eBay removes iTunes song auction, no reason given

src="http://www.cdfreaks.com/contentimages/newsimages/1329116597" align=right vspace=5
border=0>The auction page itself now simply says: “The item you
requested… is invalid, still pending, or no longer in our database.
Please check the number and try again. If this message persists, the item
has either not started and is not yet available for viewing, or has
expired and is no longer available.”

Is selling on a downloaded song the same as selling a
CD, he asked?

eBay’s move doesn’t answer that question. eBay made
its move because the auction violated its regulations on the sale of
electronic media which can be distributed via the Internet. eBay already
prohibits such sales. However, just because the auction runs contrary to
eBay’s Ts&Cs doesn’t necessarily make it a copyright violation. eBay
is – quite understandably – playing it safe.

The consensus among Reg readers is that the purchasing
a physical medium is not the same as buying a download. In the first case
you’re buying the physical disc, in the second, you’re actually buying the
song, so the US’ ‘first sale’ right doesn’t apply.

We think the point’s still moot, however. If ‘first
sale’ rights are granted when you by a CD, because you’re actually buying
the disc not the song, you could argue that the same applies to a file. A
file can be defined as a data carrier as much as a disc, particularly when
it’s essentially an authorised copy of a ‘master’ file.

We’re no lawyer, but that’s an argument that could be
made, and the only time the question is going to be settled is when it is
indeed argued out through a legal challenge. Again, that’s something eBay
itself will be keen to
avoid.