Capitol Records Motion To Enjoin ReDigi Denied 103
NewYorkCountryLawyer writes "The motion by Capitol Records for a preliminary injunction against used digital music marketplace ReDigi has been denied. After hearing almost two hours of oral argument by attorneys for both sides, Judge Richard J. Sullivan ruled from the bench (PDF), holding that plaintiff had failed to show 'irreparable harm.'"
ReDigi may still be liable for damages (Score:5, Informative)
Denying a preliminary injunction is not the same thing as saying ReDigi don't infringe on copyright. All the judge is saying is that this does not cause irreparable harm. That is: He believes any harm done can be repaired by ReDigi paying damages after the trial, so there's no need to shut them down now.
Re:Greedy Scum (Score:5, Informative)
What happened is the judge decided that "if the plaintiff keeps doing what they're doing, they are not doing so much damage that they will send Capitol Records into bankruptcy." This ruling only means they won't be taken down today.
If Redigi loses the case, though, the judge will still hold them liable for any actions for the entire time they've been operating.
It's a good sign for Redigi that the judge doesn't think the damages are so astronomically high that they would bankrupt Capitol. But it says nothing about the potential outcome of the suit.