DISQUS

Good discussion, guys. I've been following this case and I wish you luck.





There is one argument in Mr. Augusto's favor, though, that I have not seen presented yet, which I heard several years ago and always appealed to me.





The argument is that a 'First Sale' HAS taken place by virtue of Universal mailing out these promotional CDs in the hope or expectation of receiving 'buzz' or good press. While no money exchanged hands, Universal did not send these CDs out to everyone. Their court statement reads that the CDs are sent to "a select group of individuals who are in a position to generate "buzz" or interest in the recording among the consuming public". Universal is not distributing these CDs out of the goodness of their heart - they are distributing them in the specific hope of receiving something in return. I believe you can make an argument that a 'sale' now has taken place, even though no money changed hands.





Further, and specfic to Mr. Augusto's case, one of the CDs Universal is claiming ownership of is emphatically different by its nature from the others it is contesting. Universal lists The Killers 'Sam's Town Best Buy Exclusive' as one of the CDs they own, but this CD is not like the others, and was not sent out to reviewers. Rather, it was sold to thousands of consumers by Best Buy Stores as a bonus for early purchasers of the Killers album. The Killers CD, unlike the others on Universal's list, WAS most definitely paid for with cash by the consumers who bought the item at Best Buy, including many CD dealers who buy these limited items specifically to resell them to collectors without access to Best Buy who want the rare CDs.





Good luck, JAY