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need some lawyerin' translatin'

The_Hook_UpThe_Hook_Up 8,182 Posts
edited March 2008 in Strut Central
had an item removed form ebay...a new, still sealed copy of a Rhianna CD. This is the explaination:Parallel imports. You asked why your music titles have been removed from eBay. The products had not been first placed on the market in the EEA with the consent of the copyright owner in the EEA and they are being offered for delivery to purchasers in the United Kingdom. The issue to the public of the product (and all other recordings that have not been first placed on the market in the EEA with the consent of an EEA copyright owner) is an infringement of the distribution right conferred by Section 18 of the Copyright Designs & Patents Act 1988 ("the Act"). This provides that:"the issue to the public of copies [of sound recordings] is an act restricted by the copyright in [sound recordings]" and that references to the issue to the public are to "the act of putting into circulation in the EEA copies not previously put into circulation in the EEA by or with the consent of the copyright owner". In addition to primary infringement under Section 18, by offering the product for sale in the United Kingdom you are also infringing the rights provided by Sections 22 and 23 of the Act. Section 22 provides that: "The copyright in a work is infringed by a person who, without the licence of the copyright owner, imports into the United Kingdom, otherwise than for his private and domestic use, a [sound recording] which is, and which he knows or has reason to believe is, an infringing copy of the [sound recording]." Section 23 provides that:"The copyright in a [sound recording] is infringed by a person who, without the licence of the copyright owner:(a) possesses in the course of a business;(b) sells or lets for hire, or offers or exposes for sale or hire;(c) in the course of a business exhibits in public or distributes; an article which is, and which he knows or has reason to believe is, an infringing copy of the work"Pursuant to Section 27(3) of the Act, an infringing copy includes a CD which:-(i) has been or is proposed to be imported into the United Kingdom; and(ii) has been manufactured outside the United Kingdom by persons who did not have a licence from the owner of the United Kingdom copyright in the sound recording of which the CD is a copy to manufacture inside the United Kingdom; In the light of the above provisions, we insist that the products offered for sale by you to consumers in the United Kingdom remain removed from sale to ensure that no further infringements occur. the fuck????????

  Comments

  • RockadelicRockadelic Out Digging 13,993 Posts
    I would guess that the CD has not yet been officially released in the European Economic Area and since your auctions are available in Europe this would be like offering a movie or CD before it's official release here in the U.S.
  • DORDOR Two Ron Toe 9,899 Posts
    Fucked up... What's the CD? Just a regular US manufactured CD? Not promo or anything?

    Put the fucker up again and just take the UK outta being allowed to bid on the item.

    Weak sauce
  • The_Hook_UpThe_Hook_Up 8,182 Posts
    weird, shit is over a year old...
  • keithvanhornkeithvanhorn 3,855 Posts
    had an item removed form ebay...a new, still sealed copy of a Rhianna CD. This is the explaination:
    Parallel imports.

    i can tell you that the First Sale Doctrine is what allows you to sell this here, in the United States. i don't know about the law in the UK, but it is news to me that you can't place something for sale on the internet, from a website that is operated in the united states, because it conflicts with the law in the UK.

    also, whether it is legal or not legal really isn't the issue, considering its Ebay who doesn't want you to sell it, and presumably because they fear this uk law. i'd imagine, that because ebay stands to benefits from sales like yours, that their legal team has researched this issue. then again, it doesn't mean that they have come to the right conclusion.
  • ZEN2ZEN2 1,540 Posts
    Rip it to mp3 and blog it.

  • DB_CooperDB_Cooper Manhatin' 7,823 Posts
    had an item removed form ebay...a new, still sealed copy of a Rhianna CD. This is the explaination:
    Parallel imports.

    i can tell you that the First Sale Doctrine is what allows you to sell this here, in the United States. i don't know about the law in the UK, but it is news to me that you can't place something for sale on the internet, from a website that is operated in the united states, because it conflicts with the law in the UK.

    also, whether it is legal or not legal really isn't the issue, considering its Ebay who doesn't want you to sell it, and presumably because they fear this uk law. i'd imagine, that because ebay stands to benefits from sales like yours, that their legal team has researched this issue. then again, it doesn't mean that they have come to the right conclusion.

    Translation: eBay has a no touching rule between the UK and your CD.
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