Reselling of iTunes still illegal, after a new court ruling

[RaduTyrsina]

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If in a surge of curiosity, you have downloaded a song from iTunes, but ended up hating it, you might want to re-sell it in order to get your money back. It turns out you might be performing illegal activities.

This week, a U.S. District Court judge has ruled that users who purchase songs from the iTunes music service are prohibited to resell them. The ruling in question can be considered collateral damage in the Capitol Records – ReDigi trial.

ReDigi is a startup which wants to create a place where music lovers who have abandoned rock in favor of jazz, let’s say, have the possibility of cashing out their previous playlists. This makes sense, since when you buy a CD or a DVD, it’s considered perfectly legal to re-sell it to individuals or in second hand shops.

However, US District Judge Richard Sullivan didn’t see this as a fit argument. He sided with Universal Music Group Capitol Records, explaining that unless the reseller can get the copyright owner’s agreement to resell the media, he is performing an illegal operation. The court ruling said:​​

“However, here, the Court cannot of its own accord condone the wholesale application of the first sale defense to the digital sphere, particularly when Congress itself has declined to take that step. Accordingly, and for the reasons stated above, the Court GRANTS Capitol's motion for summary judgment on its claims for ReDigi's direct, contributory, and vicarious infringement of its distribution and reproduction rights. The Court also DENIES ReDigi's motion in its entirety.”

Tthere might still be hope. Sullivan’s ruling is for the moment a partial one and both companies were ordered to come back on April the 12th to receive further instructions.

Source: AllThingsD

 

[scifan57]

What we need, then is for the recording industry to agree to the re-sale of digital music, such as iTunes purchases.