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Mr Alan
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Quote: from DrLove on 9:47 am on Sep. 2, 2007
So that would make 'sharing' legal? There is no barter.
Copyright law in the US is complex and ever-changing as new court cases are decided which deal with these issues.
Generally speaking, you can copy software (including Music CD's or DVD's) for your personal use such as for a backup, or for use on a separate device such as an Ipod. But if you copy it for an Ipod you cannot legally use it in a CD or DVD player at the same time (obviously this is rarely enforced).
You cannot share it with others, since sharing is an implied form of barter (even though no one keeps track of the exact amount that each person contributes) and there would be more than one person using it at the same time.
Of course, violation of these rules is widespread, and technology will probably replace the legal system as a way for software manufacturers to prevent illegal copying.
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Bangkok Women : Meet Sensual Bangkok Women
Posted on: 9:23 am on Sep. 2, 2007
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NINGNING
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Thanks for your detailed answer, Mr. Alan.
‘The general theory of trademark infringement in the US is that a manufacturer is not damaged if someone owns a fake item for personal use and not for resale.’
This seems to be the major difference: While one item for personal use is legal in the US, in the EU it doesn’t make a difference whether it is 1 or 1,000 – trademark infringement is trademark infringement and can be prosecuted as such.
As I said, it seems not to be enforced strictly, but it could be enforced strictly: It is against the law and depends on the customs officer how it will be dealt with (turn a blind eye or not).
But then again, I am no legal expert.
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Thai Girls : Meet Sexy Thai Girls
Posted on: 12:15 pm on Sep. 2, 2007
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Mr Alan
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Quote: from NINGNING on 1:09 pm on Sep. 2, 2007
‘The general theory of trademark infringement in the US is that a manufacturer is not damaged if someone owns a fake item for personal use and not for resale.’
This seems to be the major difference: While one item for personal use is legal in the US, in the EU it doesn’t make a difference whether it is 1 or 1,000 – trademark infringement is trademark infringement and can be prosecuted as such.
As I said, it seems not to be enforced strictly, but it could be enforced strictly: It is against the law and depends on the customs officer how it will be dealt with (turn a blind eye or not).
But then again, I am no legal expert.
If people are going to be searched for even one quantity of a fake item, then everyone who passes through customs will need to be strip searched while Customs makes sure the Calvin Klein underwear is not fake.
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Bangkok Girls : Meet Sexy Bangkok Girls
Posted on: 2:22 pm on Sep. 2, 2007
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Mr Alan
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I found this on Wikipedia:
"Today the counterfeit watch business - a criminal activity has spread worldwide. Counterfeit watches can be found through illicit on-line shops, and other less reputable retail shops. The Swiss Federal Customs Administration is obliged to confiscate and destroy such goods and counterfeit jewelry is confiscated in all cases. Notwithstanding all of the above, within the borders of Switzerland, private persons are allowed to keep one counterfeit watch per person, provided they import it personally into the country."
http://en.wikipedia.org/wiki/Replica_watch
Of course, Switzerland is not part of the EU, but according to the above article "counterfeits cause considerable losses to watch making industry." Even so, just like in the US, an individual may import one fake watch if they personally bring the counterfeit watch into the country (not ship it back home).
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Bangkok Girls : Meet Attractive Thai Girls
Posted on: 5:07 pm on Sep. 2, 2007
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DaffyDuck
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Quote: from Mr Alan on 7:01 am on Sep. 3, 2007
Just check into your daily spam, and see how many sites promise to sell you 'excellent Rolex replica'. These usually go for $200 to $250 each and are the same watches you pick up on the streets of Bangkok for $25-$45 each.
It's a big business, and I can understand why they are trying to crack down on it - plus, I can see genuine damage to the watch industry.
Me, I'm enjoying my MBK 'Rolex' and 'TAG' timepieces... 
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Bangkok Women : Meet Beautiful Thai Girls
Posted on: 12:01 am on Sep. 3, 2007
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jack attack
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Given that Wikipedia is open for anyone to post an opinion thought to be fact, where does one draw the line between fact and fiction?
