U.s. judge: sell mp3 should not

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According to the U.s. district court acts on a start-up that users music left to sell, in violation of the copyright act. Although the resale of cds and other physical carriers is allowed by law, is that principle not for digital goods.

The Us start-up ReDigi allows users to their iTunes purchased music to sell. The music is sold, the software, ReDigi sure that the original on the pc, the seller is cleared. The question was whether ReDigi thus in line with the law acted. Media conglomerate Vivendi was not, and began a lawsuit. The judge is the broadly agreed with Vivendi, according to the verdict.

According to the court, sends ReDigi an illegal copy of the music on the internet; that the original is deleted, do nothing. The first sale doctrine, an important article of the Us copyright law, according to the court, does not apply. The doctrine holds that a copyright owner is only entitled to the copyright for the first sale of a work. He can sell a cd, book or dvd, not prevent it.

That doctrine applies according to the court, not for digital goods, unless they together with the device to be sold when they are downloaded. A download is sold loose, then there is no question of resale, but of making a copy, says he. That means that there is a case of copyright infringement, for which ReDigi is liable.

It is not yet known whether ReDigi damages to Vivendi must pay. The company has responded with disappointment to the ruling, but also states that the new version of its service, ReDigi 2.0, not by the judgment is affected. That version came out after the case of Vivendi started. Is not clear, however, that version 2.0 differs from the first variant. It is therefore possible that the court, ultimately, that version of the service will prohibit.