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29 Santa Clara Computer & High Tech. L. J. 703 (2012-2013)
Can Bruce Willis Leave His Itunes Collection to His Children?: Inheritability of Digital Media in the Face of Eulas

handle is hein.journals/sccj29 and id is 735 raw text is: CAN BRUCE WILLIS LEAVE HIS ITUNES COLLECTION TO HIS CHILDREN?: INHERITABILITY OF DIGITAL MEDIA IN THE FACE OF EULAS Claudine Wongf Abstract In early September, 2012, multiple news agencies reported that actor Bruce Willis was going to sue Apple for the right to pass his iTunes collection to his children upon his death. While the story ultimately proved to be false, it begs the question: Can Mr. Willis actually pass his iTunes songs, legally purchased but subject to a license agreement, to his daughters? We are increasingly acquiring digital music and e-books, copyrighted digital content with legally well-understood physical equivalents. As users pass away, their families are left to wonder if or how they can gain access to the deceased person's digital assets, a problem they do not have with old fashioned physical assets. In their traditional, print media format, music and books are protected by the first sale doctrine: when the owner passes away, his or her children can inherit that content; the children can then sell, give away, or discard the content. The publisher of the content cannot interfere with either the inheritance or the children's ultimate disposal. The purchase of digital media, however, is universally governed by an end user license agreement or EULA. The purchase also universally requires creating an account with the content provider, an account also governed by a EULA. How do these EULAs restrict Mr. Willis's ability to pass on his digital content? Can his children simply take control of his accounts, and thus have access to the content just as he did? Does the first sale doctrine apply to the digital content, thus allowing Mr. Willis to pass on his digital content, t Santa Clara University School of Law, J.D., 2012; LL.M. in Intellectual Property Law, Fall 2014 (expected). The author would like to thank Professor Richard Manso for his instruction and guidance in the writing of this paper. The author would also like to thank the Editors of the Santa Clara Computer and High Technology Law Journal for the opportunity to publish this paper. 703

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