eBay to Enter Digital Music Market

See these articles, via PaidContent.  Notably, eBay is not allowing people to resell items they have downloaded and thus may have the right to resell under section 109 (emphasis on the word may).  Only copyright owners or those who are explicitly permitted by copyright owners to sell are allowed to use the service.

HLS Bulletin on IP

Via John Palfrey: The Harvard Law Bulletin has a nice issue with several articles about copyright and IP.  Read it all, but check this from the main article about the Digital Media Project scenarios:

“We know [the content industries] are skeptical [of a Voluntary Co-op or ACS model],” Fisher says. But “if their situation gets worse, they may have no choice.” The Berkman Center, in collaboration with others, is developing a pilot project of this model, which they hope to implement on a voluntary, subscription basis. “If we can get the demonstration project up and running, it may reduce the resistance, if we can show it actually works,” he says.

Don’t Innovate, Don’t Even Invest

Apparently, the lawsuit against Hummer Winblad and BMG for funding Napster has been given the go ahead.  Frank links to the decision

Hey, maybe they’ll end up buying BMG and then suing their lawyers for even bothering to defend the company, because a record company has never done that before – oh wait.  Wonder if we’d see more of these suits if the Induce Act were law? (Cue Ernest post on the interaction between the Induce Act and tertiary liability.)

Remember: this case involves record companies suing another record company for supporting an innovative business model.  And we hope these people will come together on a VCL.  Sheesh.