Court Rules Users Can't Resell Songs Bought on iTunes

Discussion in ' News Discussion' started by MacRumors, Apr 1, 2013.

  1. macrumors bot


    Apr 12, 2001

    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.
    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
  2. macrumors 6502a


    Jan 10, 2012
    /home @
    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.
  3. macrumors member


    Jul 29, 2010
  4. macrumors 6502a

    Sep 18, 2006
    Prestatyn, Wales, UK
    This is the reason I still buy physical CDs, it's usually cheaper too plus ill decide what bitrate to encode in :)
  5. macrumors 68000


    Jul 3, 2007
    What about ownership transfers in the result of death, or a mp3 music collection being willed to someone?
  6. macrumors 6502

    Jul 11, 2012
  7. macrumors regular

    Sep 10, 2009
    How would you resell music anyways? What's stopping you from selling file copies? I think I don't understand..
  8. macrumors Core


    Feb 9, 2008
    San Jose (CA)
    That's disappointing… hope they still sell CDs though…
  9. macrumors G4

    Jan 5, 2006
    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.
  10. macrumors 68020


    Jun 11, 2007
    How does that have anything to do with this ruling?
  11. Moderator


    Staff Member

    Feb 1, 2005
    Land of 10,000 Lakes
    My understanding was that this was clear via the license agreement we have to OK before making iTunes purchases. :confused:
  12. macrumors 68000

    Cuban Missles

    Dec 6, 2012
    My heart is in Camagüey, the rest in the USA
    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.
  13. macrumors 6502a


    Jan 10, 2012
    /home @
    It has everything to do with it. Care to tell me the difference?
  14. macrumors 65816


    Feb 5, 2007
    Nuh uh.... It's an automatic exemption if I'm too lazy to read the EULA. :rolleyes:
  15. macrumors 68020

    Oct 26, 2008
    Ding ding ding.
  16. bbeagle, Apr 1, 2013
    Last edited: Apr 1, 2013

    macrumors 68030


    Oct 19, 2010
    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.
  17. macrumors G5


    Jun 27, 2007
    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.
  18. macrumors 6502a


    Jan 10, 2012
    /home @
    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.
  19. macrumors regular

    Nov 9, 2010
    Lincoln, NE
    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.


    Looked at Craigslist recently?
  20. macrumors 68000


    Oct 2, 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.
  21. macrumors 6502a


    Jan 10, 2012
    /home @
    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.
  22. macrumors regular

    Handsome Bacon

    Apr 10, 2012
    Location: Location!
  23. macrumors member


    May 6, 2011
    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.
  24. macrumors 6502a

    May 31, 2006
    You guys are so gullible... it's even written on your ceiling!
  25. macrumors 65816


    Feb 18, 2003
    Los Angeles
    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.

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