Before this topic thread gets locked, or my post gets buried.... I'd like Mr. Harrington to respond to this.
HarringtonLaw wrote:
The key point is that the discs--the physical thing Clark sells--are actually authorized by the publishers in Australia. The first-sale doctrine prevents the publishers from prohibiting the importation of authorized discs into the U.S. under copyright laws. (The key case is Quality King Distributors Inc. v. L'anza Research International Inc., 523 U.S. 135 (1998).)
Downloads, on the other hand, require the making of a new copy as the delivery mechanism, and the first-sale doctrine does not apply.
Of course, if the UK downloads were actually licensed by the publishers, they would be fine to use. I don't know whether they are or not.
Question: Is Clark Music selling pre-made discs in any series... as an example (in comparison) --- SC8000, SC8001, SC8002, etc... where each of these discs have the same tracks on them? Or, are they selling Customized discs, where I am asking for a song from SC8001 and a song from SC8007, and a song from SC8115, etc... to be made for me on a unique disc? If the answer is the latter, then wouldn't those discs be considered to be a downloaded product? After all, the songs were not on a pre-made disc, and someone had to download the specific tracks that I requested, in order to burn it to a disc and then send it out to me.
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