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iPod May Become Next Fair-Use Battleground

Posted by Zonk on from the my-pod-my-rules dept.

jaredmauch writes "USA Today is reporting on a trend of selling iPods on eBay which are preloaded with music and movies. This raises interesting questions about the legality of the files, including those that offer seemingly legitimate services of transcoding DVDs for the iPod video (while selling you the DVD disc as well)." An example from the article: "A 60-gigabyte video iPod loaded with 11,800 songs, with a starting bid of $799. The iPod alone would cost about $400. 'I don't see how it's different than selling a used CD,' seller Steve Brinn, a Cincinnati pediatrician, wrote in an e-mail to USA TODAY. 'If the music industry asked me not to do it, I just wouldn't do it.'"

4 of 334 comments (clear)

  1. Bullshit, Bullshit, and more Bullshit by gbulmash · · Score: 5, Insightful
    The sellers are using the same argument many software spammers use. "We're not selling you the software. You should already own the software. We're just selling you a backup copy... wink, wink."

    The same reasoning could be used... "I wasn't selling him cocaine illegally. I was filling his prescription for cocaine. No, I didn't check to see if he had one. I made it clear that if he didn't have a prescription, he shouldn't buy the cocaine from me."

    Think the cocaine argument would fly in court? Then why would the fair use argument these pirates are trying stand up? It just doesn't hold water for me.

    - Greg

    --
    Start a happiness pandemic
  2. Used Music No More by Anonymous Coward · · Score: 5, Insightful

    Does anyone notice that, in about ten years or so, when almost all our music is digital, the used music market will start to drop off? Eventually, as long as we don't create another audio-featuring medium, no one will be able to buy any used music from anyone.

  3. eBay won't let it be... by altheusthethief · · Score: 5, Insightful

    Quite simply, selling a backup of any medium on eBay is strictly prohibited. A good example of where this enforced, is when a vinyl is sold with a CD-R copy of the record.

    Given the fact that you can't buy movies on iTunes yet, this is a no-brainer. Even if the iPod were sold with original copies of the CD, it's still a breach, and as such can't be sold.

    The real interesting point here is whether or not eBay is open to the sale of "used" MP3s, and how in fact the ownership of these items can be transferred if at all.

    Currently MP3/AVI/MP4 are all considered to be backup mediums, and as such are removed for Unauthorised Copies.

  4. Re:Modify the article title... by slowbad · · Score: 5, Insightful
    Everything makes perfect sense once you repeat to yourself, "DRM is not there for my benefit"

    Spend five minutes in a Cingular wireless store and you will see what the average person thinks
    when they aren't able to transfer previously purchased ringtones or games to their new phones.