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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."

7 of 252 comments (clear)

  1. Aww the EFF Won? by CogDissident · · Score: 5, Funny

    I'm actually a bit sad that the EFF won on this case. Because if it hadn't of been overturned, you could label "anything" as no-resale and send it to someone. Like, you know, that giant pile of bricks or the entire output of a nuclear reactor and mail it to the RIAA.

    Because, with the policy they were trying to establish precedent for, you could do so, mark it as no-sale and no-disposal, and force them to build warehouses to store the random crap you send them.

    1. Re:Aww the EFF Won? by Paranatural · · Score: 5, Funny

      As fun as that would be, I could see a few problems with it:

      1) I'd lose my job - The warehouse would start to question why I always had my Jeep full of boxes and barrels to ship out to CA, and would complain about the shipping charges.

      2) I'd be arrested - After plundering every Goodwill dropoff area (a.k.a. 'Round back') for weeks on end for used underwear and rugs that have seen more cat urine than most litter boxes.

      3) The ASPCA would track me down - After stealing several monkeys, which I would train to fill buckets full of monkey semen to send to the offices of the lawyers for the RIAA. Imagine hundreds of barrels of monkey semen, all no-resale and no-disposal. Think about it.

      I am.

      And I need a bucket.

  2. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  3. Re:Please return this post ... or I'll sue you! by j00r0m4nc3r · · Score: 3, Funny

    I don't think even that is enforceable. If you give something to someone unsolicited it's a gift and the recipient can do whatever they want with it regardless of whatever BS sticker it attached to it. I mean, why not put a sticker on it that says "Return after 30 days, along with $1000"?

  4. Finally! by spun · · Score: 4, Funny

    Now I know what to do with all my dead monkeys!

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  5. Re:The EFF sure taught the industry a lesson! by gclef · · Score: 4, Funny

    postman hoc, propter hoc?

  6. Re:What? by oahazmatt · · Score: 5, Funny

    The RIAA didn't walk away from the case and then try to re-sue using a different judge this time? They would have, but the defense slapped a sticker on the paperwork stating "not for re-trial".
    --
    Those who believe the Internet is private,
    find their privates are on the Internet.