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Chris Wysocki
Caldwell, NJ
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Tuesday, 02 April 2013
Judge nixes resale of downloaded digital content
If you buy a CD, or a DVD, or a book you can offload it a garage sale whenever you're done with it. But according to a District Court judge, iTunes downloads are yours forever.
Capitol Records has won a court ruling against a store that sells "used" digital song files.
ReDigi infringed Capitol's copyright by allowing users to buy and sell tracks originally bought on Apple's iTunes store, said District Judge Richard Sullivan. The decision is a set-back to the idea of a used digital marketplace, similar to that for physical goods like CDs or books.
The service, which started in October 2011, allows people to buy and sell tracks for as little as $0.49 and takes a cut from each sale. The site says it gives 20 percent from each sale back to the original artist.
It also monitors its users computers to ensure they have not kept hold of any songs they have sold on.
But Judge Sullivan ruled that ReDigi "infringes Capitol's reproduction rights" because, crucially, a new unauthorized copy of the file is made when a sale takes place.
ReDigi denies that claim and instead says it "migrates" the same file between users.
Our copyright laws suck. That new "unauthorized" copy nonsense is a distinction without a difference. Otherwise you'd have to buy a new "copy" of every song whenever you switched to a new iPod or iPhone.
The company's planned roll-out to Europe now looks to be in serious doubt after some scathing comments. The Manhattan judge labelled its business model "fundamentally flawed" and said the "first sale" principle, which lets people sell on copyrighted works, does not yet apply to the digital world.
If this ruling stands, the repudiation of "first sale" doctrine within the digital world is a huge blow to property rights. You may have bought a copy of that song, but you don't really own it. You're merely renting. Nevermind that it's the same price as a physical copy (a fact that is especially true for digital books).
Did I mention that
our copyright laws suck?
Posted at 11:38 by Chris Wysocki
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