Question about selling Ipod

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wmoore

510 posts

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#19417 16-Feb-2008 13:01

This was posted on trade me MB the question is

Am i allowed to sell my ipod with music on it?
Is this illegal and will trade me let me do it?

Your thoughts

Some say it is OK as long as it has been dowloaded legally others say no.

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freitasm

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#110952 16-Feb-2008 13:10

Realy hard question. It is easy to say "NO" when we are talking about format shift. If you have a CD and format shift the contents then you should not even think of selling the contents.

However if you purchase the songs online there's always the thought that it's in the right format already and you can transfer it, like you do when you trade a CD on a second hand shop. But you must destroy your copy.

Of course some on-line stores have DRM built-in. If the iPod contains iTunes songs, then I'd imagine they contain DRM that link to your specific machine. Also as I understand you can copy to the iPod but not out of it?

In summary I think that selling the iPod with any song would be on the wrong side of the law.

Take in consideration IANAL.

dnb4life

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#110974 16-Feb-2008 15:48

you can quite easily get music off an ipod, even onto a different machine. google is your friend when it comes to this.
however i would not recommend selling it with your music on it as whoever buys it won't know how to get the music off without stuffing it up and having to format the ipod.
also i would say it is very, very illegal if your music is from anywhere but itunes, even songs you bought on the internet (such as itunes) is in the big fuzzy grey patch between illegal and legal. this would simply be because (as i'm sure most legit online music download sites) the companies want users to purchase their own music, not share it around. if you look on itunes i'm sure there'll be something in their terms about this.

tonyhughes

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#110976 16-Feb-2008 16:02

Completely legal if you own the copyright to the music, or it has no copyright, or you have the express permission of the copyright holder.

If you don't meet one of those conditions, then in New Zealand, I would suggest that you would probably be breaking the law.

Trademe will probably take down your auction, and threaten to ban you if you try and sell with copyrighted, or undisclosed music.

"iPod with 60GB of assorted music still on it" will be enough to get you in trouble I should think.

Its easy to get songs on and off iPods now without iTunes, on virtually any mainstream OS.

dnb4life

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#111031 16-Feb-2008 21:03

i find it doubtful that even if you disclosed all the music and stated it was owned under copyright trademe would allow you to keep the auction up. there would be no way for them to check the music was purchased legally and that you are destroying any copies you have of it. it would also make them liable for massive lawsuits and would not be worth the risk for them.

tonyhughes

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#111040 16-Feb-2008 21:48

dnb4life: i find it doubtful that even if you disclosed all the music and stated it was owned under copyright trademe would allow you to keep the auction up.

Just to clarify, I was meaning if you owned the music in its entirety (e.g. you are the artist, who has retained full rights, or you have bought the distribution rights. This is quite common - I have lots of albums that are ripped/burned/copied, that I have recieved directly from New Zealand artists who have retained distribution rights, and who also have said they would love for their music to be given away to anyone who will listen.

I also have some from local artists who don;t want that as well...

dnb4life

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#111067 17-Feb-2008 01:11

tonyhughes:
dnb4life: i find it doubtful that even if you disclosed all the music and stated it was owned under copyright trademe would allow you to keep the auction up.

Just to clarify, I was meaning if you owned the music in its entirety (e.g. you are the artist, who has retained full rights, or you have bought the distribution rights. This is quite common - I have lots of albums that are ripped/burned/copied, that I have recieved directly from New Zealand artists who have retained distribution rights, and who also have said they would love for their music to be given away to anyone who will listen.

I also have some from local artists who don;t want that as well...

lol. that makes two of us mate. i have music coming out my ears from dj mates, used to always play fresh local tunes at my old work which i used to manage and would always have to explain to customers that although the music is awesome and is local talent unfortunately its not avaliable in stores!

sleemanj

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#111073 17-Feb-2008 02:33

wmoore: This was posted on trade me MB the question is

Am i allowed to sell my ipod with music on it?
Is this illegal and will trade me let me do it?

I'm going to go against the grain here and say, on the face of it it would be OK from a copyright standpoint, but TM would pull it anyway (they are beholden to Apple, Microsoft, and anybody else with deep pockets for lawyer funds).

My reasoning is, the music was purchased legitimately, what difference does it make how it was purchased or how it was delivered to you. If you purchase a CD you can certainly resell that if you no longer wish to listen to it. Why should the tracks you purchased on an iPod be different.

Now of course, this doesn't take into account any agreement which iTunes may have with you, I don't use iTunes so I don't know if that agreement includes some non-transferrable clause. Probably it does, knowing record labels.

But ignoring that, I really don't see how ot could be a breach of copyright (assuming you don't retain a copy).

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dnb4life

312 posts

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#111075 17-Feb-2008 06:56

i think its more a fact of whether you could prove you purchased it legitimately, which at this point in time is impossible to do.

they need to set up some sort of verification software where you could enter a specific code you get with the purchased music and when its verified it says who owns it. the point where this process could get annoying is the change of ownership, i suspect if this ever came into play they would just make it so as soon as you sell the music it can't be sold again and the verification expires.

another solution would be to have something in the music file which you can use software to prove it was purchased ligitimately. this would however prove a problem because even if you could post a picture or something of the cert that could be tampered with/faked.

anyway i'm ranting now so don't mind me