[78-L] Sale of promotional product

[Michael Biel]

On 1/6/2011 1:36 PM, Cary Ginell wrote:
> http://www.variety.com/article/VR1118029772?refCatId=1678
>
> So the record companies finally lost this battle. Now we'll see if eBay stops terminating auctions of promotional LPs and CDs.   I doubt it.  Cary Ginell 		

Since this case was specifically about someone who sold promo CDs on 
Ebay, I would hope that the next step would be this person's resumption 
of listings to test the waters -- and sue ebay if they pull the 
listings.  I don't know if it was part of the evidence in these cases, 
but there are numerous examples of the record companies themselves 
selling records marked as Promotional Not For Sale.  The Warner Bros 
Loss Leaders are prime examples.   This case seems to have rested on 
both the First Sale doctrine -- which the WB Loss Leaders would fall 
under, and the receipt of unsolicited items which you are always 
entitled to dispose of in any way you feel fit, including sale.

Mike Biel  mbiel at mbiel.com