Capitol Records Motion To Enjoin ReDigi Denied

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.'"

Greedy Scum

[gweihir]

These greedy scum cannot get enough and know no bounds. At least some sanity is left in the legal system as this ruling shows.

Re:Greedy Scum

[ciderbrew]

They'll just take it as a crap judge or needing a better lawyer. I don't think they'll go away with any sort of sanity.

Re:Greedy Scum

[Anonymous Coward]

Or they will "buy" a new law...

Re:Greedy Scum

[Dunbal]

Sanity? I read it as "you're missing a few zeros on that bribe offer".

Since these are legally purchased mp3s...

[larys]

that were purchased through iTunes, it seems, according to what's written here that they are no longer left on your hard drive once you sell them: https://www.redigi.com/download.html [redigi.com] It seems you download software in order to use the reselling service and that software (presumably) clears them from your hard drive after selling them. I can understand that it works that way and yet, at the same time, what prevents people from renaming the file or putting it elsewhere in order to keep a copy and yet sell it at the same time? (I'm sure the record companies made this argument) The good thing is that this is the way it would work if you sold a used CD -- nothing stops you from ripping it before selling it, right? So there's nothing inherently different about the process.

I hope someone things of employing this in the ebook market. As of now, prices for ebooks are still wildly overpriced and without any way of reselling them, they're simply not worth it much of the time. If this were to come out for the ebook industry, it could help sales. I know personally, there are many ebooks that are just too expensive (especially when selling them later isn't an option -- a legal one anyway). This could help individuals to be able to afford the overpriced ebooks on the market by allowing them to make up some of the money by selling them later. It'll probably get just as much resistance from publishers, but good ideas are often thrust back, aren't they?

Re:ReDigi may still be liable for damages

[AmiMoJo]

So how come MegaUpload didn't get the same kind of hearing? At the very least there should have been an opportunity for them to contest the shut down of their company in a US court before New Zealand was ordered to send in the elite anti-terror police unit.

Re:Very interesting territory

[foniksonik]

The outcome if nothing else will set the value of a digital good to be a) the same as its physical counterpart (disc) or b) less than as it has no resale value.

If you can't sell that music you bought or licensed then its value should be much lower.

The oral argument

[NewYorkCountryLawyer]

If you can wade through the 66 pages of oral argument, you'll see that the judge was well informed, asked pertinent questions, and had an understanding of the ramifications of his decision. He asked an interesting string of hypotheticals about what he might be able to do with a group of BeeGees songs he'd purchased from iTunes and placed on his iPod.