RIAA: Wipe your iPods of music before selling on eBay

Discussion in 'MacBytes.com News Discussion' started by MacBytes, Feb 17, 2006.

  1. macrumors bot

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    #1

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    Category: Tunes
    Link: RIAA: Wipe your iPods of music before selling on eBay
    Description:: According to the RIAA, the sellers of all those iPods we’ve seen popping up on eBay and Craiglist, pre-loaded with the user’s complete music libraries in many cases, are opening themselves up to a slew of potential lawsuits by the Recording Industry Association of America.

    Posted on MacBytes.com
    Approved by Mudbug
     
  2. macrumors 65816

    BurtonCCC

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    #2
    Wow. I almost did that a few months ago.

    Daniel.
     
  3. macrumors 68040

    dornoforpyros

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    Calgary, AB
    #3
    umm duh....
     
  4. macrumors regular

    Gravity

    Joined:
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    Location:
    Chicago
    #4
    So what would they do? Buy iPods at random to see if someone left their music on there? Or just look for people who try to drive up the price of their iPods by including the music and advertising it?
     
  5. macrumors member

    Joined:
    Jan 2, 2005
    #5
    can't you resell a song legally like you can resell a cd...? The only catch would be if you sold your library of music on ebay, you would have to give up the rights to the cds they were ripped from? So doesn't that mean that selling ipods with songs IS legal in SOME cases?
     
  6. Guest

    iGary

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    Randy's House
    #6
    These people are unreal.

    Go concentrate on developing better artists rather than stalking around on fracking Ebay and Craigs List for Christ sake.

    Worse than politicians.
     
  7. macrumors 68030

    Benjamindaines

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    #7
    I agree, now those arses are trying to make it un-lawful to rip your music that you PAID for to your iPod.
     
  8. macrumors 6502

    Joined:
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    Location:
    Boston, MA
    #8
    If I recall, the RIAA (as well as video game publishers) considers selling used CDs/games somewhat of a grey area. They don't really like it.

    I've got no problems with selling a CD, I think you should have the ability to do that (provided you haven't made a copy for yourself first.) But I do agree, unless you're giving up all those songs, or sending the CDs with the iPod, you shouldn't be able to send them along with it. Especially since most of the 1000+ songs most people are selling along with their iPods have probably been downloaded via P2P.

    I dislike the RIAA as much as the next guy, but this is valid, IMO
     
  9. macrumors 68020

    miloblithe

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    #9
    And especially valid if you use the free songs as a selling point for the iPod. That should not be legal.
     
  10. macrumors 604

    zap2

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    #10

    That a real bold statment, and its wrong
     
  11. macrumors G3

    iMeowbot

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    #11
    It's legal to resell the original CDs if you destroy all copies. That right is called the first sale principle.

    DRM'd downloads run into resale problems because of DMCA. The tracks are useless without the keys, and no one is selling transferrable keys.

    It's technically infringement to sell a preloaded iPod even if the original CDs are included, but that combination will generally be overlooked because the purchaser will have the right to load them on there anyway.
     
  12. macrumors 68020

    combatcolin

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    Northants, UK
    #12
    Big difference between eBay and the real world.

    I have had someone intrested in my old iPod, but only if the music is kept on.
     
  13. macrumors 68040

    Sdashiki

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    #13
    There is a very simple solution to this that can also be used in cases of selling a computer/laptop with loaded software or even a modded gaming device with games loaded.

    Solution:

    you are selling an item you no longer can "format", or erase" in anyway. And you had "blah blah and blah" on the HD before you turned it off for the last time.

    Not your fault your stuff is still on it. You CANT erase it.

    So in essence, "you win".

    Some might say this is "down right dirty and nasty pirate stuff", and others say its a way to pass the goods easily.

    Whats your take?
     
  14. macrumors 65816

    plinkoman

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    New York
    #14
    if the RIAA is so worried about loosing money, maybe they should stop spending it all on all this anti-piracy bulls**t :rolleyes:

    though i suppose this isn't too big a deal, its them saying i can't rip a legally purchased cd onto an iPod that gets me...
     
