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Music The Courts

RIAA Doesn't Like the "Used Digital Music" Business 300

Posted by samzenpus
from the one-owner-only dept.
An anonymous reader writes "Ars Technica reports on the developing story between the RIAA and music reseller ReDigi, 'the world's first online marketplace for used digital music,' who first came online with a beta offering on October 11th, 'allowing users to sell "legally acquired digital music files" and buy them from others "at a fraction of the price currently available on iTunes.'' If the notion of selling 'used' digital content is challenged in court, we may finally receive a judicial ruling on the legality of EULAs that will overturn the previous Vernor v. Autodesk decision."
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RIAA Doesn't Like the "Used Digital Music" Business

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  • If only.... (Score:2, Informative)

    by Anonymous Coward on Tuesday November 15, 2011 @04:17PM (#38064508)

    I wish there were such a thing as used digital goods. If only someone would have thought of a way to make that work...I don't know maybe a major game retailer with their own digital distribution site/application. I don't get what the big deal is. DRM has made enough people sick of buying music, and when they do buy their "license" to the music, they can't do anything with it. People that pirate can do anything they want with their music. Wonder who's winning this fight. My solution to the problem is stop buying music. Listen to the radio, Pandora, iHeartRadio, Tunein, or whatever free service you can find. Don't buy their product and let them wallow in their own misery and try to win us back by providing a product that people actually want in a form they can use it in.

  • Re:Honor system (Score:5, Informative)

    by Pope (17780) on Tuesday November 15, 2011 @04:27PM (#38064672)

    Ever look at the fine print on an old LP? Same thing applies. You have never "owned" the music, you just have a limited playback license tied to the physical object.

  • Re:Honor system (Score:5, Informative)

    by carrier lost (222597) on Tuesday November 15, 2011 @04:31PM (#38064742) Homepage

    Like reselling a physical CD after ripping it...

    Actually, ReDigi is quite proud of their "forensic" software which authenticates tracks and rejects ones that are ripped.

    From the ARS article:

    "ReDigi says that it does this via its "forensic Verification Engine," which the service says analyzes each upload to make sure it is a legally acquired track—songs ripped from CDs are excluded. "

    In other words, ReDigi is bending over backwards to satisfy the RIAA, but of course, it's not enough.

  • Re:Honor system (Score:5, Informative)

    by Anonymous Coward on Tuesday November 15, 2011 @04:44PM (#38064938)

    That language is illegal under The Clayton Act of 1914. The Clayton Act was an anti trust act that prevents restrictions on reselling and rentals. Trying to control market of used items with an nda is illegal price fixing.

  • Re:Honor system (Score:4, Informative)

    by OldeTimeGeek (725417) on Tuesday November 15, 2011 @05:12PM (#38065498)
    yes, it wasn't difficult to copy an LP to tape, if you had an hour to spare. It could only be done in real time - and you still only had one copy. You screw up or if the tape gets munched in your player, you do it again. If you didn't want to listen to 25 minutes of silence on your C90, someone had to be there to flip the record over. And, unless you were one of those folks who played their record once to record it and never again so didn't have to worry about scratches or warps, you had to clean the record first - yes, I still have my Discwasher...
  • by Jiro (131519) on Tuesday November 15, 2011 @05:27PM (#38065760)

    The fact that you personally don't want to sell it (or trade it) is irrelevant. The fact that other people do want to do that affects the market and ultimately the price.

    Also, even if you may not want to sell your games used, you can certainly *buy* your games used. If you want a 10 year old game that's pretty much going to be the only way to get one.

  • Re:Honor system (Score:5, Informative)

    by lgw (121541) on Tuesday November 15, 2011 @06:32PM (#38066832) Journal

    The law doesn't work the way you want it to, I fear.

    They can argue that all they want, but a CD, a downloaded MP3, and a book are all identical as far as copyright law is concerned

    Wrong. "Phonorecords" are different in copyright. For example, you don't need any special licence to rent out DVDs, but you do for CDs.

    and none of those rights concern simply your personal "using" (reading, listening to, watching, etc.) of the material

    If you cannot consume the media without a copy of it being made (e.g., in the memory of the player), there's plenty of room for weasels in copyright law.

  • Re:Honor system (Score:5, Informative)

    by msauve (701917) on Tuesday November 15, 2011 @08:32PM (#38068226)

    If you cannot consume the media without a copy of it being made (e.g., in the memory of the player),

    Transitory "copies" do not violate copyright. There's case law behind that. See here [proskauer.com], for a bit of info.

    Beyond that, I'd argue that any "copying" necessary to reproduce the work as it is obviously intended to be rendered (i.e. audio and/or video playback) would be "fair use," as the work would be useless otherwise.

  • Re:[citation needed] (Score:4, Informative)

    by youn (1516637) on Tuesday November 15, 2011 @10:04PM (#38069176) Homepage

    To be fair, 118 is relatively close to 150. The song may have been copyrighted in 1935... but it was composed much earlier and children were spontaneously singing it for birthdays, even adding the lyrics "happy birthday to you"

    The fact that you can actually copyright a song that is >ALMOST 50 years old, authored by someone else is actually even more apalling

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