[Dixielandjazz] Legality of Selling "Loaded" iPod?

[Kay Spencer]

Marty,
   
  I don't think there is anyone is likely to stop you from selling an iPod with music.  There are some challenges.
   
  1. Any music purchased from iTunes is linked to the computer and store account that the original owner established. (There isn't a huge amount of OKOM there so that probably doesn't make up much of your music, if any.)
   
  2. Apple designed the iPod to be a "one-way" street; i.e. you are supposed to download or add music to via iTunes software on a computer which is THEN synced to an iPod.  It can be a challenge to move music from the iPod back to a computer.  I have a non-Apple software program that gives me more flexibility.  It would be very easy for the uninitiated to download iTunes, connect the iPod, and unintentially write an almost empty music library over the top of all that iPod data.
   
  3. If you were to attempt to sell your iPod's on eBay, presumably including any copyrighted material, eBay might cancel the listing if reported/discovered and could also terminate your eBay account.  They might treat it exactly the same way that they would treat someone who is duplicating CD's to sell to the public and not pay royalties. The reality is that there are many iPods today for sale on eBay that are in violation of copyright. (just search "ipod loaded" and look at all the latest hot music available...)
   
  Also to satisfy my own curiousity, I hunted all over the Apple website and couldn't find anything official on this topic.  They are  far more concerned about the Apple's own trademarks than other's music copyrights.  
   
  Personally I would have a hard time distributing any music that is currently in the marketplace.  However I don't hestitate at all to duplicate music that I have converted from old recordings into digital media for friends and family.  I would still NOT get involved with selling any of this material. 
   
  Kay in Gilroy
  not a lawyer, but don't sue me...
   
   
   
   
   
  

Marty Nichols <marnichols at yahoo.com> wrote:
  I was chagrined to find that a majority of folk I asked about it
believe one may not sell an iPod with music remaining on it.

What do you esteemed DJMLers think?

I had the idea of placing segments of my collection of CDs on some
iPod Shuffles and selling/trading/giving away.
Marty Nichols-Freelance Trombonist
http://myspace.com/freemarty

P.S. Wouldn't they make great Christmas gifts?
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