Register FAQ / Rules Forum Spy Search Today's Posts Mark Forums Read
Go Back   MacRumors Forums > News and Article Discussion > MacRumors.com News Discussion

Reply
 
Thread Tools Search this Thread Display Modes
Old Apr 1, 2013, 02:26 PM   #1
MacRumors
macrumors bot
 
Join Date: Apr 2001
Court Rules Users Can't Resell Songs Bought on iTunes




A U.S. District Court judge has ruled that users cannot legally resell songs they have purchased on iTunes, reports All Things D. The case in question is a lawsuit between Capitol Records and music startup ReDigi, which wants to create a marketplace for owners of digital music to sell their libraries.

ReDigi argued that 'first-sale doctrine' should apply to digital purchases in addition to physical ones, but the court did not accept that argument. First-sale doctrine holds that individuals are able to sell their legally purchased books or CDs to other parties.
Quote:
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.
The Judge granted partial summary judgement to Capital Records, but has ordered both sides to submit a joint letter to the court by April 12, "concerning the next contemplated steps" in the case. We have uploaded Judge Richard J. Sullivan's full decision to Scribd.

Apple filed for several patents recently that suggest the company is at least considering ways for users to resell, lend or inherit digital content. The company has made no indications that it would make such a service available, however.

Article Link: Court Rules Users Can't Resell Songs Bought on iTunes
MacRumors is offline   0 Reply With Quote
Old Apr 1, 2013, 02:28 PM   #2
DesertEagle
macrumors 6502a
 
DesertEagle's Avatar
 
Join Date: Jan 2012
Location: /home @ 127.0.0.1
This sucks. Soon, one can no longer (legally) resell a CD if the record company dislikes it. Physical media or not, the content is still digital.

It better be an April Fool's joke.
DesertEagle is offline   13 Reply With Quote
Old Apr 1, 2013, 02:29 PM   #3
pgtruesdell
macrumors member
 
Join Date: Jul 2010
What a surprise...
__________________
iPad mini 4G+WiFi 64GB; 15" Retina Macbook Pro (Late 2013 w/ 2.6GHz, 16Gb, 1TB SSD) + Thunderbolt Display; Verizon iPhone 5 64g
Twitter
pgtruesdell is offline   2 Reply With Quote
Old Apr 1, 2013, 02:29 PM   #4
markfc
macrumors 6502a
 
Join Date: Sep 2006
Location: Prestatyn, Wales, UK
Send a message via ICQ to markfc Send a message via AIM to markfc Send a message via MSN to markfc Send a message via Skype™ to markfc
This is the reason I still buy physical CDs, it's usually cheaper too plus ill decide what bitrate to encode in :-)
markfc is offline   14 Reply With Quote
Old Apr 1, 2013, 02:30 PM   #5
Daremo
macrumors 68000
 
Daremo's Avatar
 
Join Date: Jul 2007
Location: Chicago
Send a message via AIM to Daremo Send a message via Skype™ to Daremo
What about ownership transfers in the result of death, or a mp3 music collection being willed to someone?
__________________
Paul
Follow me on : TWITTER
Novembers Doom
Universal iOS app : Novembers Doom : The Wayfaring Chronicles
Daremo is offline   14 Reply With Quote
Old Apr 1, 2013, 02:30 PM   #6
inlinevolvo
Banned
 
Join Date: Jul 2012
Another loss for consumers.
inlinevolvo is offline   10 Reply With Quote
Old Apr 1, 2013, 02:30 PM   #7
bdavis89
macrumors regular
 
Join Date: Sep 2009
How would you resell music anyways? What's stopping you from selling file copies? I think I don't understand..
bdavis89 is offline   9 Reply With Quote
Old Apr 1, 2013, 02:31 PM   #8
alphaod
macrumors Core
 
alphaod's Avatar
 
Join Date: Feb 2008
Location: 上海 (Shanghai)
That's disappointing… hope they still sell CDs though…
__________________
Mac Pro | iMac | Mac mini | MacBook Pro | MacBook Air | iPad | iPhone | iPod
alphaod is offline   1 Reply With Quote
Old Apr 1, 2013, 02:31 PM   #9
ChrisA
macrumors G4
 
Join Date: Jan 2006
Location: Redondo Beach, California
I wonder if this is really, in the end good or bad for the industry. For example If I buy a physical CD and I know I can sell it I might pay more for it. But knowing that a digital download will have zero resale value I'd not be willing to pay much for it.

Books too. Not just music.

