In a bizarre reply to the AAP’s request for a preliminary injunction, the state of Maryland both concedes and underscores that Congress specifically declined to create a first sale doctrine for digital goods, leaving it to the marketplace to adapt. Unhappy with that decision and its effect, Maryland has elected to regulate the marketplace for copyrighted goods, in conflict with Congress and the law. They justify that with the novel suggestion that once copyrighted goods are offered to the marketplace, they have magically “left the world of copyright” — except they haven’t — and “entered the marketplace for such transactions,” […]
