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Author: James Huguenin-Love

Song on Wire: A Technical Analysis of ReDigi and the Pre-Owned Digital Media Marketplace

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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
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James Huguenin-Love December 31, 2014 JIPEL Vol. 4 - No. 1
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