It was MP3.com (not CDBaby) that lost that lawsuit.
Anyway, that precedent doesn't apply at all. The current Redbox case is completely different.
MP3.com was making this argument: Since you have the CD you already have the right to listen to a ripped copy. The ripped copy that MP3.com already has on its servers is identical to the copy you would you make yourself. Therefore you have the right to listen to MP3.com's copy instead of having to make your own personal copy.
The court didn't buy that theory. Just because *you* have the right to make a copy to listen to doesn't mean mp3.com could share their copy with you. And even if the copies are digitally identical they are still separate copies that came from separate first sales.
Redbox isn't trying to do anything like this. All they are doing is saying "hey, we bought this package that contained two widgets (a disk and a piece of paper) and we are going to sell or rent those two widgets in separate transactions.