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The music label argues in a copyright complaint that ReDigi's service requires ReDigi to make unauthorized copies of songs.
The Recording Industry Association of America has sent Redigi, a service that sells used downloads, a cease and desist letter.
A judge sides with Capitol Records in the lawsuit between the record company and ReDigi -- ruling that MP3s can only be resold if granted permission by copyright owners.
Judge turns down EMI's request for a preliminary injunction against music reseller ReDigi, and says he's inclined to let the case go to trial because of the "fascinating" technological and legal questions it involves.