"Used" FLAC Files For Sale

This is the first time I have seen an ad trying to sell FLAC files someone purchased and used.

http://app.audiogon.com/listings/bad-as-me-tom-waits-96-khz-24-bit-high-rez-flac-usb-2--2

 

Since modern music sales are heavily dependent on downloading, I'm sure this is just the first of many type classified ads to be seen.

And opens discussion on whether this is greatly different from someone selling other used 'physical' media.

 

I thought the license agreement for downloaded music clearly states that the files cannot be sold (i.e. the rights to own the files transferred), or am I wrong?

 

At first I thought it was an 'Official' USB stick that he was selling, but it is literally HD Tracks downloaded flacs put onto a generic USB drive.

I agree with Roland about how I think music is licensed in this particular case. If it had been a 'Special Product' USB drive, as in the case of The Beatles recent releases, I wonder if that would be different? Would it be the same as selling a used CD?

 

I believe there are legal issues with this sale and moral issues as well, but I'd be more concerned with the legal issues.

 

This is the same as selling a CD-R. The seller can sell the FLAC files again and again. No good.

 

Interesting.

 

What a brilliant business model! Little or no outlay and multiple returns.

 

Hey, it works for HD Tracks

 

There would be huge legal issues. You never actually "own" anything from Apple's iStore but just borrow it under license. I'm sure it's being discussed elsewhere here about Bruce Willis planning to sue Apple as he wants to bequeath his music to his kids. So if you can't give it away, I'm sure it's not legal to sell it either? Of course, in the end who's checking?

 

And eBay

 

Maybe the seller is Bruce Willis

http://ipkitten.blogspot.it/2012/09/bruce-willis-to-sue-apple-over-who-owns.html

 

And iTunes, Amazon, etc. Of course, they do it legally. Good money if you can get it.

 

I was reading the terms and agreements on HD TRacks and though I may have missed something there is a constant referral to sale, a sale but the only restrictions related to personal use versus commercial use.

 

He stipulates that it will be sold once and that he no longer has a computer based system with a means to play the files.

 

Well then, there you have it.

Seriously, he could be telling the truth, but he may not be. Of course, if he kept offering the same stuff over and over again, folks would catch on to him and he would likely be banned from the site.

 

There is this in the T&A's


"As such, you, the consumer, hereby agree to adhere to the laws of the protecting copyrighted intellectual property and shall refrain from illegally copying, selling or otherwise exploiting the Products in any manner. Violations of US Copyright Law may result in civil and/or criminal liability."

 

Of course. eBay is supposed to prohibit the sale of bootlegs and counterfeit CDs (and other merchandise) too, but things "slip by" all the time. I'm sure Audiogon has a more legitimate lot of sellers, but I wouldn't put it past someone to try some funny business there.

 

Interesting idea.

Assuming that the seller really is selling the content and destroying any copies (and let's assume for a moment that this is really the case) then it's that pesky first-sale doctrine, or the lack thereof, that's the main problem here. Tmk, it's not permitted given the TOS the user agreed to when the purchase was first made.

 

Not only is he selling the music but it comes with hardware, i.e. the USB stick.

If this becomes a successful business model, certainly it will draw the music industry's interest and legal eagles will be involved, a la Bruce Willis.

 

So far, first sale is not yet defined for non-physical digital goods (it did get a lot of interest in the shrink-wrap software delivery days, though).

The company ReDigi is currently in litigation with the industry, it's progressing slowly. No-one's in any hurry to see an outcome, especially since the Judge refused to shut them down during proceedings.

 

Actually not, I offered to buy it and discovered that his USB port is now bad, but he offer it up on a DVD.

 

How convenient.

 

And, I'm sure that if you bought it from him it would arrive on CDR.

 

He's got Kate Bush's FWFS up for sale as well (HDTracks again).