The Redbox thing isn't about copyright infringement as far as I can tell. That's basically what the judge said, right? If I understand it, Redbox was selling unused licenses rather than infringing copies.
You're right though that HN does have an aversion to DRM. How many movies has it successfully kept off of pirate sites?
Did you read the article. It's very much about copyright, and I suspect this will get appealed.
In my opinion, the courts have this wrong on 2 fronts:
1. Redbox != Regular end customer, especially when the good in question contains DRM-ed digital content
2. Redbox doesn't have the authority to sell digital content they haven't produced, just like an iTunes user doesn't have the right to sell an MP3 purchased off iTunes.
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.
Redbox is not selling digital content they are selling a piece of paper that they legally purchased. This is not at all inconsistent or really comparable to not being able to resell a song that was purchased on iTunes. It's maybe similar to being able to resell an iTunes gift card that came along with the purchase of another item, which would pretty clearly be acceptable.
DRM really isn't involved in any way here - the existence (or lack) of DRM would not change this situation in any way at all.
An iTunes user can't sell a purchased MP3 because that would create a copy which would violate the author's copyright. In the redbox case no such copying actually occurred. At worst they've only violated Disney's terms of use.
I think Redbox has a chance here because they aren't selling digital content. They are selling a code. That digital content is transferred by Disney to the purchaser and Redbox is never in the middle.
You're right though that HN does have an aversion to DRM. How many movies has it successfully kept off of pirate sites?