Amazon AutoRip: How the labels held back progress for 14 years

21 01 2013
When Michael Robertson heard news of AutoRip, the new Amazon service that automatically adds high-quality MP3s to Cloud Player when you buy a CD, he must have had a sense of deja vu. After all, the entrepreneur introduced a similar service way back in 1999. Unfortunately, it wasn’t licensed by the recording industry, and they sued it out of existence. He tried again with a licensed service in 2007, but only one label would cut a deal and the company failed to gain traction.

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The content in this post was found at http://arstechnica.com/tech-policy/2013/01/amazon-autorip-how-the-labels-held-back-progress-for-14-years/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Examining Sony’s Internet-free method for blocking used game sales

4 01 2013
A newly published patent application filed by Sony outlines a content protection system that would use small RFID chips embedded on game discs to prevent used games from being played on its systems, all without requiring an online connection. Filed in September and still awaiting approval from the US Patent Office, the patent application for an “electronic content processing system, electronic content processing method, package of electronic content, and use permission apparatus” describes a system “that reliably restricts the use of electronic content dealt in the second-hand markets.”

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The content in this post was found at http://arstechnica.com/gaming/2013/01/examining-sonys-internet-free-method-for-blocking-used-game-sales/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Top EU court upholds right to resell downloaded software

6 07 2012

The European Court of Justice has ruled that customers have a right to resell software they purchase regardless of whether the software was originally distributed on a physical medium or downloaded over the Internet. The ruling is a defeat for Oracle, which had argued that the court should uphold provisions in its license agreement prohibiting such transfers.

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The content in this post was found at http://arstechnica.com/tech-policy/2012/07/top-eu-court-upholds-right-to-resell-downloaded-software/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Levi Strauss’s Trademark and Domain Name Claims May Block Unauthorized Resales — Levi Strauss v. Papikian

1 06 2012

[Post by Venkat Balasubramani]

Levi Strauss & Co v. Papikian Enterprises, C 10-05051 JSW (N.D. Cal.; Aug. 24, 2011) [pdf]

Facts: Levi Strauss owns trademarks for “Levi’s,” “501” and other terms. It sells its products directly and to authorized retailers but does not sell through “distributors, wholesalers or jobbers.” Retailers are contractually restricted from reselling “first quality merchandise.” Papikian registered several domain names (501USA.com, 550jeans.com, 517jeans.com) through which he offered Levi Strauss products for sale. Levi Strauss grumbled about his use of various Levi Strauss trademarks and how Papikian sold goods to EU residents. The parties engaged in settlement discussions which were not fruitful, and ultimately Levi Strauss brought suit, alleging trademark and cybersquatting claims. Levi Strauss alleged that in response to some of Levi Strauss’s complaints, Papikian made some changes to his website, but at some point along the way, these changes reverted, and Papikian’s website “looked more professional, offered [Levi Strauss] products exclusively, and make more extensive use of [Levi Strauss] trademarks.”

Papikian brought a motion for summary judgment, which the court denies.

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The content in this post was found at http://blog.ericgoldman.org/archives/2011/08/levi_strausss_t_1.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Judge denies record label’s request to shutter “used” MP3 store

27 05 2012

A one-of-a-kind website enabling the online sale of preowned digital-music files got a major legal boost late Monday when a federal judge refused to shutter it at the request of Capitol Records.

ReDigi, which opened in October, says it’s a modern-day, used-record store that provides account holders with a platform to buy and sell used MP3s that were purchased lawfully through iTunes. The platform’s technology does not support other digital files such as those purchased from Amazon or ripped from a CD.

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and as the trial gets closer:

Redigi Case Poses A Novel Copyright Question on the Resale of Digital Audio Files – Is “Digital First Sale” Legal?

by Lee Gesmer on March 16, 2012

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The content in this post was found at http://arstechnica.com/tech-policy/2012/02/judge-denies-record-labels-request-to-shutter-used-mp3-store/f and http://masslawblog.com/uncategorized/redigi-case-poses-a-novel-copyright-question-on-the-resale-of-digital-audio-files-is-digital-first-sale-legal/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Ninth Circuit Rules on License versus Sale of Software

19 12 2010

The Register of Copyrights may have concluded that precedents defining the difference between a license and a sale of software are conflicting (see our prior blog post on that point), but a panel of the Ninth Circuit had no difficulty in resolving the issue in its recent opinion Vernor v. Autodesk, Inc., 2010 U.S. App. LEXIS (9th Cir. Sept. 10, 2010). The panel reconciled a series of prior panel rulings deemed inconsistent by the lower court, and ruled that proposed resales of packaged software via an eBay auction were not protected by the copyright first sale doctrine because the initial transaction between the software developer and its transferee was a license, not a sale.

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The content in this post was found at http://newmedialaw.proskauer.com/2010/09/articles/copyright/ninth-circuit-rules-on-license-versus-sale-of-software/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



No, you don’t own it: Court upholds EULAs, threatens digital resale

10 09 2010

The US Court of Appeals for the Ninth Circuit today ruled (PDF) on a long-standing case involving used software on eBay, and it came to an important decision: if a company says you don’t have the right to resell a program, you don’t have that right. Could this mean the end of the resale market for all digital content? Yup. But the court says it had no choice.

The case is Vernor v. Autodesk,

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The content in this post was found at http://arstechnica.com/tech-policy/news/2010/09/the-end-of-used-major-ruling-upholds-tough-software-licenses.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Ownership or License? Where to Draw the Line on Copyright Infringement

30 06 2010

Most likely, Craig Vernor had no idea the firestorm he would create when he decided to put used copies of AutoCAD, a 3-D modeling software often used by architects, up for sale on E-Bay. He wanted to sell the $4,000 software (when new) for about $400 online. (Vernor’s actions on E-Bay are by no means the first of their kind. At present, E-Bay has 19 sub-categories of software for sale.)

Autodesk, the software’s creator and parent company, immediately demanded that the items be removed from E-Bay due to copyright infringement.

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The content in this post was found at http://redmountainlaw.wordpress.com/2010/06/30/ownership-or-license-where-to-draw-the-line-on-copyright-infringement/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Limits of First Sale Doctrine

8 11 2009

One clear message of intellectual property law is that mere possession, or even ownership, of a product or a copy does not vitiate the rights-owner’s interest in and right to control use or disposition of the product or copy. First sale doctrine carves out a very limited exception to this.

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The content in this post was found at http://www.ipinfoblog.com/archives/intellectual-property-the-limits-of-first-sale-doctrine.html and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Can you resell your MP3s?

9 01 2009

Under the “First Sale” doctrine, you can resell copyrighted material, such as books, CDs and DVDs without violating US copyright law. But what about MP3s? While copyright law appears to give you the right to resell legitimately purchased MP3s, according to a recent post on ARS Technica , it does not seem to allow you to “copy” those MP3s. So how do you sell a used MP3?

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The content in this post was found at
http://blawgit.com/2008/12/18/can-you-resell-your-mp3s/
and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.