buying promo cd's illegal? give me a break!

[BeautifulBurnout]

Originally Posted by Lx_Nen

He should have written 'not for suing' on his forehead. The record companies would then have to prove that their dubious scribbling was legal and his wasn't.

If the record company somehow does set a legal precedent that it's illegal to throw away unsolicited gifts if they have magic words written on them, I can imagine certain execs and lawyers might very quickly discover their houses full to the brim with promotional samples of manure that they can't legally dispose of.

In order to do this, the record industry would have to show why they deserved to be set apart as a "special case" in law, outside any other wholesale distributor or manufacturer, and that the doctrine of first sale doesn't apply to them. Alternately, they have to convince the court that the promos they send out are merely lent to the people receiving them. But as, it seems, not only are the promos unsolicited, but, further, there is nothing accompanying said promos to indicate that they must be returned to the company after use - no s.a.e.'s, no instructions about how to return them - they are on a sticky wicket with that one, imo.

I think they are on a hiding to nothing, but record companies appear to have bottomless pockets for this kind of case, and prolly thought the guy would cave in the same way he seems to have done on the last occasion. What they evidently did not take into account when embarking on this frolic was that the EFF might take an interest and fund his case.

I will be watching the outcome of this one very closely.