Apple believes it to be impractical - though perhaps permissible - to sell music tracks that have been acquired digitally.
The company was responding to a debate sparked by Web developer and digital fair-use campaigner George Hotelling, who placed a track he had purchased from Apple's iTunes Music Store on eBay – which subsequently pulled the auction, claiming it violated its policies
Discussing these events, Apple's director of marketing for applications and services Peter Lowe told Cnet: "Apple's position is that it is impractical, though perhaps within someone's rights, to sell music purchased online."
The impracticality of selling on iTunes tracks is in regard to the copy protection that ensures each downloaded song can play on three computers only.
Recent legal interpretations in the US suggest the right to resell legally acquired material does not extend to digital goods.