Rants and Ramblings: random commentary about culture, media, politics, technology and whatnot.

selling digital music

In an interesting legal test, a Michigan man is selling a track he purchased from the iTunes Music Store on eBay. In a posting to his weblog, George Hotelling writes:

Does the Right of First Sale Still Exist?

I just posted an eBay auction for a song I bought from the iTunes music store. It should be interesting to see how this works out. 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? …

I’d like to respond to a few points made by people:
1. It’s true that I’m seeking attention, but not for me personally. This is an experiment in property rights in the digital age, something that’s gotten surprisingly little attention.
2. I’ve read the iTunes agreements and found nothing denying transferability. This isn’t any more a commercial venture than selling CDs at the local music store, I’m not incorporated or even DBA. Furthermore, in case anyone thinks this is a cheap way to make a buck I will be donating all profits to the EFF.
3. When the song is successfully transferred, I will not be keeping a copy of the song. If I don’t own it I shouldn’t have a copy.

The question here is whether one has the right to sell a digital file that one has purchased, much like one might sell a used book or CD. (Granted, the music industry isn’t all that fond of used CD sales, either, but no one has ruled that it’s illegal.)

There’s an interesting discussion going on about the topic over on Slashdot.