Capitol Records v. ReDigi and Selling “Used” Digital Goods

Whether a system like ReDigi actually prevents music piracy is an open question. There is certainly a degree of consumer trust involved—and I’m sure it is possible to circumvent the system, at least on a limited basis. But the same is true when buying and selling CDs since it is impossible to be sure that the seller has not made an illegal copy. There are no obvious answers here, but if Congress does consider additional reforms to the Copyright Act, it is worth revisiting whether the technology has changed enough to warrant rethinking the First Sale doctrine for digital goods or if we are willing to accept that the First Sale doctrine is no longer feasible in a digital world.