EMI loses first round in legal battle to Redigi

Redigi, a US online music reseller has won the first round in a battle to sell legally pre-owned digital music tracks.

A US court ruled that the company, which was selling legally downloaded digital tracks, can continue trading during its legal fight with EMI for alleged copyright infringement.

A statement from the presiding judge on Redigi's site said the issue of copyright infringement was one which had to be settled at trial.

Redigi copies the tracks from a seller's computer, deleting the original and then sells them on. The company said it was "breaking down the barriers that have kept consumers from enjoying their intrinsic and lawful ownership rights to their digital purchases."

It is unlikely that such a business model would be legal in the UK, however. Although the Government hopes to change the law that makes it legal to make a copy of legally bought digital downloads, this is only for personal use.

Claire McCracken, technology law specialist at Pinsent Masons, has previously said that what Redigi does is in breach of UK copyright laws.

"It is clear that the service Redigi offers through its website would break UK laws," McCracken said. "The act of copying a digital music file for sale, even if the original was lawfully obtained from a download service such as iTunes, is copyright infringement under current UK legislation.

"UK laws are changing to make some copying of files legal, but even under this planned relaxation the resale of lawfully purchased MP3s will not be allowed in the UK."

It is possible that it may be legal if the person sold the music along with the original hardware the tracks were downloaded to – such as the hard disk or a USB key – meaning no copy is made. We have asked for comment from Pinsent Masons.