View Single Post
Old 05-30-2013, 08:12 PM   #11
Elfwreck
Grand Sorcerer
Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.Elfwreck ought to be getting tired of karma fortunes by now.
 
Elfwreck's Avatar
 
Posts: 5,187
Karma: 25133758
Join Date: Nov 2008
Location: SF Bay Area, California, USA
Device: Pocketbook Touch HD3 (Past: Kobo Mini, PEZ, PRS-505, Clié)
Quote:
Originally Posted by calvin-c View Post
@Gumby, do you have a reference for that? Yes, software is considered a service-by the publisher. It's generally been considered a product by the courts though. And even a license for services can't (legally) prohibit resale although they can impose conditions (such as pre-approval of the buyer) that can effectively do the same thing.
Capitol v. ReDigi, pg 4:

Quote:
The novel question presented in this action is whether a digital music file, lawfully made and purchased, may be resold by its owner through ReDigi under the first sale doctrine. The Court determines that it cannot.
page 6:
Quote:
Because the reproduction right is necessarily implicated when a copyrighted work is embodied in a new material object, and because digital music files must be embodied in a new material object following their transfer over the Internet, the Court determines that the embodiment of a digital music file on a new hard disk is a reproduction within the meaning of the Copyright Act.
Selling the files isn't a violation of copyright. *COPYING* them is. If you want to sell digital files, make sure your first download is onto a portable drive, and sell the hardware along with the contents.
Elfwreck is offline   Reply With Quote