MUSIC FOR THE PEOPLE!!!!!
Can I rent my MP3?
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| Court rules that it’s legal to sell used MP3s https://mail.karaokescenemagazine.net/forums/viewtopic.php?f=26&t=23074 |
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| Author: | Lone Wolf [ Thu Feb 09, 2012 11:01 am ] |
| Post subject: | Court rules that it’s legal to sell used MP3s |
http://news.yahoo.com/blogs/technology- ... 27829.html |
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| Author: | twansenne [ Thu Feb 09, 2012 4:34 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
MUSIC FOR THE PEOPLE!!!!! Can I rent my MP3?
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| Author: | chrisavis [ Thu Feb 09, 2012 4:50 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
I want to know the defintion of "used" and how it would be determined. -Chris |
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| Author: | jerry12x [ Thu Feb 09, 2012 5:04 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
chrisavis wrote: I want to know the defintion of "used" and how it would be determined. Used or unused. I have to agree with you.  Digital can only be pristine. |
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| Author: | c. staley [ Fri Feb 10, 2012 7:13 am ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
chrisavis wrote: I want to know the defintion of "used" and how it would be determined. -Chris Anything that transfers ownership can lose value simply by the transfer itself. Take gold for example.... you pay good money for it when it's "new" but if you want to sell it -- especially to a jeweler -- notice how it's suddenly "USED gold?" Like simply owning it has somehow sucked some of the "gold-ness" right out of it.... like leaching the calcium from your bones. When in reality, no aspect of the gold itself has changed. If you buy a car, it loses value and becomes "used" the second the loan papers are signed --even without driving it. Just ask a banker.... just by owning it (not "using" it) it becomes a "used car." |
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| Author: | Lone Wolf [ Fri Feb 10, 2012 10:58 am ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
A used MP3.....You buy it from what ever source you listen to it you don't like it you can resell it to you friend. Used is anything that you buy and then resell it. U.S. District Court Judge Richard Sullivan ruled that reselling MP3s was a protected right by way of the first-sale doctrine, which states that a person who buys a copyrighted work has the right to sell it. |
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| Author: | c. staley [ Fri Feb 10, 2012 1:20 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
Lone Wolf wrote: A used MP3.....You buy it from what ever source you listen to it you don't like it you can resell it to you friend. Used is anything that you buy and then resell it. U.S. District Court Judge Richard Sullivan ruled that reselling MP3s was a protected right by way of the first-sale doctrine, which states that a person who buys a copyrighted work has the right to sell it. And they don't even have to sell because that "used" mp3 file can be a "gift." I wonder how that logic will fit into HarringtonLaw's theory that they can go after KJ's using music from defunct manufacturers? Do you have "first-sale proof" of every gift given to you? I didn't think so.... Most gifts (unless it is an article of clothing) don't come with a sales slip... because it IS a "gift." Is it my business (or even SC's business) to know who/when/how you receive any gifts? This is an example of the "slippery slope" that allowing such companies to have credence in searching and dictating what you can and cannot use in the operation of your business can cause. If I decide to build speakers, can I go around the country and sue KJ's because they didn't buy speakers from me? Can I sue them to force them to prove to me that they actually purchased the speakers they are using from a company that existed in the past? It certainly seems like it's a very easy step from one to the other... |
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| Author: | Lonman [ Fri Feb 10, 2012 2:24 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
I have customers that have given me cdg's over the years to add to my collection, there would be no proof of sale on those nor any kind of gift receipt. Sometimes I don't even know where they came from, had some new discs sitting on my counter one night when I got in with a note "Thought you could use these more than I" - no name or anything else. Granted they were Sweet Georgia Brown discs, and they don't get used , but they were free none the less.
