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Posts tagged ReDigi

House first sale doctrine hearing: My points of view
June 4, 2014 | 2:49 pm

Well, that was quite a few articles. I hope you at least read my summaries, and they didn’t put you to sleep. I was impressed by the breadth of viewpoints represented in that sample of testimony. We heard from a major publisher, a company and an interest group lobbying for digital resale, a graphic artist, a media executive, a major library, and more. They all had their own unique viewpoints, and reading all of them really gave me a new appreciation for how complicated first sale is—not just the proposed digital type, but the ordinary physical media type we all...

House first sale doctrine hearing written testimony: John Wiley & Sons, ReDigi
June 2, 2014 | 4:54 pm

We’ve covered the history of efforts to implement resale of digital goods before (more than once, in fact), and there’s been quite a discussion of why it would be a bad idea. Now it’s Congress’s turn to talk about it. Today a House subcommittee held a hearing concerning first sale and how it related to digital items. InfoDocket has links to the prepared remarks of a number of the attendees, as well as the opening statement by Representative Bob Goodlatte. Noting the importance of the first sale doctrine, Goodlatte said Although some legal doctrines...

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...

What the ReDigi case might mean for Amazon’s used content plans
April 2, 2013 | 4:37 pm

Numerous websites have been reporting on the latest twist in the ReDigi case (for example, here on Paid Content). The case sets an important potential precedent for other business plans involving the sale of digital content. I know Amazon has contemplated a move into this area, and I wonder if they might be the ones with the deep pockets, not to mention the legal might, to try and fight this one. The ruling was interesting in that, from what I've read, it didn't oppose the sale of digital media in principle. Rather, it opposed the 'first-sale doctrine' defense that ReDigi was using...

Morning Links: Rising Android sales causing worry for digital publishers
April 2, 2013 | 9:00 am

AndroidRising Android Sales Causing Worry for Digital Publishers (Good e-Reader) Reeder App to Break Free of Google Reader (The Digital Reader) Court Slams Shut ReDegi Music Locker, Saying First Sale Doctrine Does Not Apply (Paid Content) April Fool's Day Jokes for Writers and Readers (Galley Cat) Kindle Daily Deals: Desert Solitaire by Edward Abbey (and 3 others)...

The digital resale controversy, in the New York Times
March 10, 2013 | 3:34 pm

digital resale The New York Times ran an interesting and fairly informative feature story on March 7; it covers the digital publishing industry's current digital resale controversy, which was sparked largely by the work of John Ossenmacher, the founder and CEO of ReDigi — a company that refers to itself as 'The World's First Pre-Owned Digital Marketplace.' The story includes a brief quote from Free Ride author Robert Levine; the quote probably does a better job than anything I've read before of explaining why digital resales will almost certainly lead to a fair amount of market insanity. As the article's author, David Streitfeld, writes: [caption id="attachment_81113" align="alignright"...

Is Amazon About to Break the Law?
February 19, 2013 | 10:04 am

Amazon has patented a means to sell used e-books within the Kindle system. A book will be branded within the system when it is bought, and when the buyer puts it up for resale at the Kindle store, it will be removed from his account and transferred to the buyer’s account. Amazon will receive a small fee for each sale. A limited number of sales of each book may or may not be included in the system. According to copyright law, specifically the first sale doctrine, this is illegal because digital goods aren’t physical things so they can’t be resold. (See...

Amazon scores broad patent on reselling ‘used’ digital content
February 7, 2013 | 8:32 pm

I’ve written quite a few pieces here about the various attempts to try to create a workable digital resale market—most recently with digital music resale firm ReDigi, which is currently engaged in a legal dispute with music label EMI over its activities. Now it looks as if, as with a lot of its digital media sales, Amazon may have achieved yet another leg up on the competition. On paidContent, Laura Hazard Owen reports that Amazon has been awarded a patent on the idea of a marketplace for “used” digital content. Amazon applied for it back in 2009, and it...

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 Redbox, 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 in Kirtsaeng...

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...

European court rules used software sales legal—even for downloaded titles
July 3, 2012 | 7:20 pm

Here’s an interesting software ruling out of European courts that might have implications for digital music and e-book resale. The Wall Street Journal reports that Oracle sued a German software company, UsedSoft, that buys up and resells used software licenses from American companies. In that case, the European Court of Justice has decided in favor of UsedSoft, stating that "The exclusive right of distribution of a copy of a computer program covered by such a [used] license is exhausted on its first sale.” Thus, it’s perfectly all right, at least in Europe, to sell your licensed software, regardless...

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...