Defintion of "terms and use"

Question

I have posted a question in regards to this matter before so iam well aware that it is similar to that question.
In the "terms of use" it states that
""Itunes files must be used for personal, non commercial purposes and not for redistribution.......""
I was told by certain customer support assistants when i contacted them by phone that they were very sure that itunes files are able to be played, in the situation that i will be using them for, DJing to a live audience, and that in the terms of use "Non commercial" means that the files must not be copied and sold????
This is the defintion of what commecial means, having profit as a chief aim by selling something. Iam certainly not selling the files and have no illegal intentions to make profit from the files. I pay my fee and am using the files personally for my own personal reasons, without sharing the files or copying them for other peoples personal use. I am gaining a profit if I am DJing to a live audience but this is getting paid for work, there is no direct relation to profit and commercial profit from the files.
I am using my ability to play the files through, bought brand name equipment, for other peoples enjoyment. The copyright owners are taken care of by the fee i pay on tunes and all other issues by the liscence that the venue (club/pub) holds. If i am not aloud it would be rediculous as there is no commercial profit being made by me through the files. It is stricly work and how i make my money. The record companys have the permission of the copyright owner, Itunes pays royalties to the record company to pass on the to original copyright owner, then itunes music files are completely legal and can be used for non commercial purposes. IE not selling the files for commercial profit so there for what iam doing is legal!?
*QUOTE*
Terms of service in australia
Usage
You shall be authorised to use the Products only for personal, noncommercial use, , and not for redistribution, transfer, assignment or sublicence, to the extent permitted by law.
*UNQUOTE*
I have been told otherwise on this discussion board but i cannot find any definitive explaination that indicates that i cannot use itunes files for the reason that iam wanting to!!!??

Answer 1

cheers,
That all sounds well and good and i feel the same as you but it is such a fine line i really would like a definite answer to it,
I guess my questions are this, is it classed as using itunes music files for commercial purposes if you are DJing with them???? And is it legal to play Itunes files as a DJ??? ( assuming that iam playing at a venue/club/pub with the relevant liscence)
I would like something concrete, i would hate to go through all this then find that a simple missinterpretation of the word "NON COMMERCIAL" leads to me commiting illegal use of itunes files.
Also it says in the "australian copyright laws" that digital download sites such as itunes etc are legal places to download music,and you are aloud to play the files as a DJ as long as you obtain the relevant liscence. They also go onto say that the issue is subject to the "terms of use" of the website hosting the music files!!!! Therefor the issue lays in the Itunes "terms of use" policy!!!? And also lyes in teh word "NON COMMERCIAL"????
Thnaks in advance....