so what if i sold my computer and left the library on it? or happen to sell flash drives and didn't know that is where itunes was setup to store music files?
and just to set the rocord straight, i'm no pirate. this music has been acquired gradually by me since i first had an ipod.
Originally Posted by oldguitarboy
That is the $120,000 dollar question my friend. When you read your agreement with the music provider, all they typically grant to you is a non-transferable license to the downloaded item. Kind of like what all downloaded software does...
They will certainly have a basis to claim that your transfer of that licensed material is illegal. And in one sense it does make sense, since the first sale doctrine only literally applies to sales of tangible items that already have copyrighted material embedded with them. (In a book, the tangible item (book) is sold with the copyrighted material embedded on the cover and pages with ink, In a CD the tangible item is sold with the copyrighted material already burnt into the CD).
The computer or flash drive is certainly a tangible item, but it wasnt sold to you with the copyrighted "stuff" already affixed to it.
If the computer or flash is the ONLY copy you have, you would have a much better time of it as you might be able to characterize it as I am getting rid of all of what I have. If there are other copies, you would be just as hosed as someone who throws stuff onto the Pirate's Bay (or I guess you can't do that after last week or so, god bless their imprint on history...)