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Originally Posted by Shaggy
Yes, that is a legal transaction. You are confusing selling stolen property with unauthorized distribution of copyrighted material. They are completely different things.
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Erk?
I went with this example specifically to avoid conflating "intellectual property violations" with "stolen property." Counterfeit and piracy are completely different from theft and/or reselling stolen goods.
Quote:
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Originally Posted by Shaggy
In your example, the buyer legally owns the DVD and the seller is guilty of copyright infringement.
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Nope.... Even though the buyer is acting in good faith, the entire transaction is illegitimate. There is no way that I know of to legally own a counterfeit good.
Or do you believe that a counterfeit sales transaction is, in fact, legitimized by virtue of the ignorance and/or motive of the purchaser? E.g. if I manufacture a knockoff Hermes "Birkin" handbag and sell it, that's clearly illegal. Does the act of selling it in an otherwise legal fashion (e.g. cash transaction vs stolen credit card transaction) somehow make the knockoff handbag a "legit" object? Once the sale is complete, does the counterfeit Hermes bag magically become an original? How, exactly, is it possible that the counterfeiter is performing an illegal transaction, and for the buyer the exact same transaction is treated as as legitimate?
Whether this allows the retailer to take actions to reverse the sale is probably best regarded a separate issue, but it's very clear that the content and the transaction was, without a doubt,
not legitimate.