Does the Right of First Sale Still Exist?
I just posted an eBay auction for a song I bought from the iTunes music store. It should be interesting to see how this works out. I only spent $0.99 on it but I bought the song just as legally as I would a CD, so I should be able to sell it used just as legally right? [90% Crud via Furdlog | Bag&Baggage | /.]
I don't see why not as long as he sells it once and removes it completely from his computer.
However, an eBay representative said the item would be removed, since "it does indeed violate eBay's listing guidelines on the sale of products delivered electronically through the Internet."
[iTunes auction treads murky legal ground; see also Ebay kills itunes single song auction]
Update: Ernie says "[t]he EFF shouldn't endorse this sort of ramshackle legal challenge. It can only serve to diminish their credibility when they have to endorse a more seriously mounted legal challenge to DRM, which is certainly going to happen one day soon.
Update II: Frank Field follows up for us here.
I don't see why not as long as he sells it once and removes it completely from his computer.
However, an eBay representative said the item would be removed, since "it does indeed violate eBay's listing guidelines on the sale of products delivered electronically through the Internet."
[iTunes auction treads murky legal ground; see also Ebay kills itunes single song auction]
Update: Ernie says "[t]he EFF shouldn't endorse this sort of ramshackle legal challenge. It can only serve to diminish their credibility when they have to endorse a more seriously mounted legal challenge to DRM, which is certainly going to happen one day soon.
Update II: Frank Field follows up for us here.
