04-02-2013, 07:18 AM | #1 | |
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US Judge rules against 2nd-hand digital music sales
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http://www.bbc.co.uk/news/technology-22000668 |
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04-02-2013, 08:45 AM | #2 |
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Hmm interesting - thanks HarryT. Looks like years of fun ahead for all of us while we navigate this complex digital world.
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04-02-2013, 09:14 AM | #3 |
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Very interesting. Since every "transfer" of a computer file is actually the making of a copy, it seems as though that would be an impermissible reproduction under U.S. copyright law. This case would also seem to close the door in the U.S. on first sale doctrine for digital goods fairly completely.
Last edited by Ninjalawyer; 04-02-2013 at 09:23 AM. |
04-02-2013, 09:16 AM | #4 |
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First of all, I literally LOLed at the judge calling mp3 files "phonorecords" Hilarious! But even though that word touches off "old, out-of-touch, clueless judge" alarm bells, the rationale behind the decision seemed pretty sound.
I'd love to be able to resell digital content I no longer want, and maybe get "used" stuff at a discount, especially ebooks, since I'm not much of a re-reader. Music is different in that interest in a certain album could be rekindled at any time, therefore I wouldn't have much interest in selling any of my mp3 collection. Personal desires aside, it's tough to argue with the judge's decision in terms of the potential for abuse in reselling digital content. With Redigi there just seem to be too many loopholes that any unscrupulous, reasonably savvy computer user could probably take advantage of (I'm basing that on guesswork based on the description in the article). Then again, anyone can rip all their CDs and then sell them, so what's the difference really? I'm still hoping to sell back my Kindle books at some point, but I'm not holding my breath. |
04-02-2013, 09:22 AM | #5 | |
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Quote:
If anyone is interested, Techdirt has additional commentary and the full court decision here. |
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04-02-2013, 09:39 AM | #6 | ||
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04-02-2013, 09:55 AM | #7 |
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Intellectual property rights is a difficult issue for our culture. You've got to find a way to compensate the producer of intellectual property or there will be no incentive to produce it.
But the idea of copyrighting an idea has been an anethema to us. Books, music, photography, movies are all created with ideas as the raw material, so their status as property gets blurry. But we have always considered them 'property'. When you add modern digital technology into the mix with it's EASY capability for copying stuff created from that intellectual raw material, it is obvious that problems will arise. Like most conflicts, the solutions that will likely best suit humanity in the long run will probably least satisfy both the producers and consumers of this stuff. Both will likely see the resolution as the end of the world! Whether you are a producer or a consumer, be prepared to be outraged! |
04-02-2013, 10:48 AM | #8 |
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Which is precisely the reason that "an idea" cannot be copyrighted. You can only copyright a concrete expression of that idea, whether it be in the form of a rap song, a symphony, an oil painting, or a book. It doesn't prevent anybody else from having the same idea, as long as they express it in a different form to yours.
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04-02-2013, 11:03 AM | #9 | |
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Quote:
My initial reaction was to agree with the decision in regards to Redigi specifically, but the more I think about it, if this is going to set a bad precedent to the effect that first sale doctrine is out the window for all digital products, then I'm not in favor if it. |
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04-02-2013, 11:48 AM | #10 | |
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04-02-2013, 11:52 AM | #11 | |
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04-02-2013, 01:11 PM | #12 | |
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04-02-2013, 01:26 PM | #13 | |
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04-02-2013, 01:35 PM | #14 |
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Certainly you can patent ideas, provided they are something concrete, such as a device or a process, but this case was about copyright law, which is something entirely different. There's a very good reason why a patent only lasts a short time!
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04-02-2013, 02:18 PM | #15 |
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The word "phonorecords" comes from the Act, not the Judge.
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