RIAA bans sales of loaded iPods, even with purchased music

14 Feb 06 00:00 by Seán Byrne in category Uncategorized To news archive

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While it is common to see people selling off old CDs, vinyl (records) and tapes such as at car boot sales, at auctions, eBay, etc. unfortunately this cannot be done as easily when it comes to digital music. For example, eBay has already stopped people who tried auctioning off any iTunes purchased music. Now, it is getting quite common to see consumers trying to sell iPods preloaded with music, so to stop this, the RIAA has now banned the (re)sale of iPods with loaded music, regardless of whether or not this was obtained legally from iTunes, CDs or other sources.

According to the RIAA, they claim this is a clear violation of US copyright law as it is no different to selling a recordable CD/DVD filled with one’s music collection. As a result, the RIAA is now aiming to go after those selling iPods preloaded with music, particularly eBay sellers and are in the process of making an agreement with eBay such that anyone who tries selling a loaded iPod will get a warning.

So far, the RIAA is unsure how to go about handling the TvMyPod issue, since even though this company resells iPods preloaded with DVD content, the customer also gets all the original DVDs that were preloaded. RIAA President, Cary Sherman reckons that they are technically not allowed to do this without a license, but unfortunately there is no such license that exists to cover this. Thanks to RTV71 for letting us know about the following news:

src="http://www.cdfreaks.com/contentimages/newsimages/1363395904" align=right border=0
> Although it may seem like a feasible idea, the Recording Industry Association of America (RIAA) says that reselling an iPod or MP3 player with music already preloaded on it is illegal.

“Selling an iPod preloaded with music is no different than selling a DVD onto which you have burned your entire music collection,” the RIAA said in a statement to MTV.com. “Either act is a clear violation of U.S. copyright law. The RIAA is monitoring this means of infringement. In short: seller beware.” Many people have been selling their used iPods online with thousands of songs preloaded on them.

This decision by the RIAA also clearly shows one major drawback with digital downloads over traditional physical media such as CDs, tapes, vinyl, 8-Track and so on ‘“ one cannot resell digital music they purchased. For example, if one has about 100 songs they bought from iTunes that they would like to sell off, they can’t sell their music on an iPod or DVD as we can see from this RIAA’s decision, they cannot burn it as Audio-CDs to sell off either since there is no way to tell if the CD-R is an illegal copy and finally it is not clear if it is possible to resell the PC either with the iTunes tracks still on it, since technically the iTunes account will still remain in the original owner’s name.

Source: Friday Morning Quarterback

23 Comments

cd11: Posts: 20; Posted on: 14 Feb 06 01:17

is it just me, or does anyone else see this as a bullying tactic by the RIAA to force people to rebuy music, thus giving them even more royalties? since when did people who acts like Cicero get rich?

CORRSA: Posts: 298; Posted on: 14 Feb 06 01:34

riaa seem to b running out of ideas as to what can we attack next ? pity people didnt stand up for themselves more aint it and said up yours to music just for a week would do it they would crap emselves

rla: Posts: 127; Posted on: 14 Feb 06 01:38

I am sure that this move is the result of another unbiased and unslanted RIAA study that has proven the sale of one loaded Ipod sold over Ebay cost the music iundustry 485 jobs and 28 Billion in revenues. With the RIAA already trying to muscle digital radio it wont be long until we will all own Victrolas with cranks patented by the RIAA.
[edited by rla on 14.02.2006 01:39]

jockeycfc: Posts: 18; Posted on: 14 Feb 06 01:46

so let me get this right i go and by something that is now legally mine as i have payed for it but according to some jumped up bunch of over hyped bullying @rsholes i cant sell it on to somebody else.does this mean that i cant sell my radio as it plays music that someone else can list to. thank god i live in the uk and dont have to put up with these tw@ts trying to curtail my liberties

teisho: Posts: 38; Posted on: 14 Feb 06 01:59

I WOULD LOVE TO SEE THE OUTCOME OF THE FIRST COURT CASE. ME THINKS THEY MAY GET EGG ON FACE. UNLESS THE JUDGE IS JUST ANOTHER OF RIAA EMPLOYEES.

I Have Piles: Posts: 586; Posted on: 14 Feb 06 02:18

Pop Will eat Its Self

Zod: Posts: 462; Posted on: 14 Feb 06 02:20

yah the riaa doesn't seem to be backed up by law on this. If the person paid for the songs off itunes, then they probably can legally sell them. Just because the RIAA thinks they banned it, doesn't mean its illegal. the RIAA suck, they just beg people to stop buying their products.

8Track: Posts: 97; Posted on: 14 Feb 06 02:44

So lets say someone buys a van and adds a bed and refrigerator and TV and stove and sells it ... then he/she can be prosecuted for selling a loaded van? I have to tell this one to the people in the office tomorrow, we all need a good laugh. What this will simply do is to drive sellers and buyers underground away from E-BAY. The same way Trance Mix CDs and Promo CDs can now be found at many flea market booths and outdoor swaps. It will get to the point that If someone sold a record player along with 100 albums, that will be illegal too. Whats next after that....CD players ? Because it COULD be used to play bootleg CDs? And the public puts up with this crap, simply amazing.

wildaho: Posts: 1; Posted on: 14 Feb 06 02:50

Although I know the riaa thinks that they have divinely inspired powers, they surely don't have legislative powers to decree law on the fly like this. Granted, they have enough legislators in their pocket to make it law (eventually) but I fail to see how they can make it law just by declaring it in the here and now. How could this possibly stand up in court?

