In a June 8, 2007 column, FindLaw's Writ columnist Jule Hilden advocates junking copyright law's ‘First Sale’ doctrine. She writes:

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The First Sale Doctrine Must Die

First, I believe content companies will have to effectively modify — through federal legislation — the traditional first-sale doctrine in copyright law.

This doctrine holds that once a product has been bought, it can be legally resold by the purchaser - on and on, through its whole useful life, with no further payment to the copyright holder. Now, for music and movies, that useful life may last forever, and the number of potential buyers can be huge.

Accordingly, companies must at least explore means to ensure that they can reap revenue from multiple users, or even from a single user's multiple uses of their content. To gain the ability to protect that approach through the law, requires junking the first-sale doctrine.

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Read the rest of Hilden's column.