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Originally Posted by Elfwreck
But they weren't selling "stolen property." They making unauthorized copies. They were inaccurately marked "available for sale," but they didn't belong to someone else who lost access to them when they were sold.
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They were selling a product they were not authorized to sell. When they became aware of it, they took steps to rectify by removing the copies and refunding the money.
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Intellectual property is not treated like physical property. There are some very important legal differences--theft is a crime. Unauthorized copies fall under civil law; the state doesn't prosecute them.
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Once upon a time I worked in licensing for Warner Bros. We had attorneys who did nothing but go after companies who used WB intellectual properties without a license. Be it making products for sale to the public or using an image of one of properties to advertise their business (even preschools
), if the lawyers found out about it, someone was going to get a Cease and Desist order or worse.
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If there's no return terms (and "whenever we feel like it" is not a legal set of return terms), it's a sale, regardless of what the seller wants to believe.
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This was not a case of "whenever we feel like it". As to it being sale, legitimate or not, that is for the law to decide. I don't think it will get that far because Amazon made a good faith effort to remedy the situation.
As I stated in another post in this thread, I'm surprised that each affected buyer did not receive notice of what was going on because that was wrong. Amazon should/must take steps to keep this kind of thing from happening again.
Beyond that, we are just going to have to agree to disagree.