Comments on: Ex-MTV Executive A Suspect In Promo and Piracy Case

By: dingdong63632

dingdong63632 — Thu, 10 Jun 2010 07:25:44 +0000

Joinhttp://www.clotheshops.usyou will find everything you wish here.

By: Michael

Michael — Wed, 09 Jun 2010 08:39:15 +0000

As a former journo, I was reminded occasionally that the CDs being sent to remained the property of the sender not the receiver. It shouldn’t make such a difference, but in this day and age…

However, I know of colleagues that were selling promo CDs to second-hand shops on the day of release, which I always felt a bit unfair of them.

By: G Thompson

G Thompson — Wed, 09 Jun 2010 05:55:19 +0000

The whole argument on the publishers “owning” the promotional CD’s and can require them back at any time, and if you do not return can be either charged with theft (or in actuality Detinue) breaks down when you consider one important fact about “promo” products that these organisations forget to mention.

They have claimed all of the promotional products back under Tax as either “marketing” and/or the sending of Gifts for promotional purposes. This is under all UK/US/CAN/AUS Tax structures.

So if these companies then “win” the battle of not allowing anyone to resell these marketing gifts, then the companies then will have a nice case to answer to by the relevant Tax authorities. Like “Pay back the Tax you claimed”. I would suspect that would be in the order of millions of pounds (if not billions) over the last few decades.. And yes I would think the tax authorities would retrospectively backdate.

By: hey

hey — Wed, 09 Jun 2010 01:18:36 +0000

Good article, writing and researching skills are improving nicely.
My question is this: Whats the difference in terms of Promo cds and dvd screeners sent out? They both say for such and such, not to be sold.
If it’s been tried in court and found that promo cds are legal to sell, then why not a dvd screener?

By: shoop-da-woop

shoop-da-woop — Tue, 08 Jun 2010 22:36:33 +0000

This guy was supplying 2 major music groups, -DV8 and -ARTiSTNAME. He deserves everything he gets.

By: John

John — Tue, 08 Jun 2010 21:05:07 +0000

@ 32 – Ricardo

Actually, you can print whatever nonsense you like on a product. Doesn’t make it legally binding though.

Many keys have on them “Do not duplicate”.
Means nothing to 99% of locksmiths which carry that keyblank. Unless there’s a law on duplication (which there are on some government ones), you can copy it.

Same goes for CDs you own.
Not the case for CDs you lease though… which sounds like it might have been the case.
The real question is – did he own the promo CD or was he leasing it.

By: Ricardo

Ricardo — Tue, 08 Jun 2010 20:04:26 +0000

“If someone legitimately and freely gives a another person an item, should they then be entitled to do with it as they please? With just about any other item on this planet that would be fine. With promo copies of music, it seems to be a different story.”

Its not that simple. As stated here, the CD’s are clearly marked as “not for resale”.

By: ttzdhka

ttzdhka — Tue, 08 Jun 2010 18:52:24 +0000

$3o Air J0rdan sh0es,Sh0x sh0es,Gucci,1V sh0es

$33 True-Religion jeans, Ed Hardy jeans,1V,C00gi jeans,Aff1icti0n jeans

$15 Ed-Hardy ,1v ,Guc ci Bikini

$15 P0L0, Ed-Hardy, Gu cci, 1v, Lac0ste T-shirts

$25 C0ach,Gu cci,1v,Prada,Juicy,Chane1 handbag,

$10 C0ach,Ed-Hardy,1v sunglasses

$9 New Era caps.

Welcome to ======================olapparel.com

By: DonkeyPunch

DonkeyPunch — Tue, 08 Jun 2010 17:10:27 +0000

Always enjoy reading your articles, enigmax. Well done.

By: Anonymous

Anonymous — Tue, 08 Jun 2010 13:34:34 +0000

Slapping “Not for sale/resale” on any item means fuck all. There is no contract. Nobody agreed anything. Just one side made up some rule.

There is a precedent for this but I forget whether it was US or UK.

A guy working for a radio station used to take promo CDs out of the bin out back after they had been discarded by the radio station. He would then sell them. The radio station tried to sue him, I think, on theft. He got away with it, because

a) when you throw your rubbish out you are relinquishing ownership

b) simply stating “not for resale” has no legal basis and actually contravenes certain rights.

That was only 1 or 2 years ago but things have moved on a lot since then thanks to the shady underhand dealings from the RIAA/MPAA. Who knows what result they will get now that they have corrupted and subverted politicians and judges etc. to their side.