Can You Sell A Song You Downloaded Legally?
from the right-to-first-sale dept
Folks who believe strongly in intellectual property protection for digital goods seem to get very upset when someone brings up the "right of first sale" - which basically says the creator of a good has the right to sell it, but then whoever bought it has the right to go off and sell it themselves at whatever price they would like (I'm sure I'll get some lawyers quibbling on this one). However, in the digital world, this becomes difficult. What if I sell an MP3, but keep a copy? That's the question being asked by a guy who is trying to sell a song he bought on iTunes. He argues that he can sell a CD that he bought legally, so why not an iTunes song? I don't know enough about iTunes to know for sure, but I'd guess that part of the license terms forbid this sort of action (the guy selling the song says he can't find any such rule). Also, the guy has decided that any proceeds he makes from this sale will go to the EFF. I think this is a good thing, as it brings more attention to the issue of right of first sale, which many intellectual property holders want to claim doesn't exist at all.