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John C. Gatz is a member of the firm Nixon Peabody LLP in Chicago. Column contributors include the following writers. Copyrights: Zachary J. Smolinski, Panduit Corporation; Michael N. Spink, Brinks, Hofer, Gilson & Lione; Mark R. Anderson, Ulmer & Berne LLP. Patents: Cynthia K. Barnett, Johnson & Johnson; Timothy M. Kowalski, Google Inc.; R. Trevor Carter and Daniel M. Lechleiter, Faegre Baker Daniels LLP; Robert W. (Bill) Mason, Kinetic Concepts, Inc. Trade Secrets: R. Mark Halligan, Nixon Peabody LLP. Trademarks: Janet M. Garetto and Elizabeth W. Baio, Nixon Peabody LLP; Amy L. Sierocki.
Capitol Records, LLC v. ReDigi, Inc., 106 U.S.P.Q.2d 1449 (S.D.N.Y. 2013). ReDigi operates a website that allows users to sell previously purchased digital downloads of music and buy similar files from other users. ReDigi provides software that creates a list of the music files on a user’s computer that are eligible to resell. ReDigi limited eligible files to songs purchased on iTunes or from ReDigi. Once a user decided to sell a song, the ReDigi software copied the song onto a ReDigi server and informed the user to delete the file. If the user did not delete the file, ReDigi would suspend that user’s account. When a song was sold through ReDigi, a portion of the sale price was credited to the seller, and ReDigi retained 60 percent of the sale price. Capitol sued ReDigi for copyright infringement. Capitol and ReDigi moved for summary judgment regarding copyright infringement.