EFF beats UMG in Augusto case; resale of promo CD's on eBay is NOT a copyright infringement
The key to the decision is the First Sale Doctrine: because the label transferred title of the promo CDs to music industry insiders, those insiders were owners of the CDs at the time they sold them.
[UMG Recordings v. Augusto, No. 07-cv-03106-SJO (C.D. Cal. decided June 10, 2008)]