Likely it hardly matters because hardly anyone resells anything.
ChrisA is offline   3 Reply With Quote
Old Apr 1, 2013, 02:31 PM   #10
applesith
macrumors 68000
 
applesith's Avatar
 
Join Date: Jun 2007
Quote:
Originally Posted by DesertEagle View Post
Soon, one can no longer (legally) resell a CD if the record company dislikes it.
How does that have anything to do with this ruling?
applesith is online now   5 Reply With Quote
Old Apr 1, 2013, 02:33 PM   #11
840quadra
Moderator
 
840quadra's Avatar
 
Join Date: Feb 2005
Location: Land of Free outdoor Freezers
My understanding was that this was clear via the license agreement we have to OK before making iTunes purchases.
840quadra is offline   0 Reply With Quote
Old Apr 1, 2013, 02:35 PM   #12
Cuban Missles
macrumors 6502
 
Join Date: Dec 2012
There certainly needs to be rules, laws, policies that take the digital world into consideration. It took a while for Apple to work things out with the record companies to create the cloud and iMatch. Before then, if you lost your hard drive it was really hard to recover your music. Now the icloud works as a backup (sortof). I understand that the record companies are worried that I can resell a song but not actually delete it off my hard drive which invalidates the first sale defense. So someone needs to step in and figure this out. There is a ton of music I would love to sell if I could.
__________________
I have a collection of Apple stickers from all my Apple product purchases - they are white (the stickers not the products)
Cuban Missles is offline   1 Reply With Quote
Old Apr 1, 2013, 02:36 PM   #13
DesertEagle
macrumors 6502a
 
DesertEagle's Avatar
 
Join Date: Jan 2012
Location: /home @ 127.0.0.1
Quote:
Originally Posted by applesith View Post
How does that have anything to do with this ruling?
It has everything to do with it. Care to tell me the difference?
DesertEagle is offline   2 Reply With Quote
Old Apr 1, 2013, 02:37 PM   #14
Avatar74
macrumors 65816
 
Avatar74's Avatar
 
Join Date: Feb 2007
Quote:
Originally Posted by 840quadra View Post
My understanding was that this was clear via the license agreement we have to OK before making iTunes purchases.
Nuh uh.... It's an automatic exemption if I'm too lazy to read the EULA.
__________________
"Nature abhors a moron." - H.L. Mencken
Avatar74 is offline   1 Reply With Quote
Old Apr 1, 2013, 02:37 PM   #15
Jimmy James
macrumors 65816
 
Join Date: Oct 2008
Quote:
Originally Posted by markfc View Post
This is the reason I still buy physical CDs, it's usually cheaper too plus ill decide what bitrate to encode in :-)
Ding ding ding.
Jimmy James is offline   3 Reply With Quote
Old Apr 1, 2013, 02:39 PM   #16
bbeagle
macrumors 65816
 
bbeagle's Avatar
 
Join Date: Oct 2010
Location: Buffalo, NY
Digital is different from physical.

Someone paints a painting and sells it to you. Can you then take a photo of it, enlarge it, and sell that? Of course not. You bought that particular copy of the painting, and cannot reproduce it. The Artist owns it.

Someone writes a book. Can you Xerox all the pages, bind them together and then sell that? Of course not. You bought that particular copy of the book, and cannot reproduce it. The author/publisher owns it.

Now, can you sell that ONE painting to someone else, and not own it yourself anymore? Can you sell that ONE book to someone else, and not own it yourself anymore? Can you lend it out? I think you should be able to.

This is where the law needs to be straightened out.

Last edited by bbeagle; Apr 1, 2013 at 02:56 PM.
bbeagle is offline   6 Reply With Quote
Old Apr 1, 2013, 02:39 PM   #17
Consultant
macrumors G5
 
Consultant's Avatar
 
Join Date: Jun 2007
Quote:
Originally Posted by DesertEagle View Post
This sucks. Soon, one can no longer (legally) resell a CD if the record company dislikes it. Physical media or not, the content is still digital.

It better be an April Fool's joke.
Nope. First sales applies to physical goods, where ownership is without a doubt.

With digital, there's no way to determine whether you are only selling a copy.
Consultant is offline   5 Reply With Quote
Old Apr 1, 2013, 02:40 PM   #18
DesertEagle
macrumors 6502a
 
DesertEagle's Avatar
 
Join Date: Jan 2012
Location: /home @ 127.0.0.1
Quote:
Originally Posted by 840quadra View Post
My understanding was that this was clear via the license agreement we have to OK before making iTunes purchases.
And as soon as the record companies write a clause on the CD-cover : "Reselling this item is stealing", then that's the way it will be. Hey, it's still your choice to buy it or not.
DesertEagle is offline   0 Reply With Quote
Old Apr 1, 2013, 02:42 PM   #19
philr5150
macrumors member
 
Join Date: Nov 2010
Location: Lincoln, NE
Quote:
Originally Posted by Daremo View Post
What about ownership transfers in the result of death, or a mp3 music collection being willed to someone?
Put your username and password in the will. Then whomever it is can just pretend to be you.

