Submission + - EFF Wins Promo CD Resale Case (eff.org)
DJMajah writes: Universal Music Group's case against Troy Augusto, fought by the EFF, has been dismissed by a federal judge. UMG sued Augusto, the owner of Roast Beast Music, over 26 eBay sales 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 they were not actually sold and therefore remained their property. The judge ruled that the doctrine does apply because the discs were gifts, as the label has no expectation of their return.
