A Judge May Have Found a Better Way Courts have been struggling for several years now with how treat online anonymous speech when faced with requests to unmask the identities of the anonymous speakers. I outlined the issues previously in these two blog posts, but the...
Digital Content: Dumb Data or Clever Instructor? I received so many comments on my ReDigi post that I need to write a couple of follow-up posts to address the good questions. This post and the next will focus on questions raised about the fact that ReDigi needs to...
What Old Cases Don’t Teach us About New Tricks In my last post, we started to look at the legal claims made by the RIAA in the demand letter it sent to ReDigi. We focused on the plain language and legislative history of the first-sale statute–banged our...
The RIAA Strikes Back So it turns out that the RIAA isn’t cool with ReDigi. So much for the maybe-they’re-secretly-licensed theory. You can read the RIAA’s demand letter to ReDigi here. It raises an issue I hadn’t considered before, so wrapped up was I in...
When is Making Temporary, Intermediate Copies a Fair Use? Last time, we discussed whether ReDigi could avail itself of the “essential step defense,” on the theory that making intermediate copies of the music files was necessary for ReDigi to carry out its (assumed*)...
