4 ms·
Selling "Used" MP3's
Can I legally sell "used" MP3's? Or, more generally, can I resell the digital goods that I buy online?
Could I create a marketplace for used digital goods? It would facilitate the buying and the selling and "ensure" (to the greatest extent possible) that the seller's copies are destroyed.
I read about a company called Bopaboo (used MP3's) but I'm not quite sure what happened to them.
I think a legal discussion might involve the "first sale doctrine".
- mr_eel 16y agoI would think that the first sale doctrine doesn't apply here. Purchasing digital goods is more akin to licensing rather than the purchase of a physical good — which implies complete ownership and the right of resale. Your question could be quickly answered by looking at the licensing terms in digital-shops. I'm pretty sure most would forbid resale. The question is; are these licenses enforceable and can you actually argue the first sale doctrine. My gut feeling is no.
- yarone 16y agoI too believe that as the world-at-large transitions to digital goods, traditions around ownership will persist. Folks will just assume that since they bought it, they own it and can resell it.
- bdfh42 16y agoIn theory, the development of some notional (and effective) Digital Rights Management software widget would enable a situation where each purchased copy of an MP3 could be considered a distinct object in it's own right. This could, in turn, re-enable the "first sale" doctrinal concept - the seller would relinquish the object to it's new owner cleanly and without any "residue". However I suspect that if ever such a magical DRM widget were created it would be applied by music publishers in a way that would suppress any such free market.