Patently interesting developments in the ReDigi case. Digital re-seller loses round one. Whilst Kirtsaeng v John Wiley & Sons grabbed all the 'first sale' headlines last week, its not proved quite so useful this week.
In a case brought by CapitolRecords against digital re-seller ReDigi, U.S. District Judge Richard Sullivan in Manhattan has ruled that the 'first sale' doctrine does not apply to digital goods, in a decision which might also come as a blow to comes to other online retailers such as Amazon and Apple who have been developing platforms to re-sell used digital goods such as books, music, videos and apps. ReDigi to launch in Europe: what's the legal regulation of second-hand digital files? Last summer the Court of Justice of the European Union (CJEU) issued its controversial decision in Case C-128/11 UsedSoft (IPKat report here; The1709 Blog analysis here and here), ruling that: · The right of distribution of a copy of a computer program is exhausted if the copyright holder who has authorised, even free of charge, the downloading of that copy from the internet onto a data carrier has also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he is the proprietor, a right to use that copy for an unlimited period; The business model of ReDigi, which was launched in 2011, is based on the possibility for users to sell their own music library and/or buy pre-owned music.
ReDigi takes a small cut from every transaction made on its site. Songs sell for an average of about 60 cents, compared with a typical 99 cents on iTunes. ReDigi and the Purpose of First Sale. « Hammer the last nail on the donkey | Main | Studying State Law » Wednesday, February 08, 2012 ReDigi and the Purpose of First Sale For now, at least, ReDigi lives.
Judge Sullivan denied the preliminary injunction, but according to the transcript, on irreparable harm grounds rather than a lack of likelihood of success on the merits. The case is set for rapid progress towards trial, quite possibly on stipulated facts. I'd like to take up one of the central questions in the case: first sale. Conservation of copies: Copyright is fundamentally copy-right: the ability to prevent unauthorized copying. What I love about this case is that it pushes and pulls our intuitions about copyright in so many different directions.
Copyright exhaustion in the US: what the Kirtsaeng and ReDigi decisions tell us about the future of the first sale doctrine and secondary markets for copyrighted goods. SERRA_Resale. Judge rules digital music cannot be sold 'second hand' 2 April 2013 Last updated at 07:51 ET ReDigi lets users upload their music to a cloud storage service - before selling it on A company which allowed customers to resell their digital music "second hand" breached copyright, a US judge has ruled. Capitol Records v. Redigi. Not Allowed - Bad Crawler. Redigi: Principles of Oracle and UsedSoft ruling apply to resale of second hand MP3s, says expert. Cloud storage provider Redigi sells second hand tracks that users have legally downloaded from Apple's iTunes service.
The company is being sued in a US district court by EMI over claims that it is infringing the record company's copyrights. Hearings in the US trial began on Friday. However, intellectual property law specialist Iain Connor of Pinsent Masons, the law firm behind Out-Law.com, said that Redigi could point to recent findings by the European Court of Justice (ECJ) in order to support its case if the issue were before the UK courts. Redigi's ability to defend itself in a UK hearing would rest on whether it could prove that those selling second hand tracks through its service had not made copies of the music they are selling, Connor said. Legal: “Reselling Digital Goods Is Copyright Infringement, Judge Rules” Selling Used Digital Files: A Setback, But Not the End of the Story. Mary Minow Libraries and Friends groups interested in reselling or giving away used ebooks or other digital content files (or purchasing them) may be a little more cautious after the March 30 court decision, Capitol Records v.
ReDigi Inc., issued by District Judge Richard J. Resell MP3s, no copyright infringement? ReDigi ‘copy-less’ digital transactions patent - ReDigi Newsroom. Music Fans Aren't Owners? Court Finds Redigi Music Resale Service Infringes Copyright. In a blow to the future of the first sale doctrine — the law that protects your ability to lend, sell, or give away your copy of books, music and other copyrighted works — a federal court held today that the Redigi music service, which allows music fans to store and resell music they buy from iTunes, violates copyright law.
According to the court, when it comes to music, you may have bought it, but you don't own it, at least if the "it" is an mp3 file rather than a CD. What is particularly frustrating is that Redigi went out of its way to prevent actual harm to any copyright owner. Here’s how the service works: customers download Redigi software and designate files they want to resell.
Redigi's software checks to make sure the files came from iTunes (so it knows they were lawfully purchased), pulls the data files from the reseller's computer to cloud storage, and deletes them from the reseller’s hard drive. Welcome to Forbes. Capitol Records Prevails in ReDigi Case. Posted by Bill Rosenblatt in Law, Music, United States.
Trackback A federal court in New York City handed down summary judgment against ReDigi over the weekend in its legal fight with Capitol Records. In his ruling , Judge Richard Sullivan found the digital resale service liable for primary and secondary copyright infringement. He rejected ReDigi’s arguments that its service, which enables users to resell music tracks purchased on iTunes, is legal under the doctrines of fair use and first sale. Capitol Records v. Redigi. Tal.CopyrightX.FlowChart.Infringement.Visual.