Legal: “Reselling Digital Goods Is Copyright Infringement, Judge Rules”
A federal judge is declaring as unlawful a one-of-a-kind website enabling the online sale of pre-owned digital music files.
ReDigi, which opened in late 2011, provides a platform to buy and sell used MP3s that were once purchased lawfully through iTunes.
The case weighed the so-called first-sale doctrine, the legal theory that people in lawful possession of copyright material have the right to resell it. U.S. District Judge Richard Sullivan, ruling in a suit brought by Vivendi’s Capitol Records, said the doctrine did not apply to digital goods.
“ReDigi vicariously infringed Capitol’s copyrights,” Sullivan said in his decision. “ReDigi exercised complete control over its website’s content, user access and sales.”
Capitol sued ReDigi in January 2012, claiming that it infringes song copyrights by allowing unauthorized copying of digital music files. Record companies have sued many online music services to prevent erosion of sales of CDs and digital songs.
“ReDigi offers a service whose very economic survival depends on the unauthorized reproduction and distribution of copyrighted sound recordings,” Capitol said in its motion for summary judgment.
About Gary Price
Gary Price (firstname.lastname@example.org) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. He earned his MLIS degree from Wayne State University in Detroit. Price has won several awards including the SLA Innovations in Technology Award and Alumnus of the Year from the Wayne St. University Library and Information Science Program. From 2006-2009 he was Director of Online Information Services at Ask.com. Gary is also the co-founder of infoDJ an innovation research consultancy supporting corporate product and business model teams with just-in-time fact and insight finding.