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| Author: | kjathena [ Fri Feb 10, 2012 3:32 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
Lonman, The thought is sweet when a customer does that. We have had customers bring us books full of discs they found at yard sales, thrift stores ect over the years and it is always with a brimming heart they are accepted even if we will never use them....sometime they are a big suprise once I received an entire set of pioneer CDG's with a set of One hit wonders thrown in by an off brand manu that I love and have never seen again  Love thoseAthena |
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| Author: | SwingcatKurt [ Sat Feb 11, 2012 2:55 am ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
So does it mean that you can ONLY SELL THE MACHINE ITSELF or MACHINE + Music on it? Not clear about that. MP3 Player itself is an empty machine. Music is loaded on it. So are they saying you can sell the COPYRIGHTED MUSIC or must you erase all the accumulated music on the player before legally able to sell it or give as a gift or will it or or or?? |
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| Author: | earthling12357 [ Sat Feb 11, 2012 12:29 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
It has nothing to do with a machine. It's about selling an MP3 that you own. Whether through gift or purchase; If you own it, you can sell it. If you sell it, you can no longer own it. In this case there was software in place to "make sure" the ownership transfer was complete. It's a good ruling based in common sense, but I can see a lot of problems with it in practical application to the rest of the digital media world. Honorable behavior is not taught or valued as it once was. |
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| Author: | JimHarrington [ Sun Feb 12, 2012 1:45 am ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
I'm surprised that anyone is surprised that you can sell a (legally purchased) MP3 file. As long as the sale of a copyrighted work is unrestricted, the first-sale doctrine applies. That's been the law in the U.S. for more than a century (based upon court precedents) and more than 35 years (based upon the statute). That doesn't mean, of course, that you can make a copy and sell the copy. |
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| Author: | Paradigm Karaoke [ Sun Feb 12, 2012 3:09 am ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
it is a product like anything else. makes sense that i could resell it like any other product. |
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| Author: | timberlea [ Sun Feb 12, 2012 4:47 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
Jim, I was thinking the same thing. As long as the original MP3 is sold and the seller doesn't have any copies, what would be the big deal or what would make it illegal. |
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| Author: | twansenne [ Mon Feb 13, 2012 8:28 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
Can someone then sell me their GEM serries? |
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| Author: | earthling12357 [ Mon Feb 13, 2012 8:58 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
Yes, but it's different because the gem is a contract license and not a sale. The terms of transfer are spelled out in the original agreement, and the new licensee would have to agree to the terms. There would be little difference in getting the Gem directly from soundchoice, except maybe price. |
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| Author: | johnny reverb [ Tue Feb 14, 2012 11:05 am ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
  
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| Author: | JoeChartreuse [ Wed Feb 15, 2012 1:01 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
HarringtonLaw wrote: I'm surprised that anyone is surprised that you can sell a (legally purchased) MP3 file. As long as the sale of a copyrighted work is unrestricted, the first-sale doctrine applies. That's been the law in the U.S. for more than a century (based upon court precedents) and more than 35 years (based upon the statute). That doesn't mean, of course, that you can make a copy and sell the copy. I'm taking a shot in the dark here, because I didn't ask anyone first: Aren't all MP3s copies by definition? By that I mean MP3 files on a PC, not on original factory media. In other words, if hard media isn't being sold, then any "used" mp3 would be a copy of the copy of whatever the seller has on the PC- i.e. downloaded tracks, for instance. Downloads are copies of original music to a renewable resource- they are not originals by definition. OK, my head hurts...... BTW, Jim: "Incentivize"?  I think I like it...
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| Author: | jerry12x [ Wed Feb 15, 2012 1:15 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
JoeChartreuse wrote: Aren't all MP3s copies by definition? No mate. All Manu's have time share in a baptist. They're all new. |
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| Author: | Bazza [ Wed Feb 15, 2012 1:49 pm ] |
| Post subject: | Re: Court rules that it’s legal to sell used MP3s |
JoeChartreuse wrote: Aren't all MP3s copies by definition? By that I mean MP3 files on a PC, not on original factory media I think I understand the question. Technically a CD is just a copy of the distro-master, which is a copy of the original master. You could split this hair many times. Even back in the day the "Original factory vinyl" is a copy of the master disc, which in turn is a copy of the original mother disc, which is a copy of the master tape from the studio. Just because a digital file wasn't made in a plastic press, doesn't mean it isn't "original factory media". Every recording studio today is digital. There is no tape and the audio never leaves the digital realm from first recording to end-user file. Does this mean that every song today isn't real or authentic? Of course not. It's akin to saying a straight-to-DVD or TV movie isn't really a movie because it was never on film. <EDIT> Wait. I may have mis-understood. Is this the "downloaded files get changed in the download process so they aren't original" thing again? |
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