(Phil Lelyveld comment: this is a major decision, as much of the entertainment industry's IP strategy has been based on the idea that content is "licensed", not "sold.")
An appeals court confirmed today that consumers have a right to re-sell promotional CDs, which could have implications for other copyrighted goods as well. A panel of judges from the U.S. Court of Appeals for the 9th Circuit has now ruled in three landmark cases that relate to whether copyrighted items like software and CDs are sold—and thus, out of the copyright owner’s control—or simply “licensed” to consumers.
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The different rulings in these landmark cases could lead to a situation where consumers have strong protections for their rights to use physical copyrighted goods in any manner they choose, but fewer rights when it comes to digital goods.
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