[TheBang]

This is so retarded. This issue about the promo CD's seems to come up like once a year. I don't think the record companies have a leg to stand on. I agree with the EFF's filing, and I think the courts will too.

The record companies can slap all the labels on the discs they want, doesn't make it so. It's like the signs in parking lots where they're like "Such And Such Parking Company cannot be held liable for any damages to cars parked here." Just because they say they're not liable doesn't mean that they're completely free of all liability.

When they give out these CD's with no reasonable expectation of return, it seems pretty clear that there has been a transfer of ownership, and that it's not a rental, lease, or license. I think first sale doctrine absolutely applies.

Hm, maybe I'll run this by my friend who's an IP law professor at UC Davis.