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Judge rejects music industry’s promo CD copyright claim
[Quote:]
In a major pushback against music industry efforts to expand copyright control at the expense of consumers, a California judge has ruled that recipients of promotional CDs are free to do with them as they please. In other words, what would seem obvious to the layman, in this case also happens to be the law.
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“It was clear to the court that these CDs were the property of (the eBay merchant), and therefore he had the right to resell them,” said Joseph C. Gratz, attorney with Keker & Van Nest. “Copyright holders can’t strip consumers of their first sale rights just by sticking a ‘Not for Sale’ label on a CD.”
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