Nothing in the decision rests on Redbox being a “regular end consumer”; it rests of first-sale, a legal doctrine which generally stands in direct opposition to the idea of “end consumer” as a role to which a seller can restrict goods.
> Redbox doesn't have the authority to sell digital content they haven't produced
The first sale doctrine gives them the right to disassemble and resell the physical items in the box they purchase, which is what they are doing.
Even Disney isn't arguing that Redbox is illegally selling digital product or violating copyright directly, instead they are claiming that Redbox is contributing to infringement by the end purchasers who are violating the copyright license by using a download code without owning the disk, and that Redbox is violating a purchase contract with Disney entered into by the act of purchasing the package at retail that prohibits separating the physical components notwithstanding the right of first sale.
The judge here upheld the right of first sale against that assault and also stated that the license terms Disney is asserting that end purchasers would violate are themselves an abuse of copyright, because they would prevent the exercise of the right of first sale.
Nothing in the decision rests on Redbox being a “regular end consumer”; it rests of first-sale, a legal doctrine which generally stands in direct opposition to the idea of “end consumer” as a role to which a seller can restrict goods.
> Redbox doesn't have the authority to sell digital content they haven't produced
The first sale doctrine gives them the right to disassemble and resell the physical items in the box they purchase, which is what they are doing.
Even Disney isn't arguing that Redbox is illegally selling digital product or violating copyright directly, instead they are claiming that Redbox is contributing to infringement by the end purchasers who are violating the copyright license by using a download code without owning the disk, and that Redbox is violating a purchase contract with Disney entered into by the act of purchasing the package at retail that prohibits separating the physical components notwithstanding the right of first sale.
The judge here upheld the right of first sale against that assault and also stated that the license terms Disney is asserting that end purchasers would violate are themselves an abuse of copyright, because they would prevent the exercise of the right of first sale.