Fred von Lohmann explains why the Electronic Frontier Foundation has taken up the case of a used music merchant who’s been targeted by UMG for selling CDs marked “promotional use only.” At stake is the first sale doctrine: the principle that once a copyright holder sells or gives away a copy of a copyrighted work, that the new owner has the right to do as he pleases with that copy, including re-selling it, and that printing “not for resale” on the CD doesn’t change the equation.
Sounds like a worthwhile case. Legal documents are here.
Tim Lee / Timothy B. Lee (Contributor, 2004-2009) is an adjunct scholar at the Cato Institute. He is currently a PhD student and a member of the Center for Information Technology Policy at Princeton University. He contributes regularly to a variety of online publications, including Ars Technica, Techdirt, Cato @ Liberty, and The Angry Blog. He has been a Mac bigot since 1984, a Unix, vi, and Perl bigot since 1998, and a sworn enemy of HTML-formatted email for as long as certain companies have thought that was a good idea. You can reach him by email at leex1008@umn.edu.