|The first sale doctrine is invariably regarded |
as a sexy topic of conversation
|Something you own ...|
|... and something (the musical files, |
not the iPod) you don't
This stance confirms, among other things, the validity of the Wall Data test and, therefore, the inapplicability of the first sale doctrine to software licences (Vernor v Autodesk) and, more generally, digital files obtained through online marketplaces like Amazon or iTunes [but see IPKat here]. This is because the relevant terms and conditions of the latter two expressly state that no ownership right over the relevant content is acquired [here and here].