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Posts tagged first sale

ReDigi awarded patent on digital resale ‘without making a copy’
January 29, 2014 | 7:00 am

Yesterday I received a press release from ReDigi, the company trying to allow (and monetize) the resale of “used” digital goods such as music or e-books, with an embargo time of, well, right now. The release claims the award of a patent on the technology ReDigi wants to use to enable the resale of digital media. It says the patent covers the transfer of digital media files without making a copy. ReDigi has been in the news a great deal in the last couple of years. The RIAA complained, and record label EMI sued, over ReDigi’s plan to allow...

Supreme Court rules importation of textbooks legal under First Sale doctrine
March 19, 2013 | 7:35 pm

Remember the Supreme Court case about the Thai exchange student who bulk imported cheap overseas copies of textbooks and resold them in the U.S. (making over $1 million in sales) to finance his doctorate? The judges handed down a decision today. By a six to three majority, they found that the student’s importation and resale was legal under the Fair Use Doctrine. Just because the books were printed overseas did not exempt them from the right of First Sale, which means that people who buy them can resell them as they please. Ars Technica has more details on the decision. Essentially,...

Library advocates, used merchandise vendors lobby for digital ownership rights
November 13, 2012 | 8:54 pm

In his Copyright and Technology Blog, Bill Rosenblatt has an interesting column looking at the Owners’ Rights Initiative, a lobbying coalition of interested parties who have united under the slogan “you bought it, you own it,” seeking to promote the right to resell digital property. The group includes used book vendors such as Powell’s, movie rental firm Redbook, and used merchandise outlets like eBay, Overstock, and others. But it also includes a number of public library advocacy organizations, because if you “own” something like an e-book, you also have the right to lend it. The group seems particularly interested...

Supreme Court First Sale Doctrine case could give boost to resale-proof digital media sales
October 30, 2012 | 12:00 pm

Ars Technica has a couple of great, in-depth pieces laying out in detail the facts of the matter surrounding the upcoming Supreme Court case concerning a Thai exchange student who imported and resold cheap foreign editions of English-language textbooks to finance his doctorate. Publishers contend he earned $1.2 million in revenues, and essentially set himself up as an unlicensed importer/distributor, damaging the publishers’ market for the books within the United States. The publisher plaintiff is John Wiley & Sons, which has also garnered attention for its recent lawsuits against unauthorized BitTorrent distributors of its books. The article discusses the Costco vs. Omega case, which I covered...

Libraries Do Not ‘Own’ Random House E-Books After All
October 25, 2012 | 12:20 am

Last week we carried a story about a claim that Random House was going to let libraries “own” its e-books. However, it turns out that “own” may have been an optimistic oversimplification. Peter Brantley, Director of the Bookserver Project at the Internet Archive, writes at Publishers Weekly that he's had some follow-up discussion with Skip Dye, Random House’s VP of Library and Academic Sales, to get clarification on exactly what “own” meant in that context. (Found via TechDirt.) What Random House actually meant was that it would assist libraries in moving e-books from one “authorized library wholesaler” to another. The publisher...

ReDigi lawsuit raises questions of fair use and first sale in digital age
July 2, 2012 | 7:56 pm

The Boston Globe has a report on the record labels’ lawsuit against ReDigi, the company that is trying to bring first sale rights to digital music (and, by extension, digital movie and book) sales. I’ve mentioned ReDigi a number of times, from when it was first conceived (after several similar used-digital-goods efforts failed miserably) to when it launched to when the record labels complained to when they sued in January. ReDigi claimed fair use, Google filed an amicus brief, and a judge decided ReDigi didn’t have to shut down pending the suit. If you’ve been following the...

Wiley sues BitTorrent sharers, gives SCOTUS another shot at first sale precedent
April 20, 2012 | 1:48 am

TorrentFreak reports that For-Dummies publisher John Wiley & Sons has moved to file suit against several BitTorrent users who allegedly shared its books online. The majority of BitTorrent sharers to whom it sent nastygrams capitulated with $750 settlements, However, four users have not: New York residents Jeff Ng, Ralph Mohr, Robert Carpenter and Xiaoshu Chen are no longer anonymous Does. Wiley is proceeding to call for a full jury trial against the quartet in which they will face accusations of copyright infringement and up to $150,000 in penalties for each offense. TorrentFreak writes that...

ReDigi responds to RIAA lawsuit, claims fair use
January 22, 2012 | 9:15 pm

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). ...

Would used e-books work, redux
January 10, 2012 | 12:15 pm

Since the ReDigi lawsuit surfaced a few days ago, some of the e-book blogs have been taking notice. EbookNewser simply asks “Could selling used e-books work?” (The answer is, probably about as well as ReDigi’s idea of selling used e-music. In the unlikely event courts bless it, then yes, we might very well see a used e-splosion. Wouldn’t hold my breath, though.) TeleRead has already looked at these issues a couple of times, with a reprint of a post on first sale by Marilynn Byerly and my own look at digital resale efforts that didn’t get off the...

EMI sues ReDigi over ‘used’ digital media resale
January 8, 2012 | 1:15 pm

And so it begins. In October, “used digital music” reseller ReDigi began operations. A month later, the RIAA demanded that it cease and desist its “infringing” activities and make its records available as evidence in the lawsuits that were undoubtedly soon to come. Now, one of those lawsuits has arrived. Greg Sandoval reports on CNET that record label EMI has filed suit against ReDigi, In its 18-page complaint, filed in a New York federal court, EMI alleged that to operate its business, ReDigi must make numerous unauthorized copies of songs and that that...

RIAA rebukes ReDigi
November 15, 2011 | 11:27 am

ReDigi, that startup that aimed to allow people to buy and re-sell “used” digital music, has come under fire from the RIAA. Ars Technica reports that the RIAA has sent company a letter demanding that it cease and desist all “infringing activities” and make its records available to the RIAA as evidence. I can’t say I’m terribly surprised; I expected it would come to this when the company announced its plans back in February, let alone when it started buying tracks in October. The company does bend over backward to try to make sure that the resold copies weren’t...

ReDigi begins buying ‘used’ digital music
October 15, 2011 | 4:34 pm

redigilogoTechCrunch reports that digital music resale firm ReDigi, who I mentioned back in February, is actually launching its eMarketplace to allow people to buy and sell “pre-owned” digital music. ReDigi claims that it has consulted with lawyers and determined what it’s doing is legal, but I’m not so sure. ReDigi hopes to succeed where others have failed by designing a marketplace that is not about file sharing, but is instead a method of “facilitating the legal transfer of music between two parties”. Really, the key here is that the startup’s technology is able to actually verify...