EFF Copyright Case to First Sale Doctrine on CD Sales

It looks like EFF is going to be take up the case of promotional CD sales on Ebay:

The Electronic Frontier Foundation has taken up the case of a California man who has been sued by Universal Music Group for selling promotional CDs. Like other record labels, UMG distributes free CDs to radio stations and music reviewers in the hopes of drumming up publicity. The CDs come stamped with the label “promotional copy, not for sale.” Based on this notice and the fact that the copies were given away rather than sold, the labels argue that these “promo CDs” remain the property of the labels and are only leased to recipients for their personal use.

I really hope the judge finds that people control their own physical property and can sell it at will. I’ve often sold Windows CDs from laptop purchases on Craigslist.

I don’t use or need Windows so selling the CD for $50 means another dozen lattes or dinner at a nice restaurant.



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