Capitol Records v. ReDigi Decided!

Capitol Records v. ReDigi, a court case revolving around whether people can sell their used  iTunes tracks through ReDigi has been decided at the district court level. “No, siree” is the answer Judge Sullivan gave. Read a more detailed discussion of the ruling by Kevin Smith here.

It’s especially interesting that Smith wrote, “it seems to me that Judge Sullivan is legally correct in his analysis, and thereby demonstrates that legal accuracy is not sufficient for this rapidly changing technological environment”. If this is a call for the judiciary to take up some legislative burden, then it’s probably a dead proposition out of the gate considering that “judicial activism” seems (to my layman’s eyes) on the grasping defensive. If this is instead a punt back to Congress to revise copyright law, then this fills me with all kinds of dread having read (and been inoculated by?) Jessica Litman’s Digital Copyright and Lawrence Lessig’s Republic, Lost: How Money Corrupts Congress–and a Plan to Stop It describing how the copyright legislation sausage is made.

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