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A tribal nation makes more sense for the US market. >Copyright holders might try and block an import, but they would be fighting a harder battle against "paral

A tribal nation makes more sense for the US market. >Copyright holders might try and block an import, but they would be fighting a harder battle against "parallel import" laws. They can claim that it's counterfeit, have customs seize it, then force you to file legal action to reclaim your property. Not really the best place to be TBH.

Analemma_ 8y ago
Good thinking, but US courts have established that you can’t use tribal nations for IP shenanigans: https://arstechnica.com/tech-policy/2017/10/judge-throws-out-allergan-patent-slams-companys-native-american-deal/ https://arstechnica.com/tech-policy/2017/10/judge-throws-out... (The linked case concerns “evil shenanigans”, in contrast to your proposed “good shenanigans”, but I doubt that argument would carry much sway in court.)
- ThrustVectoring 8y ago
  I'm aware of the case, just think the courts may take a different stance on "can US copyright law prevent tribal nations from repairing devices" vs "can tribal sovereign immunity be used to preempt US patent law outside of the tribe itself"
sjwright 8y ago
Given that Apple doesn't sell its batteries or screen assemblies to anyone in any country, it's therefore impossible for them to be legitimately parallel-imported and therefore trivial for Customs to suspect them of being counterfeit or stolen. That's why they're getting caught. But I don't get why anyone is complaining because the solution is INSANELY simple: if you want to parallel import parts from China, make sure they don't have Apple logos printed on them. That's an absurdly low bar to clear. It's so low that it makes me wonder if these controversies are being—pardon the pun—manufactured.
- zAy0LfpBZLC8mAC 8y ago
  > Given that Apple doesn't sell its batteries or screen assemblies to anyone in any country, it's therefore impossible for them to be legitimately parallel-imported and therefore trivial for Customs to suspect them of being counterfeit or stolen. It might surprise you, but Apple does sell all of those. The products that you are looking for are called for example iPhones and MacBooks.
  - sjwright 8y ago
    Apple doesn't sell these parts in bulk quantities and encased in protective plastic films and shims, that for all appearances appears to have come directly from a factory. If Customs sees that, then it's reasonable for them to—let me quote myself—suspect them of being counterfeit or stolen. I didn't say they should assume they are.

Analemma_ 8y ago

Good thinking, but US courts have established that you can’t use tribal nations for IP shenanigans: https://arstechnica.com/tech-policy/2017/10/judge-throws-out-allergan-patent-slams-companys-native-american-deal/ https://arstechnica.com/tech-policy/2017/10/judge-throws-out... (The linked case concerns “evil shenanigans”, in contrast to your proposed “good shenanigans”, but I doubt that argument would carry much sway in court.)

ThrustVectoring 8y ago
I'm aware of the case, just think the courts may take a different stance on "can US copyright law prevent tribal nations from repairing devices" vs "can tribal sovereign immunity be used to preempt US patent law outside of the tribe itself"

sjwright 8y ago

Given that Apple doesn't sell its batteries or screen assemblies to anyone in any country, it's therefore impossible for them to be legitimately parallel-imported and therefore trivial for Customs to suspect them of being counterfeit or stolen. That's why they're getting caught. But I don't get why anyone is complaining because the solution is INSANELY simple: if you want to parallel import parts from China, make sure they don't have Apple logos printed on them. That's an absurdly low bar to clear. It's so low that it makes me wonder if these controversies are being—pardon the pun—manufactured.

zAy0LfpBZLC8mAC 8y ago
> Given that Apple doesn't sell its batteries or screen assemblies to anyone in any country, it's therefore impossible for them to be legitimately parallel-imported and therefore trivial for Customs to suspect them of being counterfeit or stolen. It might surprise you, but Apple does sell all of those. The products that you are looking for are called for example iPhones and MacBooks.
- sjwright 8y ago
  Apple doesn't sell these parts in bulk quantities and encased in protective plastic films and shims, that for all appearances appears to have come directly from a factory. If Customs sees that, then it's reasonable for them to—let me quote myself—suspect them of being counterfeit or stolen. I didn't say they should assume they are.