Lessons from the ReDigi decision

The decision announced last month in the ReDigi case, more properly known as Captiol Records v. ReDigi, Inc. was, in one sense, at least, not a big surprise.  It was never very likely, given the trajectory of recent copyright jurisprudence, that the Second Circuit would uphold a digital first sale right, which is fundamentally what the case is about.  The Court of Appeals upheld a lower court ruling that the doctrine of first sale is only an exception to the distribution right and, therefore, does not protect digital lending because, in that process, new copies of a work are always made.  His reasoning pretty much closes the door on any form of digital first sale right, even of the “send and delete” variety that tries to protect against multiple copies of the work being transferred. Read more