Exhausted! The promo CD case
Yesterday, the district court granted summary judgment in favor of promotional CD reseller Troy Augusto on his copyright exhaustion claim.
The Electronic Frontier Foundation, representing Augusto, has posted a pdf of the opinion here.
Those who wonder whether purported licenses on tangibles (”Not for resale,” etc.) can negate the exhaustion principle, in copyright or in patent, need to take a close look at Judge Otero’s analysis