sorti: Posts: 281; Posted on: 14 Feb 06 03:49

The people who are selling the pre-loaded ipods don't pay for the music. If they did sell it loaded with music they bought it would cost like $18k and none of the DRM music is yours you only have a license to use it, not to re-sell it (remember how the RIAA tried to shutdown re-selling CDs?) You people who buy DVDs, and music are paying for them to do this crap; pirate everything and show everyone you know how to pirate everything too. We burn down the old system and let a new one re-form. If you support the old gods with your prayers (money) they will never die. Breaking an unjust property law is something you need to do in this case. Become an intellectual property terrorist make zillions of copies for your friends and neighbors (I'm sure you cdfreaks do anyway but still) Don't support DRM in your CPU (AMD & Intel) or DRM in your TV (HDCP) unless you like to pay retail for every click you make.

heystoopid: Posts: 307; Posted on: 14 Feb 06 03:51

Amazing!, denying peoples' fair use rights, is incredibly stupid, or that of the ignorant, incompetent or the greedy blind inept! Get away with this and soon , they will demand the right to bar the sales of all secondhand, cassettes, 78's , lp's and cd's, unless a royalty tax is charged for every purchaser, for the transfer of personal copyright use, to an authorised second or third party! And, of course shortly after that event, an additional royalty fee for every future playing! Hmm, whilst sponsors of the DMCA, it seems they believe themselves to be above and beyond all common law, that we the people are beholden too! Vive la revolution!, let the revolting continue unabated!

Roj: Posts: 434; Posted on: 14 Feb 06 04:29

Just because these exortionists say it's illegal doesn't make it so. The last time I checked they were powerless to enforce any of their pronouncements, including those against music downloading. It all continues unabated. They're cowering in fear of their customers and are incapable of doing anything about it on a scale large enough to matter. They'll puff up their chests and make a grand show of it but in the end they're impotent. You know it, I know and best of all THEY know it. That's why they're afiaid.

StarGhost: Posts: 189; Posted on: 14 Feb 06 06:38

When you buy music you are paying for the right to listen to it not to own it. This is how the RIAA are making their case. The music is still owned by the artist. The only thing you own is the media it comes on.

Ranmacanada: Posts: 290; Posted on: 14 Feb 06 08:47

Remember this is also coming from the same corrupt group of people who said if you have mp3's of all your cd's and your cd's get stolen out of your car, like happens to so many of us, you must delete the mp3's that you have or else re-purchase every single cd that you have an mp3 of, otherwise you are guilty of copyright infringement. These dinosaurs have no idea on how to run a business in today's world, and their measures to keep their strangle hold on us will just more and more drastic, until the sheeple wake the F(*&#(%* up and realize that they are essentially a terrorist organisation that is after nothing but our rights that were given to us by our governments, and our hard earned cash. Screw the consumer, because "without DRM, all customers have the potential to become pirates" is their attitude. And it shows through acts like these that we are NOTHING more to them then dollar signs.

Saruman: Posts: 476; Posted on: 14 Feb 06 14:03

Starghost: "The only thing you own is the media it comes on." That's exactly right. What's the difference between selling an old CD and an old IPOD that music was legally bought for? I can understand making it illegal to keep the songs on the IPOD for sale that came from the CD's in the person't collection, however, for music bought from ITunes, it is the same thing as selling an old CD/cassette/etc. as selling the Ipod. You are selling the MEDIA that the music comes on, which in this cas is the IPod.

whaledad: Posts: 23; Posted on: 14 Feb 06 15:56

http://contact.ebay.com/ws/eBayISAPI.dll?ShowAllQuestions& requested=saintloghead&iid=5866612699&frm=284&redirect= 0&ShowASQAlways=1 &SSPageName=PageAskSellerQuestion_VI This one says it all... Wd
[edited by DoMiN8ToR on 17.02.2006 01:23]

whaledad: Posts: 23; Posted on: 14 Feb 06 16:35

Sorry... this would work better for page layout: http://tinyurl.com/cx8y2

Roj: Posts: 434; Posted on: 14 Feb 06 17:24

"When you buy music you are paying for the right to listen to it not to own it." ...and since that right is now MINE as I paid for it, I can sell it to whomever I bloody well please.

tomwil: Posts: 4; Posted on: 14 Feb 06 17:32

Whaledad - you need to learn what is required on an eBay link and what is junk. The following works just as well. http://contact.ebay.com/ws/eBayISAPI.dll?ShowAllQuestions&iid=5866612699

Drum: Posts: 78; Posted on: 14 Feb 06 19:24

The RIAA pretty much wrote the DCMA, so I suspect they are correct. If you want to stop them, cut off their funding, support record lables and artists that don't support the RIAA! American business(and politics) is all about MONEY!!! Cut off their money and things change real quick! STOP GIVING YOUR MONEY TO THE RIAA, AND MPAA, PLEASE!!!

logjon: Posts: 148; Posted on: 14 Feb 06 21:24

ALL CDs and DVDs I buy are secondhand. RIAA and MPAA can both suck my dick. I'm never giving another fucking cent to those terrorists.

themushroom: Posts: 188; Posted on: 14 Feb 06 21:31

> According to the RIAA, they claim this is a clear violation of US copyright law as it is no different to selling a recordable CD/DVD filled with one's music collection. No... This is no different than selling your original CD/DVDs. The files are the original items that were sold, not duplicates of an original.

thesaltydog: Posts: 7; Posted on: 18 Feb 06 19:39

It looks like the auction listing referred to in this thread has been pulled from eBay. If they pull something like that with any of my auctions, I'll just cancel my ID there. eBay sucks a$$ for caving so easily to these criminal bastards. :r

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RIAA bans sales of loaded iPods, even with purchased music

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