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On July 1, 2016, the US Department of Education's "Rule 164" went into effect. This rule stipulated that: colleges "may include the costs of books and supplies as part of tuition and fees;" the books or supplies must be "below competitive market rates..." And a student may opt out of the program. This procedure became known as Inclusive Access (IA). The legality of IA was challenged in a series of 9 Federal Court cases; the plaintiffs argued that the defendants, college bookstores and college textbook publishers, violated the US antitrust laws. The lawsuits were consolidated into "In Re Inclusive Access Course Materials Antitrust Litig.; 20 MDL No. 2946, DCL; United States District Court Southern District of New York. On June 14, 2021, District Judge Denise Cote ruled in favor of the defendants, making IA legal in the US. [ABSTRACT FROM AUTHOR]

ReDigi, Inc. was argued in the Southern District of New York (SDNY) [Capitol Records, LLC v. ReDigi Inc., No. 1:2012cv00095—Document 109 (S.D.N.Y. 2013)]. ReDigi maintained that their online digital resale market was permissible under the First Sale doctrine of 17 U.S.C. (§109(a) in the Copyright Law of the U.S. because of substantive technological changes. The court rejected their argument; and the court ascertained ReDigi had violated the Copyright Law of the U.S. because of their infringement by creating an internet platform designed to enable the resale of digital products. ReDigi appealed to the 2nd Circuit [Capitol Records, LLC v. ReDigi Inc., No. 16–2321 (2d Cir. 2018)]. The 2nd Circuit determined that ReDigi had infringed on the plaintiff's exclusive rights under 17 U.S.C. §106(1). ReDigi appealed to the Supreme Court of the United States. The Justices turned down ReDigi's appeal. Consequently, the resale market of digital e-books and audiobooks is illegal in the U.S. [ABSTRACT FROM AUTHOR]