Court Rules Users Can't Resell Songs Bought on iTunes

ItunesA U.S. District Court judge has ruled that users cannot legally resell songs they have purchased on iTunes, reports All Things D. The case in question is a lawsuit between Capitol Records and music startup ReDigi, which wants to create a marketplace for owners of digital music to sell their libraries.

ReDigi argued that 'first-sale doctrine' should apply to digital purchases in addition to physical ones, but the court did not accept that argument. First-sale doctrine holds that individuals are able to sell their legally purchased books or CDs to other parties.

However, here, the Court cannot of its own accord condone the wholesale application of the first sale defense to the digital sphere, particularly when Congress itself has declined to take that step. Accordingly, and for the reasons stated above, the Court GRANTS Capitol's motion for summary judgment on its claims for ReDigi's direct, contributory, and vicarious infringement of its distribution and reproduction rights. The Court also DENIES ReDigi's motion in its entirety.

The Judge granted partial summary judgement to Capital Records, but has ordered both sides to submit a joint letter to the court by April 12, "concerning the next contemplated steps" in the case. We have uploaded Judge Richard J. Sullivan's full decision to Scribd.

Apple filed for several patents recently that suggest the company is at least considering ways for users to resell, lend or inherit digital content. The company has made no indications that it would make such a service available, however.

Top Rated Comments

Daremo Avatar
137 months ago
What about ownership transfers in the result of death, or a mp3 music collection being willed to someone?
Score: 14 Votes (Like | Disagree)
markfc Avatar
137 months ago
This is the reason I still buy physical CDs, it's usually cheaper too plus ill decide what bitrate to encode in :-)
Score: 14 Votes (Like | Disagree)
nzalog Avatar
137 months ago
I hope they don't wonder why people pirate media after this. There has been many examples why pirating is way more convenient than a legitimate purchase. You would think that it should be the other way around and a paying customer should have the best experience.

Score: 13 Votes (Like | Disagree)
DesertEagle Avatar
137 months ago
This sucks. Soon, one can no longer (legally) resell a CD if the record company dislikes it. Physical media or not, the content is still digital.

It better be an April Fool's joke.
Score: 13 Votes (Like | Disagree)
inlinevolvo Avatar
137 months ago
Another loss for consumers.
Score: 10 Votes (Like | Disagree)
bdavis89 Avatar
137 months ago
How would you resell music anyways? What's stopping you from selling file copies? I think I don't understand..
Score: 9 Votes (Like | Disagree)

Popular Stories

Apple WWDC23 macOS Sonoma hero

macOS Sonoma Launching This Week With These New Features

Sunday September 24, 2023 12:45 pm PDT by
Apple previously announced that macOS Sonoma will be released this Tuesday, September 26. The free software update includes many new features and changes for the Mac, including the five that we have highlighted below. In addition to these five features, we have shared the full release notes for macOS Sonoma below for a complete overview of everything new. Desktop Widgets macOS Sonoma...
iPhone 16 Mock Header With Dynamic Island

Skipping the iPhone 15 Pro? Here's What's Rumored for iPhone 16 Pro

Friday September 22, 2023 9:29 am PDT by
Are you skipping the iPhone 15 Pro and waiting another year to upgrade? If so, we already have some iPhone 16 Pro rumors for you. Below, we recap new features rumored for the iPhone 16 Pro models so far:Larger displays: The iPhone 16 Pro and iPhone 16 Pro Max will be equipped with larger 6.3-inch and 6.9-inch displays, respectively, according to Ross Young, CEO of Display Supply Chain...
iPhone 16 Side Feature

iPhone 16 to Include an Additional Capacitive 'Capture' Button

Monday September 25, 2023 12:50 pm PDT by
The iPhone 16 series is expected to gain an additional capacitive button, known internally as the "Capture Button." Codenamed "Project Nova," the button is likely to be one of the main selling points of the iPhone 16 lineup, assuming it gets past the initial testing phase. The Capture Button is located on the same side as the Power button, only positioned slightly lower - where the mmWave cutout...
ipad mini blue

Apple to Launch iPad Mini 7 Later This Year, Industry Report Suggests

Monday September 25, 2023 3:16 am PDT by
Apple could be preparing to release a seventh-generation iPad mini before the end of the year, based on a new report by DigiTimes. In an article discussing stagnating global tablet demand in the second half of 2023, the Taiwan-based outlet forecasts an uptick in Apple's share of the market owing to orders for a "small-size" iPad in the fourth quarter. From the report (see bold): In the...