Losing songs on eMusic: Are record companies reneging on contract?

Factual Questions
1

I’ve been a member of eMusic for a long time, and even before the pay per song days it has always been understood that if you misplace, lose, or just simply feel like getting another copy of a downloaded file, the company keeps a record of your downloads and you a can re-download them for free and with no deduction from your monthly limit.

How does this work when a record label having agreed to this contract many years ago is purchased by a media conglomerate? eMusic subscribers have an established, contractual right to continue downloading the songs.

I can understand that eMusic could refuse to release certain NEW records after the agreement, but how can the new owner violate the terms of the EXISTING contract under which the Music downloads were sold by to a person who paid legitimately for the right to download the music?

2

I don’t know anything about emusic, so a few thoughts:

  • Although you didn’t mention it, I assume that you have actually noticed or heard of cases where music from a label that has been bought out disappears from emusic and the people who have bought it cannot re-download. There’s an assumption in your post that the media conglomerates ARE violating the terms of your understanding.

  • An understanding is not always the same as a legal contract. Have you read all the fine print of eMusic’s terms of service and the fine print of your purchases? Did you REALLY buy the right to re-download in perpetuity, (or as long as the eMusic site itself is still running,) or is that a service to which any restrictions or loopholes apply at the discretion of the copyright holder?

  • Even if the music conglomerates don’t have a legal leg to stand on, they might have been able to bully eMusic into pulling ‘their’ tracks through various tactics, such as the threat of extended nuisance lawsuits, which eMusic probably doesn’t have the budget to put up with.
    I believe that it is an established principle that if one company acquires another’s assets, they also inherit any contractual obligations pertaining to those assets. Can a board lawyer corroborate?