Monday, March 06, 2006

"RIAA Claims Selling iPod with Copyrighted songs on it is Copyright infringement", Reports FMQB

Came across this report in FMQB:

RIAA Bans The Reselling Of iPods With Preloaded Music

February 10, 2006

Although it may seem like a feasible idea, the Recording Industry Association of America (RIAA) says that reselling an iPod or MP3 player with music already preloaded on it is illegal.

"Selling an iPod preloaded with music is no different than selling a DVD onto which you have burned your entire music collection," the RIAA said in a statement to "Either act is a clear violation of U.S. copyright law. The RIAA is monitoring this means of infringement. In short: seller beware." Many people have been selling their used iPods online with thousands of songs preloaded on them.

Andrew Bridges, a lawyer for eBay that specializes in copyright and trademark law, told, "It really depends on individual circumstances. I'm not sure the law is settled. If I'm a college student and I want to supplement my income by buying 100 iPods and selling them at a significant premium, that's probably not going to fly. But if I've had my iPod Shuffle for two years and I'm tired of it and I go out and buy a 60 gig video iPod and want to sell my old Shuffle, but don't want to purge the music first, that's probably legal."

Complete article

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs


Martin Osterman said...

I think the RIAA is barking up a wrong tree, and their example shows it.

The sale of a pre-loaded iPod would not be like selling a burned CD or DVD of music; it'd be like a person deciding to sell their stereo AND their collection of tapes and DVDs that went with that collection. That, I might add, is perfectly legal.

Methinks that the RIAA needs to start rethinking it's position on electronic music, because the old paradigms aren't going to work with it.

Mike (who is he??) said...

How is this action any different, legally at least, from the sale of used CDs/DVDs at record stores? Say, if those digital music files were purchased files from the iTunes store?

Are the iTunes files, in this case, covered by a non-transferrable license?

Not that the RIAA wouldn't also like to stop the sale of used CDs while they're at it though ...