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Testing The Right To Resell Downloaded Music

David Gerard writes "A man has bought a song from Apple iTunes and has put it up for sale on eBay. "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?" Does the Right of First Sale still exist?" The seller says he's seeking attention, but not to himself. Rather, he calls this "an experiment in property rights in the digital age," and promises not to keep a copy once the sale is done.

28 of 802 comments (clear)

  1. Son of a bitch. by BoomerSooner · · Score: 5, Funny

    I sold that song yesterday for $0.25. If I'd only known that I could post it to slashdot.

    Slashdot, News for Nerds and eBay listings.

  2. Highest Bidders Name by Hex4def6 · · Score: 5, Funny

    The highest bidders name at this time is a guy called Unicks - judging from his name, I wonder how much trouble he's goiong to have to go through in order to play it :)

  3. read the article? by evacuate_the_bull · · Score: 2, Funny

    In case you're curious, the filename is 07 Double Dutch Bus.m4p and it is 3,391,504 bytes long or 3.2 MB

    it's probably an .m4p

    but not for long ;)

    --
    Satanists get good grades too...suspiciously good grades
  4. Rip. Mix. Bid. by Anonymous Coward · · Score: 1, Funny

    Rip. Mix. Bid.

  5. Terrible Choice Of Song by RobertPearse · · Score: 4, Funny

    Jeez, what a terrible choice for testing legal rights. Why couldn't he have picked something like "Money", "Fight For Your Right (To Party)" or "Equal Rights" by Peter Tosh.

    Or maybe he's should pay the buyer to take the crappy song from his crappy collection of movie soundtracks.

  6. Coming soon to an OS X Mac near you... by Anonymous Coward · · Score: 4, Funny

    "Software Update has found the following updates:

    iTunes 4.0.2
    Closes loophole in iTMS EULA which implies transferability of purchased music to a third party. It is recommended that all users of iTunes install this update.
    "

  7. Re:That's the joy of eBay by Anonymous Coward · · Score: 1, Funny

    Gee, thanks for justMichael's eBay 101. You are an asset to the community.

  8. Shipping? by CGP314 · · Score: 5, Funny

    Will ship to United States only.

    Are there high email costs to other countries that make shipping too expensive?

  9. Re:Apple usage policy by NanoGator · · Score: 2, Funny

    "Jesus, read past the damn headline... He already said there isn't anything in the agreement with respect to transfer. "

    Betcha there is soon.

    --
    "Derp de derp."
  10. Re:That's the joy of eBay by Anonymous Coward · · Score: 1, Funny

    yup, you can dump a Dell or an Apple on there and sell it for more then retail if you're lucky. If you look for deals, you can make money hand over fist...

    If it's on eBay, it MUST be cheaper! Why look anywhere else?

  11. Profit! by terradyn · · Score: 2, Funny

    1. Buy song for 99 cent.
    2. Post on ebay.
    3. Media blitz (tell slashdot money is going to EFF).
    4. ???
    5. Profit!

    In order for 5 to work, guess what he has to do in 4.

  12. Re:DRM Restriction by Odinson · · Score: 5, Funny

    By clicking this you agree to ship us your first born postmarked within 48 hours (business days only). Click here for packing instructions.

    Just because it's in a contract doesn't mean it's legal. Much less enforcable, moral, or in a sane alignment to the natural doctrines of the free market and capitalism. It just means another lawyer is off the bread line.

  13. Re:DRM Restriction by terrymr · · Score: 4, Funny

    Suppose all credit cards came with an indentured servitude clause?

    You mean yours don't ? Damn I'll have to get some new ones.

  14. Re:Huge profit by Grishnakh · · Score: 4, Funny

    It's up to a whopping $300 now!

    I wish I had thought of this...

  15. Re:eBay auction by El · · Score: 4, Funny

    I hope the winning bidder is a lawyer!

