Re: ReDigi ruling means no used ebook market [in my opinion]

I wouldn't count chickens yet. I'm not a lawyer and all that, but this
is only the opening shot in the case. There are still appeals, and the
idea is novel enough it might very well go all the way to SCOTUS.
There really was never any doubt how the ruling at the district court
level would go; most courts at that level tend to feel constrained by
existing law, If the law doesn't perfectly fit the new digital
reality, it's not their job to change or reinterpret it--that gets
left up to the appellate courts.

It'll be really interesting to see how it goes in those.

On Tue, Apr 2, 2013 at 9:07 AM, josephHarris <joe9438-/[email protected]> wrote:
> The finding of the Federal Court [CAPITOL RECORDS,LLC, VERSUS REDIGI
> INC.,- MEMORANDUM AND ORDER
>
> March 30, 2013 -
> http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1334&context=historical
> ] do, in my opinion, have adirect bearing on the issue of digital copies
> of books offered for used sale. Any attempt to run a used ebook market
> would, according to my reasoning, fail in court.
>
> "ReDigi's business is built on the erroneous notion that the first sale
> defense permits the electronic resale of digital music".
>
> "Thus, the plain text of the Copyright Act makes clear that reproduction
> occurs when a copyrighted work is fixed in a new material object. [See
> Matthew Bender & Co., Inc. v. W. Pub. Co., 158 F.3d 693, 703 (2d Cir.
> 1998).]
>
> "[t]he copyrightable work comprises the aggregation of sounds and not
> the tangible medium of fixation. Thus, 'sound recordings' as
> copyrightable subject matter are distinguished from 'phonorecords[,]'
> the latter being physical objects in which sounds are fixed." [H.R. Rep.
> No. 94-1476, at 56 (1976). ]
>
> "... in London-Sire Records, Inc. v. John Doe 1, the court addressed
> whether users of P2P software violated copyright owners' distribution
> rights. 542 F. Supp. 2d 153, 166 & n.16 (D. Mass. 2008). Citing the
> "material object" requirement, the court expressly differentiated
> between the copyrighted work -- or digital music file -- and the
> phonorecord -- or "appropriate segment of the hard disk" that the file
> would be embodied in..."
>
> ""Accordingly, when a user downloads a digital music file or "digital
> sequence" to his "hard disk," the file is "reproduce[d]" on a new
> phonorecord within the meaning of the Copyright Act. Id "
>
> "This understanding is, of course, confirmed by the laws of physics. It
> is simply impossible that the same "material object" can be transferred
> over the Internet. Thus, logically, the court in London-Sire noted that
> the Internet transfer of a file results in a material object being
> "created elsewhere at its finish." Id. at 173. Because the reproduction
> right is necessarily implicated when a copyrighted work is embodied in a
> new material object, and because digital music files must be embodied in
> a new material object following their transfer over the Internet, the
> Court determines that the embodiment of a digital music file on a new
> hard disk is a reproduction within the meaning of the Copyright Act."
>
> I couldn't (and haven't) said it better myself. My conclusion is that
> the same logic applies to ebook files as to music files. The
> determination is 17 pages, and worth the read.
>
> Joseph Harris
>
>
>
> [Non-text portions of this message have been removed]
>
>
>
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