Pull quote: “The question of whether First Sale applies to digital goods has never been clearly determined. There is even baseline uncertainty whether the language governing content ‘distribution’ as the term pertains in U.S. copyright law even encompasses digital content, vs. ‘material’ objects such as books and CDs. Another challenge raised by digital first sale is that a distribution of content implies the creation of at least a temporary copy, and whether or not such copying constitutes copyright infringement has received no final determination.”
About
