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Capitol ReDigi Court Fight

CAN YOU RE-DIGIT? Capitol Records’ case against digital music reseller ReDigi looks to be turning into a real court battle. Last night, District Court Judge Richard J. Sullivan ruled that EMI’s case against the company must be heard, based on important principles related to digital resale and cloud-based computing, among other technological and legal issues. Sullivan denied a request by the record company for summary judgment, declaring, "This raises a great many technological and statuatory issues," while denying Capitol's request for a preliminary injunction. " Google has been watching the case very closely lobbying for it to be heard to clarify legal guidelines related to cloud-based computing. ReDigi’s used MP3 model targets people who want to sell their old downloads, though only iTunes-purchased tracks are eligible for sale. "Our advanced technology can distinguish legally acquired online music files from those ripped from a CD or file shared, but more significantly, our use of cloud computing and other modern computer techniques makes transfer of ownership compatible with copyright regulations," explained ReDigi CTO Larry Rudolph. "Technology can now make the virtual goods feel like physical." EMI Legal Affairs EVP Alasdair McMullan told Digital Music News Capitol will continue to fight the case: "We fully expect that ReDigi will ultimately have to answer for its clear acts of infringement." (2/7a)

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