ReDigi has filed a response to the EMI lawsuit seeking to prevent the company from reselling “used” digital music files, Ars Technica reports. In EMI’s suit, it accuses ReDigi of making illegal copies as part of the process of selling this music. In the response, the company claims that any copying that does take place is either fair use or covered by a section of the copyright code that permits copying in situations where it is an “essential step” to making fair use of digital content (such as copying an MP3 into computer memory in order to play it).
It’s shaping up to be a pretty interesting case, and if it makes it to the Supreme Court it could set some important precedents concerning how digital content (including e-books) is permitted to be used and sold. I expect ReDigi to lose the first round, however, given that lower-level courts tend to be more conservative in how they apply the law, leaving it up to appellate courts to make the really tough decisions.