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."

Comments

What are the long-term effects?

[WaltBusterkeys]

Of course, on /. there's the normal "I have the physical copy, I can do whatever I want with it" mentality.

But what if Universal had signed a contract with each and every DJ and reviewer that got a promo copy that said "in exchange for getting this CD a week early, you have to keep it secret." Would people still be in favor of the rule that the person with their hands on the physical copy gets to do whatever they want with it?

It seems like if this were a once-off transaction there'd be no doubt that the world would be better off if the person with the physical object gets to resell it, no matter what the contract says. But is the world better off if Universal sees what happens and stops giving out review and promo copies? People complained when Maxim reviewed a CD without listening to it but there's no way for print publications to review albums without advance/promo copies. The print publication cycle is so slow that if a magazine had to wait to buy its copy at Amazon or the iTunes store then the review would be three months stale. And Universal is going to quite logically not send out promo copies if they find their way out before the release date; they don't want an unfinished product on the shelf any more than you want your neighbors looking at you before you finish dressing.

There's more than just this case. Maybe the tradeoff is that we're willing to give up promo copies in exchange to keep the doctrine of first sale pure. But maybe we're not. It's not an easy issue and there are arguments on both sides.

An unrequested book?

[G3ckoG33k]

So, if I'm sent a promotional, but unrequested book, would it lose its copyright?! I could photocopy it of course and give it to friends, possibly as an example of "promotional products handed over to me". But, it sounds far reaching that it would lose its copyright. If I'm sent unrequested GPL Code, which relies on copyright, I don't think that code would lose its copyright either.

O RLY?

[spun]

For me and most sane folks on Slashdot, Macthorpe's weird obsession with twitter is the current running joke. It's like Macthorpe has a schoolboy crush on him and expresses it by constantly pulling twitter's hair and putting bugs down his shirt. The two of them should get a room because it's pretty obvious they're about to start making out, and no one wants to see that.

Re:O RLY?

[spun]

How is he gaming the mod system? Someone or someones made it their sworn mission to systematically destroy him, so he made some sock-puppets, BFD. You think it's okay to mod him into oblivion so few people ever sees his posts because a few people don't like what he writes? I mean, the guys is a one trick pony and a little bit of a troll, but sometimes he writes some insightful things.

I don't object to Macthorpe pointing out that twitter has a sock-puppet army, I just think its weird to be that obsessed about someone. Looking at your posting history, it seems you are too. And Macthorpe is a fan, while twitter is a friend?

Now I get it! You, Macthorpe, and twitter are all the same guy, trying to make yourself the fucking focus of Slashdot. Dude, how dissociative are you? I mean, is it like total multiple personalities, or do you actually remember what your other selves do?

I am now quietly backing away from this clusterfuck.