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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?!
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
I don't know Mr. 741N, you sound a little biased.
That would be the resistor between pin 6 and pin 2.
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?
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!