EMI start legal proceedings against the provider of ‘second-hand’ music files

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Music label EMI has the startup ReDigi sued. According to EMI, sells the company unlawfully ‘second-hand’ music via his website. ReDigi says to turn entirely legal to operate.

ReDigi runs since October 2011 a website in which internet users mp3 files can trade. A seller must, before a mp3 in the shop will face first a proprietary validatietool of ReDigi to download. The ReDigi Music Manager software will scan a music library and can, according to the company, to check which mp3 files legally purchased from iTunes and thus eligible for sale.

If the internet user is a track wants to sell, it is sent to the servers of ReDigi and deleted on the hard disk of the user. Also, the software would have to prevent that the mp3 file is replaced by continuous storage in the background to scan. If a seller refuses to purchase standing track to clear, than would be ReDigi account may be blocked, reports the BBC.

EMI has in the United States, filed a lawsuit against ReDigi. According to the record company are ‘used’ mp3 files are not comparable with books and cds, partly because not with certainty can be determined that the seller is not a copy of a sold track. In addition, a comparison with a record store with used cd’s not to be merged, because they are no copies would be creating to purchase standing work. EMI is claiming $ 150,000 in damages for each music track out of his catalog that ReDigi is offered for sale.

The lawyers at ReDigi say that the service is fully legally operates under the existing fair use rules, and to provide consumers with the opportunity to purchased music files by to sell. The startup gets support from Google. The search giant has in the matter, in writing, declared that the outcome of the lawsuit will also affect companies like Google.

In Europe would have a website if ReDigi supposedly can operate legally. In July, the European Court of Justice that users of both physical software as downloads can resell as long as the seller of the software of its own system, removes.