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EFF Wins Promo CD Resale Case

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."

1 of 252 comments (clear)

  1. Re:ok, this one's idiotic for a change by holophrastic · · Score: 0, Redundant

    Wow, you did a great job of re-iterate what five people before you have already written, and without reading my replies to them. You've also said that if Dell sends you an unsolicited brochure, that you can sell their logo for profit, or use it in your own ads.

    Instead of telling you what I think, I'll let you make another attempt at reading my replies to others. Maybe then you can contribute something significant to the collaboration, instead of thinking that you're alone in a fight.

    Keep reading until you see the letters "GPL", the word "ship" and the term "time-trial".