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Universal Attacks First Sale Doctrine
I Don't Believe in Imaginary Property writes "In Universal Music Group v. Augusto, UMG is attacking the first sale doctrine. The issue concerns some promotional CDs that were mailed out, and later found their way to eBay. According to UMG, the stickers on the discs claiming that they still own the CD give them a legal right to control what the recipients do with them, and thus, UMG should be able to dictate terms. The EFF has filed an amicus brief countering that claim, saying that because they were sent by US mail, unrequested by the recipient, they are in fact gifts, no matter what the sticker claims. If UMG somehow wins this, I plan to send them CD of copyrighted expletives with a sticker informing them of the contractually required storage location. We discussed a similar issue with e-books a couple weeks ago."
Pretty soon we'll have implants in our heads that will debit our accounts every time we recall a song from memory. Got that Shakira piece stuck in your head again? Boy, you are going to pay....dearly. Shakira-Sha--SHIT!!!
I don't know Mr. 741N, you sound a little biased.
You got some evidence that vinyl is growing?
Can you be Even More Awesome?!
So, whether by gifting or abandonmnent, ownership of the CD was legally transferred in a manner equivalent to a sale, and any sticker on it is insufficient to prevent the doctrine of first sale from taking effect.
...
PS, by reading this post you agree to... We've all seen comments like this in regard to EULAs and such; those stickers are no less ridiculous, and no more legally binding.
Heh, the only thing those stickers have to do with the doctrine of first sale is the fact that they are also covered. The CD recipients now own the stickers too, and can do with them anything they jolly well want to, with the possible exception of copying them.
They could be nice to UMG. They could bundle those stickers up, send them back and get shirty when they end up in the bin.
Cogito, ergo sig.
Idiot or not, baseballs and markers are damn cheap cheap.
Well, maybe not. If you think about it, this could be an exciting new revenue model for the labels
1) Send out promo CDs with "This is our property" stickers on it
2) Wait until the CDs end up on eBay
3) Sue.
Imagine the profits they could make here!
The Internet is generally stupid
...if it succeeds, then you can surely be held responsible for all those AOL CDs! ;)
I hope you kept them in a safe place
Do you know what's left for a disbarred attorney ? That's right, he can only work in record companies legal staff.
The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
I don't know Mr. 741N, you sound a little biased.
That would be the resistor between pin 6 and pin 2.
Does AOL own the 10 billion discs they mailed-out?
Maybe we should all unite and send them back..... them videotape the scene as the AOL office finds itself buried under a massive mound of discs.
The government is not your daddy. Its purpose is not to raid middle-class neighbors' wallets and give it to you.
"There was no contract."
Bugger, I've just mailed them photo with a EULA that takes effect when they open the envelope, and a bill for...(cue: pinky)...ONE MILLION DOLLARS.
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
If you're going to ask questions just to see an answer, that is.
How about: what about if the CD sticker said that by reading the sticker you agree to deep throat the VP of marketing? Would that be legally binding?
I mean, if we're going to be making shit up and all, just to ask hypothetical questions, why not go for the gusto?
eff universal
There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
There's some sleazy outfit, I can't remember the name, that keeps sending my wife stockings or pantyhose or some other feminine-type accouterments. We never requested any of this stuff. A week later, they start sending requests for payment for the stuff they sent us. As far as I'm concerned, if somebody puts something in my mailbox that I didn't ask for, it's a gift or a free sample.
We started getting increasingly threatening mail from them demanding payment.
Finally, I tracked down the "CEO" of this "Company" and beat him to death with one of those little souvenir baseball bats I got at a White Sox game. Then I left his rotting corpse in the parking lot of a local telemarketing company as a warning.
Oh wait, that was last part was in my dreams.
The first two paragraphs above are true.
You are welcome on my lawn.
"If you can look me in the eye and tell me that you're okay with the notion that I can write "You must give me all your money" on a baseball, hurl it at your head, and thusly legally obligate you to obey my baseball--"
I laughed at the silliness of this when I read it, but I did take the time to test this thesis. Here's the thing: it worked! Admittedly, I used a small statistical sample, but I'm heading out to Boston Commons right now to conduct further tests. I am carrying several other baseballs as well, some read "You must provide oral sex" and "You cannot arrest me under any circumstances". I'll let you know how that works out.
The crimes of eBay are a disgrace to it's pig latin heritage!
The recipient gets the service of Universal uploading the content to his CD as he plays it. You see, a CD is just a piece of plastic. When you play it, what in fact happens is that you "stream" the music from the copyright holder (Universal) to your CD player. If you start streaming without upholding YOUR end of the contract, it's called theft of services.
Can you sell that piece of plastic? Of course. There's nothing stopping you, you just can't sell the music being streamed, since that would be theft of services.
Whoever you sell the piece of plastic to can make their own contract with Universal, should THEY want to stream music from Universal's servers....
So you see, ladies and gentleman, even the most absurd misinterpretation of how technology works leaves the reseller in the right!
Just make sure that your aim is good and that you don't switch the baseballs by mistake!
My sci-fi novel, Ghost Thief, is now available from Amazon.com.