US District Court, Southern District of New York No.12 Civ. 95 RJS (Capitol Records LLC v ReDigi Inc)
The US District Court of New York found that the second hand digital music platform of ReDigi violated Capitols copyright in the music by allowing users to upload and sell music they had previously downloaded rightfully onto their computer, iPod or other device. The First Sale Doctrine would not apply because it was not the music file on the tangible device that was sold on but a copy of it created in the process of uploading the music to the platform.
ECJ C 128/11
The European Court of Justice decided recently for the sale of second hand software that the used software did not have to be transferred with the device it was first downloaded onto for the software vendor's distribution right in the software to exhaust but it was sufficient for the second buyer to make a new copy on another tangible device by downloading again from the software vendor's website.
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