NewYorkCountryLawyer writes: "Google has sought leave to submit an amicus curiae brief against Capitol Records' preliminary injunction motion in Capitol Records v. ReDigi. In their letter seeking pre-motion conference or permission to file (PDF) Google argued that "[t]he continued vitality of the cloud computing industry—which constituted an estimated $41 billion dollar global market in 2010—depends in large part on a few key legal principles that the preliminary injunction motion implicates." Among them, Google argued, is the fact that mp3 files either are not "material objects" and therefore not subject to the distribution right articulated in 17 USC 106(3) for "copies and phonorecords", or they are "material objects" and therefore subject to the "first sale" exception to the distribution right articulated in 17 USC 109, but they can't be — as Capitol Records contends — material objects under one and not the other."
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