"Used" MP3 resale service soon to be sued into oblivion

Ever buy an MP3 and, after a listen, immediately regret it? Alas, you're stuck with the song: You can't resell your digital downloads the same way you can a used CD, DVD, or game.

Or can you!?

That's the hopeful premise behind Bopaboo, a new website now in closed beta which advertises itself as "the place to buy and sell digital music." Emphasis on "sell."

Details are sketchy but the theory behind the operation of the site is pretty clear from touring around the domain: Bopaboo sells/will sell music starting at 25 cents per track -- far cheaper than even the least expensive purveyors of digital music are offering today -- drawn not from the record labels but from the digital archives of its users, who upload tracks to the service and price them individually, eBay-style. All tracks are DRM-free. Sellers receive ratings and feedback after each sale, much like other user-to-user selling services.

Of course, things get tricky from there: There doesn't appear to be any mechanism for Bopaboo to ensure that you've deleted a track from your hard drive once you offer it up for sale (or that they even require you to do so), and it's not entirely clear whether you can resell a track only once or multiple times. Bopaboo bills itself as a way for users to "stop illegally sharing and start legally selling" their music, but the legal standing of the site is far from assured.

When will Bopaboo launch? That's unclear as well. I'm still on the waiting list for the beta (go ahead and sign up here), and the company has a blog which is exclusively devoted to job postings for the company, mentioning nothing about a launch or the background of the service.

Which will come first? Bopaboo going live or a bop from the legal hammer?