexit.”

After a second landslide victory, Corbyn is, for now, unassailable. Many MPs, having voted no confidence in him, will never serve on the frontbench. But an increasing number, recognising Corbyn’s immovability, speak once again of seeking to “make it work”. For all the ructions of this summer, Corbyn’s speech will have helped to persuade them that they can.

George Eaton is political editor of the New Statesman.