  15. macrumors 601

    Yvan256

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    #15
    As much as I dislike the RIAA myself, I have to agree. It's no different then try to up the price of a used Mac by "including" the lastest versions of iLife, iWork, Logic Pro, Final Cut Pro, etc... that you've downloaded or kept your copy of it.
     
  16. macrumors 68040

    Sdashiki

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    #16
    see my post above. #13
     
  17. macrumors G3

    iMeowbot

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    #17
    Yeah, we saw it. Adding a fraudulent representation of the goods you are selling isn't going to help you if you get busted.
     
  18. macrumors 601

    Yvan256

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    #18
    Well, if you can't erase or format your device, then it's broken and you shouldn't be selling it at all (or with a big "non-working" label on it).

    If I were a judge (which I'm not), that's what I'd ask.
     
  19. macrumors 68040

    Sdashiki

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    #19
    Well no it works like this:

    I used this item up until the day I unplugged it boxed it up. I forgot to format it and dont want to open the box again since it took so long to seal the box so nicely.

    I just sold my mac and kept the HD to put into the new one I was going to buy, now I realize I am moving and have no need for a fullsize computer, and will be switching to a laptop. So I am selling my HD, I have no way to format it though without a computer!

    Point is, there are so many ways to get "around" this, that its a moot point. And only those who care so much about this to "not get involved" because its immoral or something, are ones who wouldnt buy the item.
     
  20. macrumors G3

    iMeowbot

    Joined:
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    #20
    Seriously, it doesn't matter how sad of a story you come up with, you can't legally sell it with the stuff on there because you don't have a clear title to the goods. It's just like a house or car with liens on it.
     
  21. macrumors regular

    BOOMBA

    Joined:
    Dec 27, 2001
    #21
    Sdashiki, that is retarded. With that logic, I could list a CD-RW on eBay full of child pornography, and say to the FBI, "you can't bust me for distributing child pornography! I was just selling a CD-RW, and I had no way to erase it!"
     
  22. macrumors 65816

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    mi
    #22
    I think the bigger problem is that with everything the RIAA is trying to 'win', they're making people so mad at them, that it no longer matters if what they're asking for is right - people are so pissed at them that they'll do it out of spite.

    Point in case - selling an iPod loaded with 4000 songs, while keeping a copy of each song (and the cd's, likely) for yourself. It is wrong. But so many people have become so anti-RIAA, that they don't care what it is that the RIAA is saying, they'll go against it.

    *sigh*

    They're shooting themselves in the foot.
     
  23. macrumors regular

    BOOMBA

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    #23
    not that I would do that.

    :eek:
     
  24. macrumors 68040

    Sdashiki

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    #24
    well no you are not using my logic.

    i said there are good explanations for not wiping a Hard Disk Drive, not optical media.

    This is an apples/oranges case where you cant just simply use MY words for YOUR purposes. They only work because I said they do, it was a simple story nothing more or less. I didnt think to add in addendums for child porn, because it had nothing to do with what we are talking about.

    if you have a moral problem with buying "pirated" stuff, dont buy it.

    I gave a solution to those who dont have a problem and just want to sell their crap.

    Do I think charging more for something cuz it has software/music/games on it? NO! But no one can stop bidders/buyers from paying more because you tell them it has stuff on it.
     
  25. macrumors 601

    Yvan256

    Joined:
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    Canada
    #25
    I think you meant CD-R, but we get the idea...

    "I swear officer, all I'm selling is these plastic bags! It's not my fault there's drugs in them! The bags are sealed, I can't do anything about it!" :rolleyes:

    A good explanation doesn't equal to a legal right. Selling a HD with non-license (and non-freeware) software on it is illegal.

    Are you driving around with a car with no license plate and no driver's license? Yeah, I'd like to see such a thing hold in court...

    "But, your honor, I don't have the money for the license plate and the driver's license!" :rolleyes:
     

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