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EFF Wins Promo CD Resale Case

Posted by Soulskill on from the this-promo-disc-will-self-destruct-in-five-seconds dept.

DJMajah writes "Universal Music Group's case against Troy Augusto, fought by the Electronic Frontier Foundation, has been dismissed by a federal judge. UMG sued Augusto, the owner of Roast Beast Music, over 26 eBay listings of promotional CDs. UMG argued that promo CDs distributed for free to radio stations, DJs and other industry insiders could not be resold; the discs usually carry a label reading 'For promotional use only, not for resale.' UMG asserted the doctrine of first sale does not apply, as the discs were not actually sold and therefore remained UMG's property. The judge ruled that the doctrine does apply because the discs were gifts. The labels indicate no expectation of their return."

4 of 252 comments (clear)

  1. The EFF in 100 years by Idiomatick · · Score: 0, Flamebait

    The EFF won't look like the heroes they are in 100 years. They will look like a glorified joke ... like a historical version of states the obvious man. All their victories are like this one. 'EFF convinces world you cant sue people for receiving gifts you sent them in the mail.' just doesn't sound that heroic does it.

  2. Re:And books? by monxrtr · · Score: -1, Flamebait

    Notice that the book content industry doesn't care about the livelihood of your UPS and FedEx delivery man. It would be interesting to calculate the total weight shipped and total fuel burned from delivering information which can be digitally transmitted.

    When are we going to start comparing people who purchase physical books, cds, DVDs, and software programs to SUV driving hogs, and indirectly funding terrorist foreign oil countries? It's a waste of time, resources, and environmentally unfriendly. Bookstores are unnecessary urban toxic dumps. Boycott them!

    --
    "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  3. Re:ok, this one's idiotic for a change by Anonymous Coward · · Score: -1, Flamebait

    please, crawl back under your rock. You represent everything I hate about capitolistic society.

    I know! So low income families can buy things like VCRs and DVD players and other electronics, I'll sell them as a hmmm oh! Rent to Own! The initial price will be really cheap but they'll continue to pay $30 a month for 6 years, even after the technology is outdated and it will end up costing 10 times the amout if they'd just bought it flat out.

    Are you a member of Amway? If not, I can let you in on this great deal!

  4. Why is the EFF supporting imunity for trafficking? by Dzonatas · · Score: 0, Flamebait

    It's at Wikileaks:
    http://digg.com/business_finance/EFF_caught_in_using_immunity_to_support_trafficking