Do I have to clear the songs off of an iPod before I sell it?

I found an article titled "RIAA Bans The Reselling Of iPods With Preloaded Music" at http://www.fmqb.com/Article.asp?id=174065. The RIAA is actively looking for people reselling their iPods with preloaded music.

Andrew Bridges, a lawyer for Ebay, was reported in the article as saying he isn't aware of a legal case that deals with reselling preloaded iPods but the law does not have strict guidelines in this instance.

"Normally, only a copyright holder has the right to distribute copies of a work," said Bridges. "There is a very clear provision in the statue that says if you are in possession of a copy that has been lawfully made, you can distribute that copy without violating the copyright holder's copyright. That seems to suggest that there shouldn't be a case against a casual user disposing of copies they made for personal use when one is getting rid of one's own iPod."

This is only my opinion but I would say yes in most cases, although it would be difficult for the RIAA to catch you. Maybe if you legally obtained all the MP3's and on the bill of sale you specified you were transferring ownership and relinquishing ownership of the music files it would be kosher, but how many people would actually do go to the trouble of doing this? I would think the worst thing you could do is use the music library to help you sell the MP3 player on a big site like Ebay where your listing could get flagged and someone could turn you in.

Please don't construe this as legal advice, I'm just speaking off the top of my head. I've only had 1 Business Law and Ethics course :-)