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Can Legally Downloaded Songs Be Transferred by Sale?

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Posted by: TotalRecall

Slashdot has an interesting story on someone who is selling a song he downloaded from the Apple iTunes service on eBay. The seller, George Hotelling, has said that this is an experiment on the rights of selling such items and the proceeds will be donated to the EFF.

As of now, the bid is up to $2550 with 6 days to go. His auction is here. Do you think this should be legal? Is there a market for such "used" individual songs?

C|Net has also put up an article on the auction.



Posted by: redwench

it would depend on the agreement with iTunes. in the absence of something to the contrary, i would think he could sell each song he downloaded 1 time, if he deleted it from his computer. but i would guess that iTunes forbids that, or soon will.



Posted by: arturo238

If I remember properly, the iTunes terms of use dictates that the songs cannot be resold after being purchased from iTunes by the end user.



Posted by: Erekose

if he sold it, would he still be considered the end user?



Posted by: arturo238

I am not a lawyer...yet, but I think that the end user is defined as the origonal recipient of the media. I am not entirely sure on this though.



Posted by: TotalRecall

eBay took the auction down.



 
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