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> you were from the future with a Star Trek replicator an when in to Sam Goody, Scanned the Cassette and made a perfect replica of it it would not be theft Th

> you were from the future with a Star Trek replicator an when in to Sam Goody, Scanned the Cassette and made a perfect replica of it it would not be theft This is certainly false, no need to speculate. There is presently an entire underground industry of fake Louis Vuitton handbags, and other luxury brands. The goods may be amazing replicas but the legality is clear... an unauthorized source simply cannot produce LV handbags at will, and knowingly purchasing one is not legal either. Do I think there is any actual risk that an individual person would be prosecuted for buying one of these bags? As I said elsewhere, no. It still doesn't make it legal.

phpisthebest 4y ago
Again the problem here is not the duplicate bag, it is the act of SELLING or DISTRIBUTING the bag I can take material and make an exact replica of a Louis Vuitton handbag for my own personal use, however if I tried to SELL it as a Louis Vuitton handbag it would be fraud and trademark violation. So in the case of the Sam Goody, Scanned the Cassette I can take a star Trek replica for my own personal use, perfectly legal. I just could not SELL IT, or DISTRIBUTE IT >> and knowingly purchasing one is not legal either. I would love to see the statute on that, not saying your wrong but it would have to be a local law and I bet would not apply to the context of a digital download. Edit: Under US Federal law there is no prohibition on Knowingly buying counterfeit goods ( https://www.findlaw.com/consumer/consumer-transactions/buying-counterfeit-goods-laws-and-resources.html https://www.findlaw.com/consumer/consumer-transactions/buyin... )
- listenallyall 4y ago
  That links to trafficking statutes. And it states, "it is not a crime under this act for an individual knowingly to purchase goods bearing counterfeit marks, if the purchase is for the individual's personal use." I emphasize under this act, since this act relates to trafficking. That doesn't say that it is not illegal under any other act or law. Customs and Border Patrol seems quite clear: "It is illegal to purchase counterfeit goods." Period. No ifs/ands/buts. https://www.cbp.gov/trade/fakegoodsrealdangers#:~:text=It%20is%20illegal%20to%20purchase,forced%20labor%20or%20human%20trafficking https://www.cbp.gov/trade/fakegoodsrealdangers#:~:text=It%20....
  - phpisthebest 4y ago
    CBP provides no code statute under which they have made this declaration so it seems to be more of a scare tactic than at legal opinion. Further given the context to CBP they are also most likely talking about knowingly importing counterfeit products into the US after buying while traveling That is way way off course from the topic of digital nor does it make it illegal to buy just illegal to import You have yet to provide the needed statute citation to back your claims that it is either illegal to buy a counterfeit nor how that would apply to the original thesis that it is note illegal to download a copyrighted work only illegal to distribute or upload it

phpisthebest 4y ago

Again the problem here is not the duplicate bag, it is the act of SELLING or DISTRIBUTING the bag I can take material and make an exact replica of a Louis Vuitton handbag for my own personal use, however if I tried to SELL it as a Louis Vuitton handbag it would be fraud and trademark violation. So in the case of the Sam Goody, Scanned the Cassette I can take a star Trek replica for my own personal use, perfectly legal. I just could not SELL IT, or DISTRIBUTE IT >> and knowingly purchasing one is not legal either. I would love to see the statute on that, not saying your wrong but it would have to be a local law and I bet would not apply to the context of a digital download. Edit: Under US Federal law there is no prohibition on Knowingly buying counterfeit goods ( https://www.findlaw.com/consumer/consumer-transactions/buying-counterfeit-goods-laws-and-resources.html https://www.findlaw.com/consumer/consumer-transactions/buyin... )

listenallyall 4y ago
That links to trafficking statutes. And it states, "it is not a crime under this act for an individual knowingly to purchase goods bearing counterfeit marks, if the purchase is for the individual's personal use." I emphasize under this act, since this act relates to trafficking. That doesn't say that it is not illegal under any other act or law. Customs and Border Patrol seems quite clear: "It is illegal to purchase counterfeit goods." Period. No ifs/ands/buts. https://www.cbp.gov/trade/fakegoodsrealdangers#:~:text=It%20is%20illegal%20to%20purchase,forced%20labor%20or%20human%20trafficking https://www.cbp.gov/trade/fakegoodsrealdangers#:~:text=It%20....
- phpisthebest 4y ago
  CBP provides no code statute under which they have made this declaration so it seems to be more of a scare tactic than at legal opinion. Further given the context to CBP they are also most likely talking about knowingly importing counterfeit products into the US after buying while traveling That is way way off course from the topic of digital nor does it make it illegal to buy just illegal to import You have yet to provide the needed statute citation to back your claims that it is either illegal to buy a counterfeit nor how that would apply to the original thesis that it is note illegal to download a copyrighted work only illegal to distribute or upload it