Richie Ramone, one of the drummers for The Ramones, lost his fight to get paid for 6 songs he wrote because a judge said that digital files are not “manufactured or sold” but are instead transmitted and licensed.
Wha? So when I pay someone (e.g., Apple) to “buy” a song, and I download the song and do whatever I want with it (listen to it, share it, give it someone as a gift, etc.), I did not “buy” it? Apple did not “sell” the digital file to me? Sure, music from iTunes and other online music retailers has restrictions, but they are easy to circumvent and hardly change the fact that the digital file is “sold” in an online music transaction. Except, apparently, according to this judge, that’s not true.
See why I don’t practice copyright law?