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Wait, do I understand correctly, if this passes: If a company manufactures a smartphone anywhere else in the world, with no intent to sell it in CA, and someone
by captainmuon 11y ago
Wait, do I understand correctly, if this passes: If a company manufactures a smartphone anywhere else in the world, with no intent to sell it in CA, and someone else then sells this phone in CA, then the manufacturer is liable and not the seller? (Section 2, c), d))
Can they even do that? That seems extremely overreaching to me.
On the other hand, this interpretation kills the first loophole that came to mind. If the crime would be selling, not manufacturing, then "just" stop selling smartphones to stores and individuals in California (the black market would ensure that some would still come in). Or, even just imply that you would stop selling in CA in case such a bill passes - no lawmaker would risk setting their state back to the digital stone age and angering voters because smartphones suddenly become expensive contraband.
- blisterpeanuts 11y agoPresumably the workaround would be to "send us a donation, and we'll gift you a smartphone!" Therefore, no sales transaction would occur. Or they could just rebrand smartphones as electronic doorstops. They just happen to do everything a phone can do.
- dogma1138 11y agoI don't think for-profit organizations can accept donations. The transaction can then be proved in court because there was a direct exchange of assets between 2 or more parties.