This is quite possibly the weakest fair use argument imaginable. Actually, I take this one step further: this is not a fair use argument, it's a copyright refor

This is quite possibly the weakest fair use argument imaginable. Actually, I take this one step further: this is not a fair use argument, it's a copyright reform argument; and I doubt a court is going to give you the reform you want. The CDL program rests on a shaky legal theory that's already proven wrong by Capitol Records v. ReDigi. That is, it seeks to argue that as long as we have some DRM technology that lets us recreate the circumstances of something protected by first sale or copyright exhaustion (which, btw, is separate from Fair Use), then we should have first sale rights. I like the spirit of this argument, but it will not persuade a court; because the current law doesn't work this way. First sale works specifically because the act of physical resale does not create a copy and does not tread upon the copyright monopoly even a little. Copying something and then destroying the original (as in ReDigi) does. If you want digital first sale you have to ask Congress for that.