EMI’s lawsuit against secondhand digital music store ReDigi is going to court, after US District Judge Richard Sullivan refused to grant the label a preliminary injunction to shut the site down. A press release sent out by ReDigi quotes Sullivan as saying the case is “a fascinating issue” which “raises a lot of technological and statutory issues”. As we’ve reported before, ReDigi’s service allows people to sell their ‘used’ digital music files, with the company claiming that its technology ensures the files are deleted from the seller’s computer before they are sold. Earlier this month, Sullivan rejected Google’s request to file a brief in the lawsuit to highlight the impact the case may have on cloud computing more generally. “We hope today’s ruling will help to expedite the trial so that we can get back to our business and providing consumers with access this incredible technology,” says ReDigi CEO John Ossenmacher. EMI’s Alasdair McMullan tells Digital Music News the label remains confident, though. “We fully expect that ReDigi will ultimately have to answer for its clear acts of infringement.”

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