| Summary: | 碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 105 === New technology changes tangible copies into digital copies and the way people transfer or deliver them. What are the differences between buying real CD and buying mp3 on the apple store? Why the case “Capitol Records, LLC v. ReDigi Inc.” tells us there is no ownership on digital works? A judgment for plaintiff Capitol Records was delivered by the United States District Court for the Southern District of New York on Mar. 30, 2013, in which the court pronounced the defendant ReDigi infringed Capitol''s exclusive rights of reproduction and distribution, and rejected the first-sale doctrine（the Exhaustion Doctrine）defense. In the meanwhile, the European Court of Justice affirmed the applicability of the Exhaustion Doctrine of used software licenses in July 2012. It is controversial whether the Exhaustion Doctrine could be applied to digital works. This study will try to analysis the arguments held in those two cases and propose some suggestions to amending the Law.
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