Redigi Asks Appellate Court To Overturn Its Trial Loss To Capitol Records

Still Fighting

Several years ago, ALL ACCESS reported U.S. District Judge RICHARD SULLIVAN had ruled in favor of CAPITOL RECORDS LLC in that start-up REDIGI INC had infringed upon the label's music copyrights (NET NEWS 4/1/13). He ruled that REDIGI was not authorized to allow listeners to use its platform to buy and sell "used" digital music tracks originally bought from APPLE INC.'s iTUNES website.

The story doesn't end there, as MEDIAPOST reports REDIGI, "is still hoping to be vindicated in court. In FEBRUARY, REDIGI asked an appellate court to reverse the trial judge's decision -- which, according to the company, leaves consumers unable to re-sell digital music, short of selling their hard drives or other physical equipment. 'One does not need an advanced degree in economics to realize that no secondary market for previously purchased iTunes music files can ever develop if consumers are required to give away their computer hard disks as part of any resale,' the company argues."

MEDIAPOST notes, "A host of outside observers, including the AMERICAN LIBRARY ASSOCIATION and INTERNET ARCHIVE are backing REDIGI. They argue that a victory for the company would also benefit libraries by clarifying that services like e-book lending are legal. REDIGI also argues that its service is protected by fair use principles, noting that consumers already have the right -- known as the 'first sale' right -- to re-sell physical products. The company said its service 'further(s) the public interest by extending reasonable first sale protection to all lawful owners of copyrighted iTUNES music files'."

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