NewYorkCountryLawyer writes "ReDigi has fired back, opposing Capitol Records's motion for a beginning injunction. In his counteraction declaration, ReDigi's CTO Larry Rudolph explains in detail (PDF) how the automation employed by ReDigi's used digital music comment effects change of a music file without copying, but by modifying the record locator in an 'atomic transaction,' and how it verifies that only a single instance of a unique file can enter the ReDigi cloud system. ReDigi's defense papers also point out plaintiff's own admissions that mp3 files are not 'material objects' or 'phonorecords' under the Copyright Act, and therefore not subject to the Copyright Act's admeasurement right, and defend ReDigi's used digital music market and cloud storage system (PDF) on a number of grounds, including the First Sale exclusion to the formation right applicable to a 'particular' copy, the Essential Step offense to the apportionment right applicable to a copy essential to the running of a adding machine program, and Fair Use space shifting."

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