Song on Wire: A Technical Analysis of ReDigi and the Pre-Owned Digital Media Marketplace By James Huguenin-Love* Download a PDF version of this article here. Introduction I. ReDigi Case A. Facts B. Reproduction Right C. Distribution Right D. Fair Use and First Sale Defenses II. Reproduction Right Pertaining to Previously Owned Digital Media A. Argument Made by ReDigi 1. Was ReDigi’s Argument Dismissed Too Casually B. File Sharing Zeitgeist III. Storing Digital Files on a Hard Drive Is Fixation Capable of Being Moved Without Being Reproduced A. Fixation of Sounds in Physical Structures B. Fixation of Sounds in Transferable Material Objects IV. Distribution Right Pertaining to Previously Owned Digital Media V. Policy Considerations A. Less Law, More Feel? B. Global Policy Divergence C. Economic Policy VI. Future Outlook of Previously Owned Digital Media A. Possible Solutions 1. Legal Battle Option 2. Technological Workaround Option 3. Contractual Option Conclusion Continue reading →
