Universal Music Group v. Augusto

"Universal Music Group v. Augusto" is a lawsuit filed by Universal Music Group against Troy Augusto, a man who sold promotional CDs on eBay. UMG claims that their promotional CDs marked "promotional use only" are their property for eternity and cannot be resold.

Augusto deceives potential eBay buyers by speciously claiming that he has the right, under U.S. copyright law, to sell the "Promo CDs" under the "first sale doctrine" embodied in 17 U.S.C. § 109. (In fact, since "Promo CDs" are never sold, only licensed, that doctrine simply does not apply.)cite web |url=http://www.eff.org/files/filenode/umg_v_augusto/20070510_umg_complaint.pdf |title=UMG complaint for copyright infringement |accessdate=2008-04-11 |format=PDF |publisher=Electronic Frontier Foundation ]

The Electronic Frontier Foundation has stepped in on behalf of Augusto and claimed that Augusto has the right to resell the CDs under the first sale doctrine.

Augusto admits that under 17 U.S.C. § 109 he is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of CDs he owns, including the CDs at issue in this action. Augusto admits that the limitation on a copyright holder’s distribution right set forth in 17 U.S.C. § 109 is sometimes referred to as the “first sale doctrine.” Augusto admits that he has cited 17 U.S.C. § 109 from time to time in his auction descriptions. Augusto denies the remaining allegations in this paragraph.cite web |url=http://www.eff.org/files/filenode/umg_v_augusto/20070806_augusto_answer.pdf |title=Troy Augusto's response |accessdate=2008-04-11 |format=PDF |publisher=Electronic Frontier Foundation ]

References

External links

* [http://www.eff.org/cases/umg-v-augusto UMG v. Augusto] , EFF.org

* cite news
last = Jones
first = K.C.
title = Universal Sues Online Collectible Music Seller Over Promo CDs
publisher = InformationWeek.com
date = August 10, 2007
url = http://www.informationweek.com/news/internet/showArticle.jhtml;jsessionid=RSG0Y04XT5EPMQSNDLOSKH0CJUNN2JVN?articleID=201400107
accessdate = 2008-04-14

*cite news
last = Musgrove
first = Mike
title = Online CD Seller Fights Suit
publisher = Washingtonpost.com
date = September 22, 2007
url = http://www.washingtonpost.com/wp-dyn/content/article/2007/09/21/AR2007092102152.html
accessdate = 2008-04-14

* cite news
last = Hefflinger
first = Mark
title = EFF Sues Universal Music Over Right to Resell Promotional CDs
publisher = digitalmediawire (dmwmedia.com)
date = August 7, 2007
url = http://www.dmwmedia.com/news/2007/08/07/eff-sues-universal-music-over-right-to-resell-promotional-cds
accessdate = 2008-04-14

* cite news
last = Hefflinger
first = Mark
title = EFF Supports eBay Seller in Promo CD Resale Lawsuit
publisher = digitalmediawire (dmwmedia.com)
date = April 9, 2008
url = http://www.dmwmedia.com/news/2008/04/09/eff-supports-ebay-seller-promo-cd-resale-lawsuit
accessdate = 2008-04-14

* cite web
last = Chasick
first = Alex
title = Universal Music Group: Throwing Away Promotional CDs Is An "Unauthorized Distribution"
work = The Consumerist
publisher = Gawker Media
date = 2008-04-10
url = http://consumerist.com/378115/universal-music-group-throwing-away-promotional-cds-is-an-unauthorized-distribution
accessdate = 2008-04-14

* cite web
last = Methenitis
first = Mark
title = Law of the Game on Joystiq: RIP Consumer Rights
work = Joystiq
publisher = Weblogs Inc.
date = 2008-04-16
url = http://www.joystiq.com/2008/04/16/law-of-the-game-on-joystiq-rip-consumer-rights/
accessdate = 2008-04-17