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."

Please return this post ... or I'll sue you!

[trolltalk.com]

The judge ruled that the doctrine does apply because the discs were gifts. The labels indicate no expectation of their return

We can now expect to see them add a little "please return this CD to us when you're finished with it" to each promo disk.

Aww the EFF Won?

[CogDissident]

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.

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[account_deleted]

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Re:Please return this post ... or I'll sue you!

[j00r0m4nc3r]

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"?

Re:Aww the EFF Won?

[Paranatural]

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.

Finally!

[spun]

Now I know what to do with all my dead monkeys! [redhat.com]

Re:If I were to donate to any tech foundation

[Anonymous Coward]

Please, show me where I can examine their budgets and where all their money goes.

Thank you,

A potential donor.

P.S. This is non-negotiable. Give me a condescending answer and you're screwed. Got an attitude - you're screwed. You want money, kiss my ass and tell me why.

Mod me down and I'll screw the EFF over.

Welcome to the politics of a non-profit org.

Oh, Wha, wha wha!

Re:Aww the EFF Won?

[Anonymous Coward]

Oh I dunno, the entire electrical output for say a year, delivered in a a single burst, would work too.

"Who ordered this giant capacit*SHZZZZZZZZZK*"

Re:The EFF sure taught the industry a lesson!

[gclef]

postman hoc, propter hoc?

Re:Sheesh.

[TheStonepedo]

What an eloquent way to say "FR!ST P0$T!!1!!11!" while remaining on-topic. Well played, sir.

Re:What?

[oahazmatt]

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".