" You shall be authorised to use the Product on up to five Apple authorised devices.
You shall be entitled to burn and export Products solely for personal, non-commercial use."
Burning to a DVD in a non-commercial use is considered an Apple authorized device. (If that is copy and paste, Apple should run a spell check on their EULA). Although that is taken from the UK EULA, and not the US one which is the one I discuss. Terms and conditions differ when crossing borders.
Apple, as part of their iLife suite of apps, allows the conversion and use of iTMS songs to iMovie, iPhoto, and iDVD. Each of these three apps allow burning to DVD (iMovie through iDVD).
Back to the non-commercial point. Commercial use means that you will be making a profit from the end product. If you wish to open a DVD mastering company and use iTMS tracks, then you must get the permission of the copyright holder to put that music onto a non-commercial disc. (I asked legal advice on that one, as I am currently working on opening such a place.)
If you are doing it just for the benefit of yourself/family/friends and are not making a profit off of the end product then you are allowed to include iTMS tracks into it, as well as CD import tracks, and any other legally obtained music you own the license/right to listen to. (We never own the music, otherwise we wouldn't of had to pay for each successive type of media. If we owned it, we could charge a fee to anyone using it including the artist. We would of received a brand new CD pressing to replace our LPs, 8-tracks, and cassettes.)
Answer me this: how is creating a home movie project, burning it to a DVD, and giving copies away free to friends/family a commercial use? If you take no monetary profit?
(Legally, here in the US at least, you can charge cost of materials as long as it is actual cost. Little legal loophole.)
Especially when Apple themselves allow this without any DRM circumvention at all? It is within their own software suite, built-in by them. If it was illegal to do, they would not of included this feature as the RIAA would be on them like maggots on a carcass. If they did include the feature, and it miffed the RIAA, then the RIAA would of pressured Apple into removing the feature much like Apple removed the net sharing from iTunes because of illegal sharing.
"Frankly magnatune suits me fine, just look at the T&C, want to use it as a backing track on your home movie to give to your family, ITMS, tough SH1T, Magnatune, go ahead."
Wow. The ignorance of some people still astounds me. Fact checking is a simple thing to do, but I guess spouting unfounded facts is the easiest way to make yourself look like a fool.
While the RIAA may care whether or not you use a copyrighted song in your home movie (which is open to debate), Apple does not. Apple touts the ability to bring iTMS tracks from iTunes into iPhoto, iMovie, and iDVD for use in personal projects. This means you can use that 99¢ copy of "Ooops! I Did It Again!" in your Star Wars nerd video if you wish, as long as you don't have paying public performances.
I know, I know, don't feed the trolls.
Milking iTunes for Every Penny
Milking iTunes for Every Penny