[x-pubpol] USA: Federal Judge: This ReDigi Thing Is a "Fascinating Issue..."

[Joly MacFie]

http://digitalmusicnews.com/permalink/2012/120207redigi


Looks like Capitol Records has to beat ReDigi the old-fashioned way:
through a long, expensive, and seemingly-endless court battle.  Late
Monday, District Court judge Richard J. Sullivan ruled that Capitol's case
against ReDigi must be heard, based on important principles related to
digital resale, cloud-based computing, and other technological and legal
questions.

And guess who's sitting at the 50-yard line for it all?  Sullivan has
tossed a request by Capitol for summary judgment, and can't wait for the
technological back-and-forth.  "This is a fascinating issue," Sullivan
opined while denying Capitol's request for a preliminary injunction. "It
raises a lot of technological and statutory issues."

Actually, this is exactly the result that Google had been hoping for.  Last
week, Sullivan abruptly told the search giant to mind its own business, but
Google felt that Capitol v. ReDigi needed to be heard to clarify important
legal guidelines related to cloud-based computing.  Now, that day is
happening in court.

But wait: even if ReDigi wins, can they then win the more important battle
for customers?  ReDigi's used MP3 model assumes that people actually want
to sell their old downloads, and only iTunes-purchased tracks will work in
ReDigi's marketplace.  "Our advanced technology can distinguish legally
acquired online music files from those ripped from a CD or file shared, but
more significantly, our use of cloud computing and other modern computer
techniques makes transfer of ownership compatible with copyright
regulations," explained ReDigi CTO Larry Rudolph.  "Technology can now make
the virtual goods feel like physical."

In a response early this morning to Digital Music News, Capitol owner EMI
vowed to fight the case.  "We fully expect that ReDigi will ultimately have
to answer for its clear acts of infringement," said Alasdair McMullan,
executive vice president of Legal Affairs at EMI Music North America.

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