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.'"
Read Ray Beckermann's motion and enjoy! (Score:5, Interesting)
Congrats to NewYorkCountryLawyer.
Re:Read Ray Beckermann's motion and enjoy! (Score:5, Interesting)
If someone had told me, when I was 18, that one day I'd be reading court transcripts with great interest, I'd have thought he was insane.
And yet, here I am! Yet another way the world has changed, since way back then...
ReDigi have done their homework (Score:5, Interesting)
Nothing really more to say, haven't followed this one that closely, but as I read in ArsTechnica ReDigi have made sure that their system is according to (their interpretation) of the law, which is still much higher level than Megaupload.
This case also will be really interesting, because it clashes author rights to control distribution of copyrighted work and first sale doctorine. And juge seems to be sane so whatever his decision will be I will treat with respect.
enjoyable lines thus far (Score:5, Interesting)
My favorites parts so far:
(p43, lines 15-18)
Mr. Beckerman: There has to be evidence on this side and some evidence on that side. There can't be some evidence on this side and some lawyer speculating as to what he thinks may be going on.
(p44, lines 10-12)
[Beckerman continues...]
where is that evidence? There has to be some threshold for bringing a lawsuit instead of terrorizing people in the first place.
(aside, is there a Godwin equivalent to equating things with terrorizing?)
Very interesting territory (Score:5, Interesting)
The large majority of first-sale doctrine cases were about actual objects (e.g. CDs, books, Lego Playset, etc). This case is strictly about a digital object, which both exists and doesn't exist.
It exists in the fact that a storage medium (a physical object) contains it. It doesn't exist in the sense that the file cannot be handled traditionally.
I've felt that the law is severely lacking in the digital area but, in all honestly, found that it's difficult to write laws for something that can be created out of nothing. I believe in principle that I should be able to sell my MP3s if I don't want them anymore. There is obviously a market for them. But I don't see how this will work in a world where I can sell the object but still keep it at the same time.
This is not possible with tangible objects, at least not until the Star Trek replicator is invented.