Universal: You don’t own those promotional CDs we gave you
According to Universal, those promo CDs it sends out aren’t “given,” they are “licensed,” and the label gets to tell you if you’re even allowed to throw them in the trash. The EFF argues that the “first sale” doctrine means you can trash them at will… or sell them.
But the EFF's filing (PDF), made on Monday, argues that gifts have long been seen by courts to fall under the "first sale" rule. When a product is sent (unrequested) through the US Postal Service, case law…
Tags: , barry, case, doctrine, ebay, eff, fred von lohmann, label, music, nate anderson, promo, record, sale, troy augusto, universal