Exactly. In law, it is generally considered that you cannot sign a contract or make an agreement that negates right’s you have under law. If you make such an agreement, the agreement is not enforceable. Take it to extremes, someone asks you to agree to kill them, does this then make it legal for you to kill this person, even though you may have an agreement signed by this person? Of course not. In the same way, just because you agree when downloading a song not to onsell the song, the seller cannot deny you the right to pass on the licence you own to a further party. Therefore the agreement they ask you to agree to is illegal, and negates your rights as the possessor of the licence. Put it this way, every time you are sold a licence, the sellor has one less licence available to sell ie: they have passed the licence on. Apple Tunes don’t just happen to own the copyright for all this music, and sell it as many times as they like without paying anyone anything. iTunes have to purchase the music too (even if they buy blocks of “rights” from recording companies, it’s the same thing). So I believe that if push came to shove, in court they may not be able to enforce their rights over a particular song they no longer hold the licence to (just like once you buy a cd the store you buy it from cannot dictate who you pass it onto once you have finished with it)