Sweet Guitarist Loses Lawsuit Against Fan Selling A Sweet CD On Ebay

Pollstar are reporting that Sweet guitarist Andy Scott has lost his battle to sue an eBay customer for selling a second-hand Sweet CD.

For five years Scott pursued Austrian eBay user Dietmar Huber after he posted a used copy of the Sweet CD The Legend Lives On for sale.

Huber refused to remove the CD and Scott demanded he be compensated for breach of copyright - he originally thought the CD was a bootleg.

But because the CD was a legitimate release, Huber kept it up on eBay and Scott filed an injunction to stop the sale. Scott demanded $US45,000, claiming he owned copyright on the name.

Previously corporations had sued eBay customers where 'first sale' doctrine existed but negative publicity has made this an unpopular option.

An Austrian high court has now ruled in Huber's favour, declaring it to be a private sale and ruling that no crime had been committed.

Scott will now face a hefty legal bill that includes payment for the court hearing along with both his and Huber's legal expenses. TechEYE.net estimates that the fees could cost as much as $US78,000 - Huber sold the CD for a $1.20.