After Redbox Ruling, All Eyes On 2nd Circ.'s First-Sale Case

Law360 (February 26, 2018, 8:28 PM EST) -- Disney made headlines last week with a ruling that the studio had “misused” copyrights to stop Redbox from reselling movies, but the more important decision on second-hand digital content is going to be issued by the Second Circuit in the months ahead.

Last week’s decision, which denied Disney a preliminary injunction, said the studio had committed “copyright misuse” by employing restrictions on digital content in a way that prevented buyers like Redbox from reselling physical DVDs, something they are legally entitled to do.

But while the rare invocation of “misuse” was eye-catching, it will likely have limited applicability to future legal...

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