Is Throwing Away A CD Legal?

In a binge of craziness, the Universal Music Group is arguing that music reviewers, radio stations, and DJs who throw away promo CDs are breaking the law! They actually believe that this qualifies as "an unauthorized distribution" that violates copyright law.

The actual quote is as follows:

"Alternatively, Augusto testified that 'a common way to dispose of them' is to give unsold promotional CD away, or he may throw them away. SUF 34. Both are unauthorized distributions."