An imaginative challenge to determine limits to digital-restricti on management

[Max.Hyre@xxxxxxxxxxxxxxxxxxxxxxx]

   Dear DCers:

   An inventive fellow from Michigan (U.S.), George Hotelling[1],
is taking the Occam's-Razor approach to DRM:  he bought a song
from Apple's iTunes store[2], and is selling[3] it on Ebay,
with the promise that when he transfers it, he will keep no
copy for himself.  This goes to the heart of the first-sale
doctrine as regards digital media:  is it necessary for a song
to be attached to a piece of plastic for the doctrine to hold?
He proposes to donate the proceeds to the EFF.  From The Register's
report[4]:

	When the new buyer receives his [...] song from Hotelling,
	iTunes will almost certainly refuse to play it.

	Can the buyer then sue Apple for preventing him or her
	from using their legally acquired song? [.... T]o what
	extent is the new owner bound by Apple's Ts&Cs?

   Late news:  Ebay seems to have pulled the auction, but
the author has put up an archive[5].  Oh, well, it was fun
while it lasted, and may yet give us some results.

[1]
http://george.hotelling.net/90percent/geekery/does_the_right_of_first_sale_s
till_exist.php
[2] http://www.apple.com/itunes/
[3] http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2555673237
[4] http://www.theregister.com/content/7/32661.html
[5] http://george.hotelling.net/itunes_auction.htm


-- 

                         Best wishes,

                                  Max Hyre