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Submission + - Judge rules that resale of MP3s violates copyright law 1

Pikoro writes: A judge has sided with Capitol Records in the lawsuit between the record company and ReDigi — ruling that MP3s can only be resold if granted permission by copyright owners.
"The Order is surprising in light of last month's United States Supreme Court decision in Kirtsaeng v. Wiley & Sons, which reaffirmed the importance and applicability of the First Sale Doctrine in the United States of America."
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Judge rules that resale of MP3s violates copyright law

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  • From TFA

    "Courts have consistently held that the unauthorized duplication of digital music files over the Internet infringes a copyright owner's exclusive right to reproduce. However, courts have not previously addressed whether the unauthorized transfer of a digital music file over the Internet -- where only one file exists before and after the transfer -- constitutes reproduction within the meaning of the Copyright Act. The court holds that it does."

    So, transferring a file (legally purchased) for resale once, while deleting the source file just after the transfer is still a "reproduction". On the other hand, music industry sells online megatons of songs daily using the mega-reproduction of a single file - which reproduction cost ~zero. There is something deeply weird in this scenario.

The unfacts, did we have them, are too imprecisely few to warrant our certitude.