Wednesday, June 03, 2015
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
HP's Futuristic 'Machine' Computer To Reach Software Developers Next Year
Samsung Licenses ARM's Mali GPUs
New Aquaris E5 HD Ubuntu Edition Smartphone Launches in Spain
Computex: ASUS Showcases Pen Stick PC Powered By A Cherry Trail CPU
Apple Is Recalling Beats Pill XL Speakers
IBM Buys Blue Box to Accelerate Open Hybrid Clouds
Yahoo Gives Advertisers Fraud Verification Tools
Fujifilm and imec Demonstrate Full-color Organic light-emitting diodes With photoresist technology for organic semiconductors
Active Discussions
Copy a protected DVD?
roxio issues with xp pro
How to burn a backup copy of The Frozen Throne
Help make DVDInfoPro better with dvdinfomantis!!!
Copied dvd's say blank in computer only
menu making
Optiarc AD-7260S review
cdrw trouble
 Home > News > Optical Storage > Ruling ...
Last 7 Days News : SU MO TU WE TH FR SA All News

Wednesday, January 05, 2011
Ruling Frees Promo CDs For Resale


The U.S. Court of Appeals for the 9th Circuit has shot down copyright infringement allegations from Universal Music Group (UMG), affirming an eBay seller's right to resell promotional CDs that he buys from secondhand stores.

The court also rejected UMG's attempt to claim that a sticker on a CD created a license agreement forbidding resale.

Troy Augusto, represented by the Electronic Frontier Foundation (EFF) and the law firm Durie Tangri LLP, was sued by UMG for offering promo CDs for auction on eBay. At issue was whether the labels on the CDs, some of which stated that they were "promotional use only, not for sale," trumped Augusto's right to resell the CDs that he bought. Copyright's "first sale" doctrine prevents a copyright owner from restricting further sales or uses of a work once title has passed.

In an opinion issued today, the appeals court held: "UMG transferred title to the particular copies of its promotional CDs and cannot maintain an infringement action against Augusto for his subsequent sale of those copies." The court noted that UMG did not maintain control of the CDs once it mailed them out, did not require the recipients to agree to the "conditions" it sought to impose with the not-for-sale label, and did not require return of the CDs if the recipient did not consent.

"This ruling frees promotional CDs from the shadow of copyright infringement claims, which is good news for music lovers," said EFF Intellectual Property Director Corynne McSherry. "But it also has broader ramifications. The court flatly rejected the argument that merely slapping a notice on a copyrighted work prevents the work from ever being sold. It eliminates the risk of copyright infringement claims against later recipients -- regardless of whether they paid for the work."

"The Ninth Circuit recognized an important principle: that you can't eliminate consumers' rights just by claiming there's a 'license agreement,'" said Joe Gratz of Durie Tangri, lead counsel for Mr. Augusto. "Once a copyrighted work is freely given, the copyright holder isn't in charge anymore. The copyright owner can't stop you from selling it or lending it to a friend."


Previous
Next
Qualcomm to Acquire Atheros For 3.1 Billion Dollars        All News        SiS Launches SiS9561 Android Internet TV SoC Solution
LG Introduces Portable Blu-ray Writers And NAS Devices at CEs 2011     Optical Storage News      Imation To Expand Its RDX Removable Hard Disk Storage Portfolio

Get RSS feed Easy Print E-Mail this Message

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2015 - All rights reserved -
Privacy policy - Contact Us .