Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

12 10 2017

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from iTunes could sell the music that they no longer wanted.  In a nutshell, the system allowed the owner of a digital file to transfer the music to ReDigi’s cloud storage locker, from which ReDigi could then sell it to a willing buyer for a lower price than the cost of an “original” purchase from the iTunes Store.  When a sale was made, Redigi would retain 60% of the sales price, while the seller and artist got 20% each. Although the process of transferring a file from an owner’s personal computer to ReDigi required that it be reproduced on ReDigi’s server, the system removed the file from the owner’s personal computer as the file was moved.  Capitol Records, the copyright owner of many music files sold over the ReDigi system, sued ReDigi for copyright infringement, alleging that the company reproduced and distributed its copyrighted works without permission.

more

The content in this post was found at http://www.ipwatchdog.com/2017/10/11/digital-resale-copyrights-second-circuit-wont-buy/id=88965/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Future of Libraries – Need First Sale for ebooks

20 02 2017

How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them?  The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries.  Hardly sustainable when files can and do disappear when either the publisher or the vendor no longer offer them.

Libraries rely on the right of first sale to lend print books, and need an analogous right in the world of ebooks and digital music. To that end, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries and the Internet Archive filed a brief on Feb. 14, 2017 in support of Redigi, a company that sells used mp3 files to music customers.  The brief argues that an evaluation of Fair Use should consider the rationale of the First Sale doctrine, and other specific exceptions. It argues that enabling the transfer of the right of possession should be favored under Fair Use.

more


The content in this post was found at http://fairuse.stanford.edu/2017/02/19/future-libraries-need-first-sale-ebooks/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Commerce Recommends Amendments to Copyright Act Statutory Damages Provisions

16 01 2017

Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes, First Sale, and Statutory Damages, which recommends amendments to U.S. copyright law that would provide more guidance and greater flexibility to courts in awarding statutory damages. However, the Task Force has found insufficient evidence to show that there is a change in circumstance in the markets or technology that requires action on amending the first sale doctrine.

more

The content in this post was found at http://www.ipwatchdog.com/2016/01/28/commerce-department-recommends-amendments-to-copyright-act-statutory-damages-provisions/id=65490/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



US carriers agree to unlock customers’ phones after pressure from FCC

17 12 2013
AT&T, Verizon Wireless, Sprint, T-Mobile, and US Cellular have “voluntarily” committed to unlocking customers’ cell phones once their contracts have been paid off. The wireless carriers will notify customers when their devices are eligible to be unlocked, “or automatically unlock devices remotely, for free,” the Federal Communications Commission (FCC) said today.While the agreement was described as voluntary, FCC Chairman Tom Wheeler had told the carriers he would pursue regulation if they didn’t comply with his terms. A recent ruling by the Librarian of Congress meant that a consumer unlocking his or her own phone would be violating the Digital Millennium Copyright Act’s anti-circumvention provisions. Today’s agreement should sidestep that by putting the onus to unlock on the carrier, although it doesn’t help consumers who are still under contract.

 

more

The content in this post was found at http://arstechnica.com/business/2013/12/us-carriers-agree-to-unlock-customers-phones-after-pressure-from-fcc/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)

26 11 2013

By Eric Goldman

Kirtsaeng v. John Wiley & Sons, No. 11–697 (U.S. Supreme Court March 19, 2013).  Prior blog post of the Second Circuit ruling in the case.

In Kirtsaeng v. John Wiley & Sons ($JW-A), the U.S. Supreme Court ruled that U.S. copyright law doesn’t restrict the importation of legitimate copyrighted works manufactured and sold overseas.  As a result, publishers cannot use U.S. copyright law to enforce their price discrimination schemes of pricing copyrighted works on a per-nation basis.

This ruling is a legal victory for U.S. consumers, who should see cheaper prices in the short run.  This ruling is also a win for museums, libraries and other institutional collectors of copyrighted works, who face less risk now when acquiring copyrighted works (especially those initially sold overseas).  Still, amidst the good news, it’s impossible to ignore the rapid and probably irreversible demise of copyright’s First Sale doctrine, meaning this legal victory is likely short-lived at best.

more

The content in this post was found at http://blog.ericgoldman.org/archives/2013/03/the_supreme_cou.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.