IS THE CJEU LIKELY TO EXTEND THE USEDSOFT RULING TO WORKS OTHER THAN SOFTWARE?
Finally, 17 voters (15%) feel that the answer will really depend on whether the CJEU approves of the IP owner's conduct.
|Things will change, as the UK is|
introducing a specific exception
|How could you ever think |
of reselling his songs?
But can the same be said also with regard to original (not "further") copies?
(1) is all about "original" (not "further") copies, and
(2) requires the original (not the "further") copy to be erased.
As discussed in earlier posts (here) ReDigi, which was launched in 2011, is based on the possibility for users to sell their own music library and/or buy pre-owned music. ReDigi takes a small cut from every transaction made on its site. Songs sell for an average of about 60 cents, compared with a typical 99 cents on iTunes. First-time users are requested to download proprietary software, which verifies if a file was bought legally. If the song checks out, it is then erased from the seller's hard drive and uploaded to ReDigi's computer servers. This system is said to prevent sellers from reinstalling a sold song to their computer, and offers users the chance to check their libraries for illegal music.
As mentioned, to fall within the proposed UK private copying exception, it is required that “the further copy is made for that individual’s private use for ends that are neither directly nor indirectly commercial.” However, what draft Section 28A(2)(b) appears to legitimise is the transfer of the original copy (ie the iTunes song), and commercial/non-commercial considerations might be intended to encompass solely the "further copy".
If the above proved correct, then the UK would legitimise second-hand digital marketplaces via copyright exceptions (private copying), rather than exclusive rights and the principle of exhaustion.