If the seller actually states that the item is a knockoff, is it legal (per se) for it to be sold on eBay? Example
If the seller actually states that the item is a knockoff, is it legal (per se) for it to be sold on eBay? Example
No, Adzma. Sales of counterfeit items are against eBay policy - the violation of copyright is illegal in many (most?) jurisdictions where eBay operates.
Eagerly waiting for Masterpiece Meister
While eBay might happily pledge that the sales of counterfeit items is not permitted, what method is used to interpret counterfeit? Perhaps this version of Optimus was not patented or copyrighted? How can we/ebay/or anyone short of a legal team know for sure?
Copyright laws in the US (and most developed countries) mean that works such as toy designs are automatically subject to copyright.
Eagerly waiting for Masterpiece Meister
Now... IANAL... but....
I still question the illegalities of someone in China making an item (where I don't think copyright protection exists) and sells it. I think it is up to the buyer to respect the local laws of the land as the person in China is not committing an offense.
The Chinese government isn't going to do anything about the manufacture of counterfeit goods anytime soon. It forms a large chunck of their domestic economy and stops the import of premium goods if people in China think the quality is similar. There was an interesting thread on TFW2005.com about it - basically the Chinese government has admitted they know about the problem but arn't doing anything about it.
The quality of that "BT" Prowl is scarily good too. I have heard that the Metroplex is almost identical and of a higher quality than previous KOs too, so there is a real threat now as well.
jay, the laws may be on the books, but a law that is enforced and a law that is ignored are two different creatures...
...when was the last time you saw someone stopped by Victoria Police for wearing hot pink pants after noon on a Sunday? I kid you not, it's on the books!
Eagerly waiting for Masterpiece Meister
oooh I saw that on TV! topics on weird and utterly useless laws in Australia... another is that you could go to jail for changing a broken lightbulb in your home ( you need to hire an electrician to do so - cant recall which state as well). Forgot which show it was though...
Wanted AM partner Vanguard, Myclones Dirge, G1 Victory Leo, e-hobby Dark scream ( the black version), e-hobby Magnificus
Parts- AM partner Basher-side guns, G1 Actionmaster Elite Windmill's blades[I][B]
now the question is - is the quality of the mini megs gun that comes with this toy good enough to replace part of my proper one that broke way back when?
George
www.mariokart64.com
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"Sometimes, the wrong thing feels so right"
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Last edited by jaydisc; 17th January 2008 at 11:12 AM. Reason: grammar and poise