Re-Digi case goes to full hearing

March 2012

Record labels

EMI has failed to get a summary judgement against the MP3 resale website ReDigi, meaning the case will now get a full court hearing which will examine the digital company’s claim that it is possible that American copyright law allows consumers to resell MP3 as the ‘first sale’ doctine must to apply in the digital space as much as it applies to CDs and vinyl.  Whilst Judge Richard Sullivan declined to accept a amicus curiae brief from web giant Google, he has decided that it would be inappropriate to find in EMI’s favour without giving its claim full consideration, mainly because he didn’t feel the major had proven “irreparable harm” in its initial legal papers. The judge declined to issue an injunction against Re-Digi and the site remains open for business pending the trial.

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