'Not for Resale' free stuff

Universal Studios sent out a bunch of free promo CD's with a 'promotional use only' label to selected listeners. These CD's arrived completely free through the mail.
Troy Augusto, who decided to disregard that label and sell the disc on Ebay, is now fighting a lawsuit from Universal. The record company claims that the promotion use label identified the product as in part their property, and that they retained all rights of sale. Augusto claims that since the discs arrived in the mail with no action on his part, they were gifts and therefore his property.

The major significance is the challenges this case could pose for the 'first sale doctrine.' Universal wins, could a car manufacturer place a limit on the number of resales for the car? I could do a whole new post on that idea.

EFF has counter sued Universal on Augusto's behalf.

Constitution? What Constitution?

Bush administration claimed that the 4th amendment doesn't apply to them.

For at least 16 months after the Sept. 11 terror attacks in 2001, the Bush administration believed that the Constitution's protection against unreasonable searches and seizures on U.S. soil didn't apply to its efforts to protect against terrorism.

That view was expressed in a Justice Department legal memo dated Oct. 23, 2001. The administration on Wednesday stressed that it now disavows that view.

I'm embarrassed to say that I'm rusty enough on the Constitution that I had to look this up.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

So far this is just an echo chamber post, Hat tip to MRogers @ slashdot. But I can't think of any commentary that won't sound like whining.