Wednesday, February 08, 2012

Transcript of oral argument in Capitol Records v ReDigi

Below is a link to the February 6, 2012, oral argument in Capitol Records v. ReDigi:

Oral argument February 6, 2012

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Z said...

Hi Ray,
Very interesting reading the transcript. One point I really think you could have made is related to the customers making copies of the songs before selling them.

To use an analogy - I photocopy a book and sell the original copy to a used bookstore. Is the bookstore liable for the copy I made? No, I am committing a copyright violation. Is the bookstore inducing me to commit copyright infringement? Not at all.

However Capitol Records is trying to argue that ReDigi is facilitating exactly this scenario. Regardless of any systems ReDigi uses to reduce the unlawful copying of songs, the user is liable for copying songs outside the ReDigi system. I think a few forceful paragraphs in a brief or phrases in an oral argument should shut them down nicely on that point.

I think you have a really interesting case here. ReDigi is just the latest incarnation of the second hand bookstore. I think the key to your case is going to be the unique ITunes id that proves the reselling is just of unique digital song files.

Will be following the case with interest.

Anonymous said...

I am no lawyer, but the big distinction in the court's hypothetical seems to be the media or form the data is presented in. An iTunes file is already digital, but a hardcover book which is digitized into the cloud isn't. With the file, that single digital arrangement of bits with tag and all can be filtered to a single existence within ReDigi's system. The digitized book on the other hand is the copy, the copy can be made and stored wherever and however for personal use (highlight, notes, doodle backdrop ...)and only the original made for sale, but the hard original cannot be squeezed into the cat 5 cable.

Anonymous said...

So, I move my mp3 to the cloud. And let's not fool ourselves. the one on the cloud is a copy, for all intents and purposes. That's a legal copy, whether space-shifting, or fair use or other.

But, the instant I turn around and sell my authorization to access and take advantage of that file, the file on the cloud to another person, the file becomes an unauthorized copy, my moving the file to the cloud unauthorized copying, and the sale of the *right* to access the file an unlawful distribution.


Wait, what?

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