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  16. $320!!?! by LaForce · · Score: 5, Funny

    With all this bidding you're going to convince the RIAA that their music might actually be worth the ridiculous numbers they use in their court cases. Then when cost goes up, everyone who hasn't purchased the new CDs can be sued, because the decreased sales must mean that everyone is pirating! Whee, slippery slopes are fun! :)

  17. Shoulda been Metallica... by siskbc · · Score: 4, Funny
    ...that would have been damned funny. ;)

    Suck on this, Hetfield.

    --

    -Looking for a job as a materials chemist or multivariat

  18. Re:I like freedoms and stuff very much but... by rarose · · Score: 3, Funny

    Yes true and all, except this guy has deliberately made himself *VERY* *VERY* high profile.

    For him to pirate now is like slamming on your brakes screeching to a stop next to a cop car, flipping him the bird and then peeling out down the street in a Hazard Yellow Ferrari. You ain't going to blend into the background...

    --
    --Rob
  19. Re:How much will he get for it? by frodo+from+middle+ea · · Score: 2, Funny
    I got the memo.

    And yet you haven't put on the coversheet on your TPS report.?

    --
    for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
  20. Who knew? by 3ryon · · Score: 1, Funny

    Finally, at last we can fill in all of the steps.

    1. Download song from Apple.
    2. Post song to Ebay.
    3. $9,699 profit!

  21. Check his feedback!! by nolife · · Score: 5, Funny

    Potential scam!! The seller only has 1 feedback and it's over 6 months old. It's only a A++++++++. I'd be careful of anyone who recieved less then 15 +'s in a single feedback comment. Buyer beware.

    --
    Bad boys rape our young girls but Violet gives willingly.
  22. Re:Sounds reasonable by MicroBerto · · Score: 2, Funny

    I was the fastest bighweels rider in the neighborhood. You'd be toast where I came from, buddy.

    --
    Berto
  23. Re:How much will he get for it? by JonnyElvis42 · · Score: 3, Funny

    Having seen Palm Pilots that went for $199 in stores go for $289 on e-Bay, it'll be interesting to see how high the price for a $0.99 song goes.

    Let's just say that the profit margin seems to be a little bit higher on resold digital music.

    Wait till all the venture capitalists find out!

  24. Re:Huge profit by Anonymous Coward · · Score: 5, Funny

    According to the RIAA, the song is at least worst $150,000.

  25. I don't get it by BoyHowdyAAF · · Score: 2, Funny

    I don't get it. Why would people want to sell a song they downloaded?

    ::listens to Mandy Moore song just downloaded from iTMS::

    Oh. Now I get it. ;)

  26. Re:$9,600?? by TNLNYC · · Score: 2, Funny

    At this rate, this little track may end up making more money than the movie it's associated with :) Well, not quite but considering how quickly the auction is going up...

    --
    Check out http://www.tnl.net/blog
  27. It's just the price of immortality by throbbingbrain.com · · Score: 2, Funny
    It's up to $9,700 now! Is this an exercise in copyrights or stupidity?
    Why have a star named after you when you can immortalize your name forever in a high profile copyright case?
  28. Don't these fuckers get it? by Ritontor · · Score: 2, Funny

    This is exactly why i'll never sign up for some DRM protected online music/video/whatever system. If I buy something, I feel it is my right to do whatever the fuck I then want with it, even if it's illegal. What other industry has this sort of control over the product you've purchased post sale? I can't think of any.

    If i go and buy a screwdriver, i'm sure that i can take it to my friend's house and use it to screw together a cupboard. I'm sure i can also take said screwdriver and stab a hobo to death with it. Can you imagine living in a world where your screwdriver automatically self-destructed when you stuck it in to a hobo? Or that the hobo would somehow magically not die from being stabbed by it? Just because something is digital does not mean it should be protected as such. The governments of the world should put a stop to this fucking nonsense before it gets totally out of hand. I *PAID* for my right to stab a hobo, and by christ that's what i'm going to get.

    Until I can pay to download content that is DRM free, i'll continue to do what i've done for years now - download off of p2p, and if i like the album, i'll buy the vinyl direct from the artist.

    --
    Perhaps the answer to the problem of teenagers dropping bricks from motorway and railway bridges is to sue Tetris.