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Journal NewYorkCountryLawyer's Journal: UMG Sues eBay Reseller of Promo CD's Despite "First Sale" 2

Journal by NewYorkCountryLawyer
UMG Recordings, part of the Universal music group, one of the "Big 4" record companies, has brought suit against an eBay reseller of Promo CD's (pdf), in UMB v. Augusto, in California. The defendant, whose legal team includes the Electronic Frontier Foundation, is fighting back (pdf), claiming that his sales of the CD's are lawful under the "first sale" doctrine under Section 109 of the Copyright Act (17 USC 109), and counterclaiming against UMG for sending out false notices under the DMCA (Copyright Act Section 512).
This discussion was created by NewYorkCountryLawyer (912032) for no Foes, but now has been archived. No new comments can be posted.

UMG Sues eBay Reseller of Promo CD's Despite "First Sale" More

UMG Sues eBay Reseller of Promo CD's Despite "First Sale"

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  • Should not UMG sue the people who sold the CDs to Augusto? Of course they don't want to do that since it would cause a backlash from the very people UMG seeks to influence with the promo CDs.

    What a waste of time. How much is UMG losing from sales of promo CDs?
  • Back in the Olden Dayz, "Not for resale" stickers were on most DJ promotional copies of vinyl records too -- wouldn't that also violate the doctrine of first sale?

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