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Google Asks Court Not To Enjoin ReDigi
NewYorkCountryLawyer writes "Google has sought leave to submit an amicus curiae brief against Capitol Records' preliminary injunction motion in Capitol Records v. ReDigi. In their letter seeking pre-motion conference or permission to file (PDF) Google argued that '[t]he continued vitality of the cloud computing industry — which constituted an estimated 41 billion dollar global market in 2010 — depends in large part on a few key legal principles that the preliminary injunction motion implicates.' Among them, Google argued, is the fact that mp3 files either are not 'material objects' and therefore not subject to the distribution right articulated in 17 USC 106(3) for 'copies and phonorecords,' or they are material objects and therefore subject to the 'first sale' exception to the distribution right articulated in 17 USC 109, but they can't be — as Capitol Records contends — material objects under one and not the other."
In other news, the RIAA have lobbied to introduce new legislation today requiring that all cakes are sold with a second, identical cake to permit posession and consumption without additional cost to an already struggling entertainment industry.
but they can't be material objects under one and not the other
Or could they ?
We already have demonstrated wave-particle duality at macroscopic scale. We could also understand that phonorecords are indeed dual objects, both material and non-material, depending on the way we consider them.
I foresee a new law of physics where those objects tend to please their copyright owners and thus switch from one concept to another accordingly.
Or to paraphrase it: The only good corporation is the dead corporation.
MP3 files are both a wave form and a particle stream, but not simultaneously. The RIAA will tell us which and when.