Warner says first sale doctrine applies to downloads. Big news, and definitely good for the content industries in the long run--being able to own music is why people do iTMS over Y!MS in the first place. But the interesting thing is how far the implications of this non-license will extend. Licenses are often used to protect the IP of products. Science kits, for instance, are often licensed, not bought, even though for all practical purposes you own the product and use it up and then order more. I wonder what this means for DRM, if you own the DRMed songs. Certainly gives a nice moral boost to Fair Use in such situations.

Resurrected performance. Does a performer have a right to control the style of his work, if recreated from recordings? Probably not, I'd imagine, but should he/she? I have one of the early attempts to do this, Rachmaninoff's Window in Time and I have to say it's just not nearly the same as real recordings. Maybe they've gotten better since then.

--Ari