Tuesday 2 April 2013

Resale of used MP3 prohibited in the United States!!!

From now you cannot sell your used MP3! U.S. court gave a negative answer to this simple question, but the economic impacts are feared by music majors. Since from the opening day of October 2011; ReDigi angered music producers, including Emi (Universal Music). And for good reason, this site specializes in the resale of used MP3. More precisely, ReDigi allows the resale files purchased on iTunes or ReDigi, not those ripped from a CD. To do so, the seller gets rid of the file in the cloud securely in favor of a purchaser. ReDigi scans for this purpose the source hard disk to ensure that the seller is relieved. A meager checks, but feels ReDigi covered by the First Sale Doctrine. Jurisprudential theory allows not entitled to receive royalties for the first sale, not beyond. Capitol Records, a subsidiary of EMI has always considered this illegal business. It attacked ReDigi in January 2012 claiming a whopping 150,000 dollars per file. In February 2012, the U.S. court rejected a first order, however, did not give up and this time it got a favorable decision on March 30 by Judge Richard J. Sullivan. "The courts have consistently held that the duplication of music files on the Internet infringes exclusive monopoly rights holders.

To arrive at this conclusion (judgment), the court finds that the first sale doctrine does not apply in the context of digital files. When the user sells a file via ReDigi, he does not sell his file, but a duplicate of this file at ReDigi then stored in the buyer. If the First Sale Doctrine applies to the sale of a K7, a book or a vinyl record used, it cannot prevail here since there is no original sale. In other words, the owner of the songs purchased from iTunes could sell them, but only by selling its hard drive. The Amazon and Apple have filed patents in this field of resale of used files. Amazon is seeking a patent on such resale of digital files used on the internet as eBooks, music titles or other software already purchased legally in dematerialized form. The solution given in terms of copyright in the United States contradicts with that of the Court of Justice of the European Union, made this time for sale software license.

 In the famous UsedSoft stop, the Luxembourg Court held that "the principle of exhaustion of the distribution right applies not only when the holder of the copyright sells copies of its software on a physical medium (CD-ROM or DVD), but also when it distributes for download from its website. " According to the ECJ, the original purchaser of a copy of a computer program must "render useless the downloaded copy on your own computer at the time of resale. Is that the solution of the ECJ will be transposed to the world of software than music? The answer could find in the coming months.

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