Legal Question in Technology Law in Connecticut

Selling Computer Hardware Containing Mp3s

I have a couple narrow questions regarding copyright infringement.

If I use a program, for example, winzip to archive a large sum of mp3s and I put this on a hard drive and sell this hard drive on Ebay--the ad stating hard drive for sale contains:_________, is this illegal? What if I were to zip the zip and then advertize it? I won't be providing any tool to play such files. Merely the physical hard drive and data.

Is this illegal if shipped to the highest bidder outside of the USA?

What if I were to sell an Ipod (Mp3 player) and offer to install any songs from a provided list that the highest bidder chooses? Is this also illegal, and again, is it illegal if sold outside the USA?


Asked on 12/02/04, 1:48 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Selling Computer Hardware Containing Mp3s

You pose an interesting question.

Copyright infringement occurs when you interfere with the author's exclusive right to the enjoyment of the profits of his intellectual activity. So even though you zip the file, and even if you zipped the zip, you'd still be violating copyright law.

As a practical matter, even though there are criminal sanctions for copyright violations, prosecution is rare. Far more likely is civil lawsuits brought by the RIAA or similar entities. Those civil lawsuits could be brought against you regardless of where the purchaser of your hardware resided.

When you have an MP3 or AAV or WAV file, all you really have is a license to listen to the contents of that file. You cannot play it over the speakers in your business, for example, because then you are interfering with the author's performance rights.

The long and short of it is that selling the MP3s or any other form of copyrighted material over the internet or on E-bay is a serious and consequence-laden activity that you should not undertake unless you don't mind getting sued.

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Answered on 12/02/04, 2:56 pm


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