Whether lawful purchasers of iTunes music files are entitled to freely alienate those digital phonorecords under the first sale doctrine

QUESTIONS PRESENTED 1. Under 17 U.S.C. § 109(a), is the acknowledged owner of a particular digital phonorecord lawfully purchased via electronic distribution under 17 U.S.C. § 106(8) entitled to freely alienate that digital phonorecord electronically? 2. Consistent with the first sale and exhaustion doctrines embodied in 17 U.S.C. § 109(a), can the electronic disposition of a lawfully acquired digital phonorecord simultaneously violate the copyright owner’s exclusive right of reproduction under 17 U.S.C. § 106(1) even though no additional copies or phonorecords are created? 3. If yes, is the alleged violation of the reproduction right nonetheless a fair use under 17 U.S.C. § 107?