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NEWS: U.S. Judge Rules Against Digital Music Resales




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Kougeru



Joined: 13 May 2008
Posts: 5590
PostPosted: Thu Apr 04, 2013 1:10 pm Reply with quote
They should then be forced change the label on the button you press. Instead of "Buy this song" or whatever, it should be "Rent this" or "License this".
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mgosdin



Joined: 17 Jul 2011
Posts: 1302
Location: Kissimmee, Florida, USA
PostPosted: Thu Apr 04, 2013 1:16 pm Reply with quote
Like most missteps of this kind it will work it's way up in the courts until it gets corrected.

Mark Gosdin
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050795



Joined: 27 Mar 2009
Posts: 230
PostPosted: Thu Apr 04, 2013 2:05 pm Reply with quote
People sale used digital music? This seems a little silly to me but whatever (I mean it's not like it's that much to buy a new mp3 or anything).
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Goggen



Joined: 08 Feb 2011
Posts: 88
PostPosted: Thu Apr 04, 2013 2:55 pm Reply with quote
The real question here is; who in their right mind would want to pay money for a "used" mp3 file??
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yamiangie



Joined: 03 Mar 2010
Posts: 465
PostPosted: Thu Apr 04, 2013 11:49 pm Reply with quote
I sort of get this because it's data and there's really no such thing as "used" with bits of code. But really Amazon has looked into reselling digital media. God I really hope this gets killed in other areas because I hate their secondary market for physical stuff most of the time.
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Polycell



Joined: 16 Jan 2012
Posts: 4623
PostPosted: Fri Apr 05, 2013 1:37 pm Reply with quote
Goggen wrote:
The real question here is; who in their right mind would want to pay money for a "used" mp3 file??
It's as good as new, so there's little reason not to. Unlike, say, used houses that people shell out boatloads for.
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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Fri Apr 05, 2013 2:29 pm Reply with quote
From the article:
Quote:
The judge stated "the first-sale defense is limited to material items, like records, that the copyright owner put into the stream of commerce."

The definition of a "work" in US copyright law requires that it be "fixed in a medium."
Quote:
A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission. (17 USC 101)

The notion of whether digital files constitute "works" under the statute has arisen before. Browsers nearly always make copies of works in local storage, a process which could be viewed as infringing. That process was exempted because it was ruled as a required aspect of viewing a site. Similarly the copyright status of computer programs loaded into memory has been a subject of litigation.

I, for one, think a computer file on a storage medium like a disk drive or memory card is "fixed," but the judge in this case apparently disagrees. He may simply have a rather old-fashioned view, or he might be reluctant to make new law in this area. I haven't followed the precedents in this area, nor have I read his decision, but this is a complex issue that should not be summarily dismissed as commentators on sites like this one often do.
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RoverTX



Joined: 17 Dec 2008
Posts: 424
PostPosted: Fri Apr 05, 2013 6:47 pm Reply with quote
<rant>What a god awful ruling. It scares me that there are judges that can't seem to grasp that the internet is a real thing and the rule of law should apply equally. I mean for gods sake its like they have never used a computer.</rant>
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guildmaster



Joined: 17 Dec 2012
Posts: 364
Location: Hot & Humid FL
PostPosted: Sat Apr 06, 2013 11:49 am Reply with quote
Kougeru wrote:
They should then be forced change the label on the button you press. Instead of "Buy this song" or whatever, it should be "Rent this" or "License this".


You are licensing it, or did you not read the fine print?

I'm in agreement with the judge's ruling, but i can't stand amazon or apple and their DRM BS either...
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