Judge Refuses to Shut Down Online Market for Used MP3s (for now anyway)

[menotu]

By David Kravets - February 7, 2012 (wired)
 
A one-of-a-kind website enabling the online sale of pre-owned digital-music files got a major legal boost late Monday when a federal judge refused to shutter it at the request of Capitol Records.

ReDigi    which opened in October, says it’s a modern-day, used-record store that provides account holders with a platform to buy and sell used MP3s that were purchased lawfully through iTunes. The platform’s technology does not support other digital files such as those purchased from Amazon or ripped from a CD.

The brief ruling (.pdf) by U.S. District Judge Richard Sullivan of New York did not clearly outline the reason for the decision. But among other things, the legal questions before him included the first-sale doctrine, the legal theory that people in lawful possession of copyrighted material have the right to sell it.

Sullivan’s decision means that the case is still headed to trial, where Capitol will attempt to prove its allegations that ReDigi facilitates wanton copyright infringement and is not protected by the first-sale doctrine.

ohn Ossenmacher, ReDigi’s founder, blasted Capitol in a statement. “We hope Capitol can get back to their business and find a way to catch up to the times instead of trying to stop the innovation process, denying rights to their paying customers along the way,” he said.

Richard Mandel, Capitol’s attorney, said in a telephone interview that “We are confident we will prevail at trial.” Sullivan said at a hearing on Monday that Capitol had a strong “‘likelihood of success on the merits,’” Mandel said.


Full article

[parnote]

Say what??!! "Used" MP3's? 

This copyright/anti-piracy thing just gets more and more odd by the day.

[OldGuy]

Say what??!! "Used" MP3's? 

This copyright/anti-piracy thing just gets more and more odd by the day.

I just wonder, how many of our law makers use to tape off their radios before the invention of mp3 and other digital media.

Here in the US we lock up 1 out of every 100 persons.  I think the copy write stuff is just to help get the other 99 inside.

[menotu]

By David Kravets -  February 15, 2012 (wired)

MP3 Reseller Accuses Capitol Records of Sabotage

A one-of-a-kind startup enabling the online sale of pre-owned digital-music files is accusing Capitol Records of trying to sabotage its business, records obtained by Wired show.

Capitol Records and ReDigi — a months-old startup which claims to be a modern-day used record store providing the public with a platform to buy and sell used MP3s — are embroiled in a nasty copyright infringement suit in New York federal court. U.S. District Judge Richard Sullivan declined to issue an injunction that would have effectively shuttered ReDigi last week at Capitol’s request, and on Wednesday set an August trial date.

Massachusetts-based ReDigi now claims that Capitol muscled another startup, San Francisco-based music-streaming service Rdio, to promptly pull the plug on providing album art and 30-second playable song snippets for ReDigi’s site. Rdio licenses content from record labels including Capitol Records and charges users $10 a month to stream unlimited music to smartphones and computers.

ReDigi now does not display album art in its digital-music flea market, and has begun pulling in sound snippets from YouTube instead of Rdio.

“Apparently, having been denied an injunction, they have sought to use extrajudicial tactics to accomplish what they were unable to obtain in a court of law,” Ray Beckerman, ReDigi’s attorney, wrote (.pdf) Judge Sullivan last week in a letter that was not lodged in the public record but was provided to Wired.

Beckerman declined comment, as did ReDigi. Neither Capitol’s big brother, EMI, nor its attorney returned calls seeking comment. Rdio was not immediately prepared to comment

Full article/Links

[dcwbis]

ReDigi    which opened in October, says it’s a modern-day, used-record store that provides account holders with a platform to buy and sell used MP3s that were purchased lawfully through iTunes.

Is there a discount for slightly scratched mp3s???

[nok]

ReDigi    which opened in October, says it’s a modern-day, used-record store that provides account holders with a platform to buy and sell used MP3s that were purchased lawfully through iTunes.

Is there a discount for slightly scratched mp3s???

Scratched ones cost the same. Ripped ones are cheaper. 

[sammy2fish]

Say what??!! "Used" MP3's? 

This copyright/anti-piracy thing just gets more and more odd by the day.

I just wonder, how many of our law makers use to tape off their radios before the invention of mp3 and other digital media.

Here in the US we lock up 1 out of every 100 persons.  I think the copy write stuff is just to help get the other 99 inside.

Here in Canada, downloading music via torrenting, is legal...:-)

[OMSkates]

Back "in the day"  we would record vinyl or CD to cassette tape for friends.  If the music was well liked then those people would often buy their own Vinyl or CD because the sound quality was much better.  Sort of "demos through piracy".  Friends have always exchanged music this way and IMO it has rather helped the industry albeit that's not quite the same as criminal street corner bootlegs.  Legally owned software should be legal for resale and Mp3 is no different.