Going to Trial: EMI Request to Stop ReDigi Music Reselling is Denied

  • U.S. District Judge Richard Sullivan denied a preliminary injunction requested by EMI which would have shut down ReDigi, a site that “resells” digital music.
  • The ruling means that this case will go to trial and most likely test the concept of digital reselling that ReDigi claims is protected under the “First Sale” doctrine (the doctrine is typically used for the sale of CDs, vinyl records, DVDs and other physical media).
  • ReDigi scans a user’s hard drive and deletes the music the individual wants to sell. However, the CEO acknowledges there’s no way to know if the person has a copy on another drive.
  • EMI asserts that ReDigi must make digital copies of the music, which is unauthorized and a violation of copyright law.
  • If the court rules that it is legal to resell music, it could lead to the reselling of digital movies as well.

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