Selling an iPod with songs: Is it legal?

So theoretically if I sold my loaded ipod but didn't keep a copy of the songs, that would be legal?

Yep. Apple even says so in its license agreement on the iPod:

You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

Since Apple's music is proprietery, that would be covered under 'software' (and it's perfectly legal under copyright law - I checked their agreement to make sure the contract didn't say something else)

Okay, that makes sense. I'm glad to see that there are indeed some reasonable provisions there.

actually, i understand that merchandising is the greatest source of income for a band. that's why a concert tshirt is $30. that's also a small reason why i always buy one at every show i attend. A) for collection's and remembrance's sake, and B) to support the bands i love. Ticket sales go to promoters and the venue before they hit the artists pockets. merch sales go right to the artist. so next time you're at any show, pick up a tshirt, or a hat, or even a little keychain.

music piracy really is rampant. I'm not gonna lie, I and every single person i know has done it. I don't think piracy effects your average artist, because unless you are HUGE, you get almost no royalty. So what it really hurts is the industry and the suits. If you pirate, say, an Alkaline Trio cd, i hardly think it's gonna put a dent in the band's pockets. they won't see that 75 cents anyway, cos it'll go to their label. I believe U2 has one of the highest royalty rates in the business today, if not the absolute highest. I'm not sure what it is, but it's really impressive. Granted, they are some of Ireland's richest, but if you were to pirate one of their albums, that's, say, $1 they don't get. That's why Metallica got all pissed about it back in Napster's infancy.

Think about it, who's putting this music to the masses, the artist? or the suits? there are plenty of bands who are freakin' excellent but don't have huge $$ backing. consequently, they don't make the boatloads of cash, they don't end up on MTV, they don't win a Grammy, and no one knows who the hell they are except a small devoted fanbase. they make their own money of their own accord, and it's not alot. once they get that corporate backing, suddenly, they have someone who takes over the reigns and puts them out there and gets them exposure.

what we're debating here really just falls into the category of business. if you forget that music today is a BUSINESS, you will get screwed. money makes the world go round baby.

btw, anyone who thinks the recording industry is a crock, go purchase Tom Petty's "The Last DJ." It's a blatant attack on the business.

"Bring me a girl, they're always the best, you put 'em on stage and you have 'em undress. Some angel whore who can learn a guitar lick, hey, now that's what i call MUUUUSIIIIIIIIIC!"

"They get to be famous, I get to be rich!"

hahahaha lady of the evening...that's supposed to be something else, and im sure you all know what it is.

Just another little friendly moderator reminder to everyone:

if you have to use asterisks to get around the cyber-censor, please choose another word. We're a family-oriented site.

Thanks.

oops, sorry guys. got a little carried away i guess

i don't think a warrant for your arrest will be issued if you sell an ipod with music on it.

you could receive a lawsuit though