Appeals court denies ReDigi appeal, says music downloads can’t be resold

Appeals court denies ReDigi appeal, says downloaded music can't be resold online

ReDigi took a gamble that it could resell legally purchased song downloads, much as you would that one-hit wonder CD you bought in high school. Unfortunately for ReDigi, the odds weren’t ultimately in its favor: a Southern District of New York court has shot down ReDigi’s appeal against a Capitol Records lawsuit accusing it of copyright infringement. The court didn’t accept ReDigi’s view that first sale principles apply to strictly digital music, at least as its service implements the technology. While the startup tries to keep traders honest by making them delete originals after a resale, the process by its digital nature still involves making a copy of the track without Capitol’s permission, according to the court. We’ll have to wait to know what penalties ReDigi might pay, but there’s enough legal precedent in the case that it’s doubtful others will follow in the service’s experimental footsteps.

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Via: The Verge

Source: Santa Clara Law (PDF)

Court Rules That Reselling MP3s Online Is Illegal

Court Rules That Reselling MP3s Online Is Illegal

A Judge of the US District Court, Southern District of New York ruled that reselling MP3s online is illegal. It violates copyright. The ruling says that courts have consistently held that the unauthorized duplication of digital music files over the internet infringes a copyright owner’s exclusive right to reproduce. It also mentions that courts have not previously addressed the situation where the digital music file is being transferred unauthorized, but only one file exists before and after the transfer, whether or not that constitutes reproduction with the meaning of the Copyright Act. The court rules that it does, hence declaring that it is illegal to resell MP3s online.

The ruling results in a victory for Capitol Records which had brought a suit against ReDigi. ReDigi is a website that lets its users resell copies of their legally owned MP3s. The suit was brought last year, ReDigi wanted to have it dismissed under the “first sale” doctrine. The doctrine states that copyright on physical goods only applies for the first time it is sold to the first customer, it does not apply if it is sold by the first customer to subsequent customers. ReDigi can be in more trouble as the court is yet to award compensation to Capitol Records.

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US court to rule on digital content resales in ReDigi vs EMI case, could set a legal precedent

Complicated legal systems and copyright laws put aside, on a basic level it makes sense to think that if you were to purchase an item, it would be yours to do as you see fit which includes reselling it, right? That’s pretty much how websites such as eBay and Craigslist work where people put up second hand (and brand new) items for sale. However when it comes to digital goods, that’s when things start to get a bit complicated and a US court is set to hear a case which will determine whether digital media files can be resold which could also set a precedent for future cases. (more…)

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