Shipment of Fake Guitars Seized

[rmp]

Originally Posted by TheGITM

Agreed. Buying a counterfeit product for personal use is not a prosecutable offence. Buying counterfeit product with the intent to distribute would be prosecutable. So, if you were to buy a fake something, and then turn around try to sell the fake something... then you would be committing a crime.

if I buy a Cibson J200 for 450 bucks, then after a few weeks decide to sell it with full disclosure of what it is, and set the asking price at $350, you're saying that should be prosecutable? Sorry but I don't see how..

Now change the stance

List it for $1,999 and make NO mention of the country of origin, I'm not sure THAT is even a crime, but it does mean I'm a total jerk for doing that.

[madison]

I don't see how full disclosure relieves you of guilt. You're still trafficking counterfeit goods. Just letting your customer in on the counterfeiting doesn't change that.

[TheGITM]

Originally Posted by rmp

if I buy a Cibson J200 for 450 bucks, then after a few weeks decide to sell it with full disclosure of what it is, and set the asking price at $350, you're saying that should be prosecutable? Sorry but I don't see how..

Now change the stance

List it for $1,999 and make NO mention of the country of origin, I'm not sure THAT is even a crime, but it does mean I'm a total jerk for doing that.

Yeah, according to the law, it is. Doesn't matter how you label it. If it is a counterfeit product and you sell it, technically you are breaking the law. Does that mean you'll be prosecuted? Probably not. What I'm saying is that purchasing with the 'intent to resell' is what prosecutors would be looking for... that's very different from buying a Gibson J200 from China for your personal use.

Anyway, I doubt anyone in these part is looking to broker counterfeit products, so I think we're probably safe.

[Street Glider]

Originally Posted by madison

I don't see how full disclosure relieves you of guilt. You're still trafficking counterfeit goods. Just letting your customer in on the counterfeiting doesn't change that.

I don't think selling a counterfeit guitar qualifies as "trafficking".

You never hear of someone getting popped with a single joint and being charged with trafficking marijuana...

[madison]

18 U.S. Code § 2320 - Trafficking in counterfeit goods or services

a) Offenses.—Whoever intentionally—
1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services ...


(5) the term “traffic” means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of; …

(b)Penalties.—
(A) if an individual, shall be fined not more than $2,000,000 or imprisoned not more than 10 years, …

[rllink]

Originally Posted by Street Glider

I don't think selling a counterfeit guitar qualifies as "trafficking".

You never hear of someone getting popped with a single joint and being charged with trafficking marijuana...

They do if they are selling it. It is interesting how many people think it is okay as long as you aren't selling it. Pirating music is one of those. I have lots of friends who pirate music and brag about how they haven't paid for an album for decades.

[jazzereh]

Originally Posted by rllink

They do if they are selling it. It is interesting how many people think it is okay as long as you aren't selling it. Pirating music is one of those. I have lots of friends who pirate music and brag about how they haven't paid for an album for decades.

^^^^
This is really the key point here. People want 'stuff' cheap or for free so the illegal markets for things like knock-offs and pirated music will always attract buyers.

[Mr. Jelly]

I bought a fake Gibson Les Paul once. That was before anyone was aware they were being made. A friend that sold Gibson guitars in his music store told me about them. He said he was buying some to keep as collectors items. It was a fine guitar. I ended up giving it to my grandson.

[619TF]

Originally Posted by jazzereh

^^^^
This is really the key point here. People want 'stuff' cheap or for free so the illegal markets for things like knock-offs and pirated music will always attract buyers.

OR people want things that are simply priced beyond their ability to obtain the real ones with their limited funds and are willing to take a hit on quality for something "close enough" to satisfy that desire.

Music is under completely different sections of the law and treated very differently as it should be.