I'm saying this sarcastically, however I fear it may end up being (continuing to be) the only way.

----------

Quote:
Originally Posted by ChrisA View Post
Likely it hardly matters because hardly anyone resells anything.
Looked at Craigslist recently?
__________________
6-core AMD, 8Gb RAM, SuSE Linux. MacBookPro 13" Late 2011, Samsung S3 for telecommunications... and people, an iPod Touch, NOT an iTouch! iPad 2 for work reasons. Apple TV 2 and 3.
philr5150 is offline   4 Reply With Quote
Old Apr 1, 2013, 02:42 PM   #20
BJMRamage
macrumors 65816
 
BJMRamage's Avatar
 
Join Date: Oct 2007
Digital copies would make for odd Yard Sales or School/Church/Organization Flea Markets-Bazaars. And funny to think in 25-50 years the Purple Heart (type organizations) wont have much in the way of books or CDs or Movies.

In a way it "stinks" but in a way it makes sense...I could sell a copy but keep a copy. Unless there is a form of DRM which everyone hates.
BJMRamage is offline   1 Reply With Quote
Old Apr 1, 2013, 02:46 PM   #21
DesertEagle
macrumors 6502a
 
DesertEagle's Avatar
 
Join Date: Jan 2012
Location: /home @ 127.0.0.1
Quote:
Originally Posted by Consultant View Post
Nope. First sales applies to physical goods, where ownership is without a doubt.

With digital, there's no way to determine whether you are only selling a copy.
I can copy the contents of one CD to another CD ("clone") so that nobody will be able to tell the difference between them. This is because the CDs will have identical bit patterns. Of course it's illegal to sell the copies and I wouldn't encourage anyone to do it, but my point is that it will still be hard to determine if it's original or not. And even if I do sell the original legally, I may still have an exact copy of it for illegal use.
DesertEagle is offline   3 Reply With Quote
Old Apr 1, 2013, 02:47 PM   #22
Handsome Bacon
macrumors member
 
Join Date: Apr 2012
Location: Location: Location!
Another awesome win for corporate America!
__________________
Mid 2012 15" MacBook Pro 2.6, 240 SSD, 750GB Optibay, 16GB
i7 2600k Hackintosh OC'ed to 4.7GHZ, 32GB RAM, 256GB SSD.
iPad 4 64GB white 4G VZN 4G
iPhone 5, 64GB white
Handsome Bacon is offline   4 Reply With Quote
Old Apr 1, 2013, 02:50 PM   #23
rodriguise
macrumors member
 
Join Date: May 2011
Location: San Jose, CA
Anyone else smell the hypocrisy in this phrase?

"...particularly when Congress itself has declined to take that step."

The courts won't listen to the people, but it will listen to the most corrupt group of politicians. Sadly, this no longer ironic.
__________________
"If you gotta ask, you'll never know..."

Late 2008 MBP | iPhone 5 | Box of stale Ritz | 3 Paperclips | A Roll of duct tape | Fifth of Tullamore (neat)
rodriguise is offline   4 Reply With Quote
Old Apr 1, 2013, 02:50 PM   #24
chairguru22
macrumors 6502a
 
Join Date: May 2006
Location: PA
You guys are so gullible... it's even written on your ceiling!
__________________
24" iMac 3.06GHz Core 2 Duo 2GB 500GB 8800GS OSX 10.9
13" MacBook Pro 2.7GHz dual-core i7 4GB 500GB Intel HD Graphics 3000 OSX 10.9
iPad 2 64GB wi-fi, various iPods, iPhone 4S iOS 7.0.3
chairguru22 is offline   1 Reply With Quote
Old Apr 1, 2013, 02:55 PM   #25
Swift
macrumors 6502a
 
Join Date: Feb 2003
Location: Los Angeles
Quote:
Originally Posted by Consultant View Post
Nope. First sales applies to physical goods, where ownership is without a doubt.

With digital, there's no way to determine whether you are only selling a copy.
Well, iTunes has no DRM, but it has your apple ID encoded in it. So, there's your first sale. You can copy it, but it will always have the e-mail address of the first buyer.
Swift is offline   0 Reply With Quote

Reply
MacRumors Forums > News and Article Discussion > MacRumors.com News Discussion

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 12:39 PM.

Mac Rumors | Mac | iPhone | iPhone Game Reviews | iPhone Apps

Mobile Version | Fixed | Fluid | Fluid HD
Copyright 2002-2013, MacRumors.com, LLC