can you sell a MP3 library?

[tonicman5691]

Actually when you read it closely, there is the implication that if you sell your own disk w/o any copying of the songs, it may be legal under the first sale doctrine.

ReDigi's problem was that the resale was from the cloud; the ReDigi system transferred the song to the cloud from where the sale was made. Notwithstanding the fact that the original "at user" file was destroyed, the court ruled that the transfer to the cloud was an unlawful copy.

Since the cloud version was an unlawful copy, the first use defense cannot be used to protect what is deemed to be an unlawful copy. The case isn't entirely on point as to the original question.

The case does not make any mention if a sale of a lawful copy is or is not covered by the first sale doctrine.

Sorry about the nitpick....

[The Eternal Bachelor]

Originally Posted by ttonic

Actually when you read it closely, there is the implication that if you sell your own disk w/o any copying of the songs, it may be legal under the first sale doctrine.

ReDigi's problem was that the resale was from the cloud; the ReDigi system transferred the song to the cloud from where the sale was made. Notwithstanding the fact that the original "at user" file was destroyed, the court ruled that the transfer to the cloud was an unlawful copy.

Since the cloud version was an unlawful copy, the first use defense cannot be used to protect what is deemed to be an unlawful copy. The case isn't entirely on point as to the original question.

The case does not make any mention if a sale of a lawful copy is or is not covered by the first sale doctrine.

Sorry about the nitpick....

This article on the ReDigi case states that "In any event, for now, the first-sale doctrine does not, and seemingly cannot, apply to digital music files."

It seems the first sale doctrine might apply if the seller of mp3 files were to sell the hard drive that he stored his mp3 files on, but reading the court decision, I think that the original mp3 file stored on, for example, Apple's servers, is the original digital file that the first sale doctrine would apply to, not to an authorized copy that the seller bought from Apple and stored on his hard drive.

http://www.lexology.com/library/deta...7-4ada5bb5d319

[tonicman5691]

Originally Posted by The Eternal Bachelor

This article on the ReDigi case states that "In any event, for now, the first-sale doctrine does not, and seemingly cannot, apply to digital music files."

It seems the first sale doctrine might apply if the seller of mp3 files were to sell the hard drive that he stored his mp3 files on, but reading the court decision, I think that the original mp3 file stored on, for example, Apple's servers, is the original digital file that the first sale doctrine would apply to, not to an authorized copy that the seller bought from Apple and stored on his hard drive.

http://www.lexology.com/library/deta...7-4ada5bb5d319

Yep, that is what the *article* says - not the written opinion. Also note that the opinion is at the district level, not even to the circuit appellate level.

Not trying to discount the finding, as I would think it would be stupid to sell digital files and believe that the first sale doctrine wont apply. But the law relating to this and the scope of the rulings so far leave a lot in doubt.

[Bad_Mojo]

Originally Posted by The Eternal Bachelor

It seems the first sale doctrine might apply if the seller of mp3 files were to sell the hard drive that he stored his mp3 files on, but reading the court decision,

"Money exchanged is for companionship...."

But as mentioned already, who is gonna want to buy someone else's library when there is Pandora and, more importantly, torrent sites?

[ShysterJon]

Thank goodness this hooker board exists to give you nerds a place to prattle on about music files. I bet all the hookers and johns have stopped fucking just to read this fascinating discussion. Haha.

[Bad_Mojo]

Originally Posted by ShysterJon

I bet all the hookers and johns have stopped fucking just to read this fascinating discussion. Haha.

Well..... you did.

[ShysterJon]

I was gonna write a new post about getting out of jail quickly and with the least expense, but I'm glued to this thread, wondering what my strategy should be if I decide to sell my music files. Hell, if I sell them, I may be able to fund a trip to see a Samuell Grand Park $25 B&G girl in my beater. I'll just have to find somebody with the exact same musical taste as mine.

[Bad_Mojo]

I need $5 worth of Marvin Gaye to get my girl in the mood tonight.

Can ya hook a brother up?

[ShysterJon]

Originally Posted by Bad_Mojo

I need $5 worth of Marvin Gaye to get my girl in the mood tonight.

Can ya hook a brother up?

Spending $5.00 on used MP3s would probably get you everything Marvin Gaye ever recorded, plus everything recorded by Marvin's lesser-talented brother, Melvin Gaye.

[HarleyRider96]

Originally Posted by ShysterJon

Spending $5.00 on used MP3s would probably get you everything Marvin Gaye ever recorded, plus everything recorded by Marvin's lesser-talented brother, Melvin Gaye.

Wasn't it Melvin who's song answered Marvin's question "whats goin on"? Or was there another Gaye Brother?

Just thought I'd help this thread sputter to a close...........

[oesman]

Originally Posted by ShysterJon

I was gonna write a new post about getting out of jail quickly and with the least expense, but I'm glued to this thread, wondering what my strategy should be if I decide to sell my music files. Hell, if I sell them, I may be able to fund a trip to see a Samuell Grand Park $25 B&G girl in my beater. I'll just have to find somebody with the exact same musical taste as mine.

Some of us still wanna see that post

[The Eternal Bachelor]

Originally Posted by ShysterJon

Thank goodness this hooker board exists to give you nerds a place to prattle on about music files. I bet all the hookers and johns have stopped fucking just to read this fascinating discussion. Haha.

Nerd? Are you calling me a nerd?

[ShysterJon]

Originally Posted by The Eternal Bachelor

Nerd? Are you calling me a nerd?

No, not at all. But if you dramatically improve your level of sophistication, it's possible one day you may rise to the level of a nerd.

[The Eternal Bachelor]

Originally Posted by ShysterJon

No, not at all. But if you dramatically improve your level of sophistication, it's possible one day you may rise to the level of a nerd.

Thanks, I have a new goal for 2015!

Help a brother out, if you have the time write up a stickie titled, "So you want to be a nerd."