The whole "they're not physically your bits" argument never made a lick of sense. They never would be after you uploaded them over the Internet. The whole cas

The whole "they're not physically your bits" argument never made a lick of sense. They never would be after you uploaded them over the Internet. The whole case depended on the Doctrine of First Sale not applying to CDs, so that's what the courts agreed to. The record companies could have gone after second hand record stores, at least the ones that sold CDs, if they wanted to at that point but it was kind of unnecessary because they were already dying.