What we have are sets of what seem to be very very complex rules: the above cases, and and other decisions probably make little sense to the 'reasonable' or perhaps 'reasonably computer literate' man or woman, and also create a web of challenges for new market entrants. Eleonora has been busy blogging from the Fordham IP Conference in New York, and commented that in the US the current legislative framework is perceived as outdated: the Copyright Act was adopted in 1976 (but negotiated in the 1960s) and the Digital Millennium Copyright Act (DMCA) is already a teen-ager, being 15-year-old. In particular, duration of copyright and the set of exceptions and limitations should be revised, with the US Register of Copyrights Maria Pallante saying that copyright is becoming increasingly unreadable and the result is that it is difficult for people to understand how it works (and sometimes even its rationale), adding that this impairs both the operation and reputation of copyright law.
Many years ago when the digital age was beginning (OK, not that many years ago) I remember having to explain to a senior record label executive that actually even making even a single copy of a CD for personal use, by way of format shifting, was technically an infringement of copyright here in the UK. He was amazed! And baffled. And he made his money out of selling CDs! Prohibition of alcohol in the US in the 1920s merely drove almost all legitimate suppliers out of business, and allowed organised crime to consolidate control and profitability. A nonsensical set of rules governing copyright isn't going to help many - except those who see a profit in playing the system - and a lack of respect of the law really is a poor starting point for any system of governance - especially one within which new business models.have to try to function.
Dan Gillmor's reflections on ReDigi case on the Guardian website here http://www.guardian.co.uk/commentisfree/2013/apr/05/digital-media-licensed-not-owned
More on nonsensical laws here (completely unverified by the 1709 blog I may add) http://www.stupidlaws.com/