Music Industry Claims Throwing Away Free CDs is Illegal
Universal Music Group has filed a rather ... interesting legal brief in a case against a man accused of re-selling promotional CDs he legally purchased used at a record shop. UMG has claimed that not only was the man breaking the law by selling the albums, even the act of throwing them in the trash would have been committing music piracy. The industry seems to be hoping to change the way you buy your music, so that if you purchase a CD you're not buying anything but a bit of plastic. The music on there isn't actually yours and, should you get tired of it, you don't have the right to resell it. This is traditionally known as the first-sale doctrine and is the reason why selling used books, CDs, and movies is legal. So is giving away those items -- for now.
Right now UMG's legal filing covers only promotional CDs, those given out for free to DJs and such, and it remains to be seen whether they'll even have any success making this argument. So, it's not the end of the used music store just yet. However, don't forget that when "buying" music files from stores like iTunes you're actually just licensing it, having sworn away your right to resell anything you download. So before you get too angry at UMG remember that you're embracing this sort of licensing elsewhere!
From TechDirt
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Reader Comments (Page 1 of 1)
STNC @ Apr 10th 2008 11:06AM
When is all of this going to end, these stupid arguments by the music industry and mainly RIAA are just that, STUPID! I think it will collapse from within, with bands like Nine Inch Nails selling their songs at however much you want to pay for it, so if you think it should be free, it can be, but most people pay a fair price for it. It is actions like those that will bring down this crap.
D0mth0ma5 @ Apr 10th 2008 11:32AM
Quite possibly the dumbest law i've ever heard. I assume this is only enforceable in the USA, otherwise there's an awful lot of charity shops that are gonna be sued...
Mischa Gresser @ Apr 10th 2008 3:25PM
Nothing like telling consumers they don't own what they bought. Typical.
Matt @ Apr 10th 2008 3:28PM
They are talking about promo's! And it's actually illegal for record stores to buy them back let alone for you to purchase one and sell it back. Most promo's say right on the packaging "Not for resale" thus universals statements are correct.
I'm all for bashing major labels but when there right, there right.
RCL1221 @ Apr 10th 2008 10:45PM
RIAA=FAILtown.