From the US Embassy in Singapore...
http://singapore.usembassy.gov/ice.html
22. I own a "fake" Rolex watch and some cheap pirated DVD’s. Can I bring these into the U.S.?
Answer: No. Customs separates foreign-made products bearing American-registered trademarks into two categories: 1) counterfeit, which are illegal products manufactured without the authorization of the company or person who owns the trademark, these are commonly known as "knock-offs"; and 2) parallel imports, which are products manufactured under the trademark owner’s authorization, but are imported into the U.S. by an unauthorized person or company. Parallel imports are commonly known as "gray-market" goods.
Trademark owners, foreign and domestic, often register their trademarks with the Customs Service, even when the trademarked merchandise is foreign-made, in order to control the importation of counterfeits. Customs imposes restrictions on the importation of articles whose trademarks have been registered, and these restrictions apply to purchases that accompany nonresident visitors as well.
Visitors are allowed an exemption, usually one article of each type bearing a protected trademark. "One of each type" means one pair of shoes, one scarf, one coat, one handbag, one camera, one watch, or one bottle of perfume, for example, regardless of whose trademark the article bears and regardless of whether the products are genuine, gray market, or counterfeit.
Gray market merchandise is genuine, legitimately manufactured, non-counterfeit merchandise whose importation is restricted to a certain number or quantity. Items that are new, intended as gifts, or imported in such quantity as to be construed a commercial importation, may likely be gray-market items, so travelers are advised to restrict themselves to one of each type.
The rules are simpler for copyrighted products. Copyrighted products include CD-ROMs, cassettes, toys, stuffed animas, clothing with cartoon characters, videotapes, video cassettes, music CDs, and books. If the items you buy are legitimate – that is, manufactured under the copyright owner’s authorization – you may import as many of whatever type you wish; there are no restrictions on the importation of genuine copyrighted articles. But if you purchase pirated copies of protected works, you will not be allowed to import any of them. Unlike the situation with counterfeit trademarks described above, there are no personal exemptions on importing pirated products. With any copyrighted or trademarked article, the price you paid for it is a good indication of whether it’s legitimate.
I think it is clearly stated here, you cannot bring one fake DVD or software into the US. And as I said before, for a few dollars more, you can always purchase higher quality originals in the US.
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Bangkok Girls : Meet Attractive Thai Girls
Posted on: 4:01 am on Sep. 3, 2007
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Mr Alan
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Quote: from jack attack on 4:55 am on Sep. 3, 2007
I think it is clearly stated here, you cannot bring one fake DVD or software into the US. And as I said before, for a few dollars more, you can always purchase higher quality originals in the US.
That is exactly what I said previously. Pirated DVD's, software, etc are not counterfeits, they are exact copies which violate the copyright laws.
A fake Rolex is a counterfeit that falls under the trademark infringement laws.
The Wikipedia article about Switzerland basically says that the laws for importing counterfeit items are the same as in the US--you may import one item of each kind if you bring into the country yourself (as you pass thru Customs). The Wikipedia article does not say anything about pirated software.
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Thai Girls : Meet Active Thai Girls
Posted on: 4:21 am on Sep. 3, 2007
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jack attack
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Merriam-Webster's Dictionary of Law
Main Entry: 2counterfeit
Function: transitive verb
: to make an imitation of without authorization and esp. with intent to deceive or defraud <whoever falsely makes, alters, forges, or counterfeits any deed —U.S. Code> —
Merriam-Webster's Dictionary of Law - Cite This Source
Main Entry: pirate
Function: verb
Inflected Forms: pi·rat·ed; pi·rat·ing
transitive verb : to take or appropriate by piracy; especially : to copy, distribute, or use without authorization esp. in infringement of copyright <the pirated software> <pirating cable signals> intransitive verb : to commit piracy —compare BOOTLEG
Pirated copies, bootleg copies, counterfeit copies are all illegal and unauthorized copies.
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Thai Women : Meet Matured Thai Women
Posted on: 4:52 am on Sep. 3, 2007
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farangman4
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Aren't there two quite separate issues - what the letter of the law says, and what you can generally get away with? Not sure which one most of the members of this forum are more interested in...
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Bangkok Girls : Meet Attractive Thai Girls
Posted on: 4:54 am on Sep. 3, 2007
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