ReDigi Defends Used Digital Music Market 111
NewYorkCountryLawyer writes "ReDigi has fired back, opposing Capitol Records's motion for a preliminary injunction. In his opposition declaration, ReDigi's CTO Larry Rudolph explains in detail (PDF) how the technology employed by ReDigi's used digital music marketplace effects transfer of a music file without copying, but by modifying the record locator in an 'atomic transaction,' and how it verifies that only a single instance of a unique file can enter the ReDigi cloud system. ReDigi's opposition papers also point out plaintiff's own admissions that mp3 files are not 'material objects' or 'phonorecords' under the Copyright Act, and therefore not subject to the Copyright Act's distribution right, and defend ReDigi's used digital music marketplace and cloud storage system (PDF) on a number of grounds, including the First Sale exception to the distribution right applicable to a 'particular' copy, the Essential Step exception to the distribution right applicable to a copy essential to the running of a computer program, and Fair Use space shifting."
Re:Issues such as fair use & first sale (Score:5, Informative)
Thanks for posting regarding this story, Mr. Beckerman. I've followed such stories with great interest since a friend of mine had a ridiculous situation where he licensed a movie for showing in his venue then received a C&D the date of the showing. Please be aware that some of us truly appreciate the work you do and your communication with us here.
Thank you. The support of the Slashdot community means a great deal to me. We are living in an interesting time, where 10 large, politically connected corporations -- 4 record companies and 6 motion picture companies -- are on a rampage to save their dying business models and to deflect blame from their management for allowing their businesses to die. Instead of investing in the future, and building better technology, they spend hundreds of millions of dollars on nonsensical litigation. Very sad. I look forward to the day when they have been beaten back.