iTunes song for sale at eBay

Jari Ketola
3 Sep 2003 12:52

A man called George Hotelling has posted an eBay auction for a song he bought from Apple's iTunes music store. He's trying to find out whether or not he has the right of first sale to the song.
"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?" he writes. The highest bid for the song is, as of writing, at $350.
The question rised by mr. Hotelling is definitely a valid one. When you buy a CD and then sell it, you're not really selling the physical medium, but the immaterial contents of the disc. The same rules should apply to purchased downloads. According to Hotelling the iTunes service agreements in no way deny transferability.
Update 9/4/2003 15:45:
eBay has removed the item for violating our [eBay's] Downloadable Media Policy.
Please visit Hotelling's page for more information.
Source:
Slashdot.org
George Hotelling

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