08-09-2007, 08:27 AM
Quote:When Universal Music Group found that Roast Beast Music was selling promotional CDs on eBay, they sent takedown notices to the auction site, and the Roast Beast account was eventually suspended. In May, UMG filed a federal copyright-infringement suit against Roast Beast Music proprietor Troy Augusto because it was unhappy with the fact that Augusto was selling promotional CDs on eBay--the doled-out-by-the-record-company freebies that are seen as music writers' trash, and music obsessives' treasure. But earlier this week, the Electronic Frontier Foundation filed a countersuit against UMG--the organization's second suit against the music behemoth in a month!--stating that Augusto had the right to sell those CDs under the "first sale" doctrine...
full article: http://idolator.com/tunes/lawsuits/if-yo...287302.php
Quote:An eBay seller is taking on Universal Music Group (UMG) in court after the record industry giant targeted his online music sales with false claims of copyright infringement.
The Electronic Frontier Foundation (EFF) and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Augusto does business on eBay under the name Roast Beast Music and specializes in sales of rare and collectible music.
Copyright law's "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder. Nevertheless, Universal demanded that eBay take down Augusto's auctions, claiming that CDs marked as "promotional use only" remain the property of Universal and thus can never be resold...
full announcement: http://www.eff.org/news/archives/2007_08.php#005393