UMG v Augusto

Memorandum of Points And Authorities in Support of Troy Augusto's Motion For Summary Judgment


Online CD Seller Fights Universal's Bogus Infringement Allegations Record Industry Claims Would Undermine Right of 'First Sale'

An eBay seller is taking on Universal Music Group (UMG) in court after the record industry giant targeted his online music sales with false claims of copyright infringement. EFF and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Copyright law's "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder. Nevertheless, Universal claims that CDs marked as "promotional use only" remain the property of Universal and thus can never be resold.

This is Augusto's Memorandum of Points & Authorities in Support of his motion for summary judgment regarding UMG's complaint for copyright infringement and on Augusto's counterclaim alleging UMG violated section 512(f) of the Digital Millenium Copyright Act.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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