A Market For Used MP3s... Or A Parody To Prove A Point?
from the this-can't-be-serious dept
ChurchHatesTucker was the first of a few readers to send in the news about a new website claiming to have set up an online system for selling "used" or secondhand MP3s. The whole idea, of course, is fairly ridiculous, which leads me (and CHT) to believe that this is more making a statement to show just how silly it is whenever recording industry types try to treat digital copies as if they were physical objects, or declare that "downloading an MP3 is no different than walking out of a shop with a CD you haven't paid for." If so, bravo for the satire. If, however, this actually is real, I imagine it will survive all of about a day, before it gets shut down.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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but if i buy an MP3, i don't own it? i can't resell it? you can argue because i'm buying an infinite good that i don't 'own' it. so really theyre trying to say i've rented it.
but what if i buy a CD, rip it to itunes, and then resell the CD? i still have most of what i paid for, but i sold the CD.
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Some might argue that what you paid for was the CD. Especially if they believe that music wants to be free.
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So here's what I think everyone should do. First purchase some tracks from Amazon for $.89 - Some really obscure crappy ones you don't even like. Next, post them for sale for $9.99. [Make sure you delete your copy from your devices if anyone actually purchases the track.] Sit back and watch the RIAA go nuts.
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And using your suggestion, then putting said mp3 up for (re)sale, it's a seemingly ironclad way to put DRM-free mp3's into legal distribution channels. Of course you probably have to notify iTunes somehow that you no longer own a license for the song in question.
I do wish I could watch the smoke coming out of RIAA's ears trying to figure out how to squelch it.
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Can I sell my unwanted tracks from a CD?
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Re: Can I sell my unwanted tracks from a CD?
Think of bulk candy buying: if you buy a bag of KitKat's, you'll notice they are labeled 'not for individual sale' so you can't buy the bag and then sell some of them individually.
My guess is the same concept applies when purchasing an entire album vs as individual songs.
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Re: Re: Can I sell my unwanted tracks from a CD?
this may work for Candy, but I beg to differ when replacing the "KitKats" in your analogy with a 6-Pack of beers... which CAN BE sold separately - and often times, are.
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As for the candy analogy, just because the manufacturer says you can't doesn't mean that it is a legal requirement. Only a statement by them that may or may not be legally enforceable - last I checked, unless you contract with them and limit your rights, once a good is bought it is yours to re-sell as you see fit.
I love the idea of re-selling MP3s. This could literally be the idea of the year that finally gets everyone to wrap their head around this issue. Good times!
Freedom
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Although I would beg to differ that they are actually being ripped off. Everybody knows its not exactly healthy food and made in a plant that contains peanuts. =)
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So does all writing on candy bar wrappers have the force of law? Who is the lawful authority in this case, Willy Wonka?
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check it out guys thats the site.
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Now That's Entertainment
Get some popcorn, a drink and pull up a barcalounger.
Will it be a DMCA, C&D, or a threat letter.
Anyone got a pool going ?
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Re: Now That's Entertainment
This will be entertaining.
Get some popcorn, a drink and pull up a barcalounger.
Will it be a DMCA, C&D, or a threat letter.
Anyone got a pool going ?
Aren't those one and the same when coming from the RIAA? I'm for the simplistic threat letter since there doesn't seem to be much in the way of legal grounds for a DMCA or C&D.
Definitely, this is going to be entertainment!
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Re: Now That's Entertainment
Oh, no, wait, that would be online gambling. Never mind then. I'll just go talk to my state-sanctioned bookmaker.
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FAQ
From their FAQ section:
Q. What is bopaboo?
bopaboo is an online marketplace that allows you to legally transfer and resale digital music. Unlike, peer-to-peer file networks - bopaboo never creates duplicates of your music.
Q. Can I download another copy of my MP3 files after the initial purchase?
Your purchases on bopaboo are always stored in your bopaBox until you delete them.
So does bopaboo create copies??
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KitKats analogy
Nonprofits frequently buy large packages of candy and sell them separately for fundraisers. This does not seem to be illegal, so I would presume that the same thing would be true of individually selling songs you've purchased. You'd still have to make sure you paid taxes, though.
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Non-profits and candy
If you want to sell Kit Kats separately, simply make a copy of the Nutrition Facts and the Ingredients and tape a copy on each bar. Problem solved.
You'll notice that at some stores some off-brand company is selling Smarties or Pixy Sticks in a weird, circus-colored bag. In fact, I have even seen mini-Kit Kats with the warning on them in one of these bags. Because they copy the ingredients, they are fine.
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The Money Goes In
Hrm....
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How about this.
A service similar to itunes except that you trade songs with friends. So your library is essentially the collective library of all your friends on the service (my own thought is that anybody using the service is an implied friend ala I said hi on the message board, everybody knows me). One copy of the song can be kept, or the service could keep all the files centrally. As long as no more people are listening to a song at a given moment than there are legally held copies the system should be legal. If you want to change sharing to reselling music for a cent whatever, nominal fee for infinite music.
Theoretically this model could be extended to any type of file. You could also restrict things if you would like to require a checkout process for borrowing a user's file, such that they could reserve or hold a movie or song for a specific time.
Is there anything illegal there?
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Re: How about this.
Illegal, maybe not. Is there anything there the RIAA would attempt to crush with a hail of lawsuits? Certainly.
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Illegal Copies
Sounds like my dreams are coming true... money for nothing!
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From their blog:
hhmmmm?
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Jointly owned by online music and movie club?
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What about stores selling and renting used DVDs and CDs?
I call that a "value added" mp3 player, because the purchaser doesn't have to go through all the crap necessary to buy music online. FREE is EASY. Purchasing is complex. So, I'll just SELL my mp3 player, thank you. And if Apple or MCI sues me, I'll file bankruptcy. Let them go after the commercial enterprises and leave us FANS and MUSIC LOVERS alone.
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Plausable
Is every Mp3 file after the one recorded of converted a used file just as when you drive you new car off the lot?
StopWhining has a point and it is why I buy books and CDs from people who use Creative Commons License because they will use the money to create more art rather than to sue someone's grandma.
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But what if you add the step of transfering over the internet? So instead of physcially going to my friends house, I transfer it over the internet. As long as it ends up on a CD/DVD, it's okay right? Plus what if you transfer to mp3 first, then you can put lots of music onto one CD (even more on a DVD), way more than a store bought CD.
Does this apply to only music? What about software, movies etc?
Mike, I would really like if you did a piece on the levy in Canada, and explore these possibilities. Is file sharing legal in Canada now?
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This could have HUGE impacts down the road (for the better).
I'd be interested to see how the site could be shut down. In theory, it can be quite legit.
If we can take our used CDs in for resale, why not our MP3? There's no guarantee we didn't make a copy of the CD before reselling, so there's no issue on the MP3 as well (assuming users deleted the song from their library).
I would LOVE to see the music industry try and sue this site for any copyright violation. If the site takes down the MP3 after the first sale, they'd be set to take on the challenge since it would be NO different than the CD itself.
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good idea if...
I would love to be able to buy cheaply songs online that are quality and to resell them when I want along with the DRM rights. Until they raise the standards of audio quality though I won't be buying, or, obviously selling any.
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although...
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Scholarship
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