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Summary: LLC V. Redigi Inc.

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It is Legal to Resell “Used” Digital Music?
There has recently been some controversy over whether or not reselling digital music is legal or not. A recent ruling, Capitol Records, LLC v. ReDigi Inc., confirmed that it is illegal; however, this view is patently inaccurate and reselling used digital music with the correct precautions is almost definitely legal (Villasenor). First, background information on ReDigi Inc., a major reseller of used digital music that, four years ago, was shut down because of the ruling, and Capitol Records, LLC v. ReDigi Inc. (with ReDigi’s great argument examined deeply) must be reviewed before some possible guidelines for future companies wanting to allow consumers to resell their legally bought, used digital music …show more content…

Unfortunately, the judge assigned to the case, Judge Sullivan, concurred, stating that ReDigi “infringes Capitol’s exclusive right of reproduction” as well as its “exclusive right of distribution”; confirming that only Capitol Records has the legal ability to sell their music (Villasenor). However, ReDigi’s main argument, quite logically crafted, was based on the uncontroversial “first-sale” doctrine stated in US copyright law, which allows non-digital objects such as music CDs and books to be resold after being bought if they are lawfully produced and the seller does not continue to own the product (normally not a problem with physical products but definitely problematic with digital ones) (Villasenor). Though ReDigi’s products are not physical, its reselling method does fit this doctrine: the original music is lawfully produced by Capitol Records and other companies (who allow iTunes and other music marketplaces to sell them) and the reseller, by having to use ReDigi’s Media Manager, can not retain a copy (Villasenor). Besides his main argument, Sullivan also stated that the Judicial branch does not have the power to extend the doctrine; only Congress does, which is also erroneous since the Judicial Branch’s main responsibility is to interpret (including extending) laws that the Congress makes like the US copyright

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