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PrincipaleArticoliArticolo #42859

Is it a crime to sell bootlegs?Is it a crime to sell bootlegs?

rosesandthornsrosesandthorns23 giorno/i faAsk MFC
This may sound stupid, but I was actually wondering if it is a crime to sell them in stores. I went to an anime store today only to find everything they sold were bootlegs, mostly of Vocaloid figures. But they were bootlegs of real figures.

Don't judge me too hard, just a curious guy wondering if it is illegal or not, since it is kind of ripping off other companies items.
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Commenti24

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15pt
If the store is located in the U.S. and they are selling bootleg figures as authentic ones, they are almost certainly violating federal law. The reason these shops do this is because they think they can get away with it and often they do because nobody bothers to say anything. If you want to help stop bootlegs, do your civic duty and report them.

Here's some more info.
consumer.findla...

Here is a link where you can report counterfeit goods:
www.export.gov/...
23 giorno/i fa
Recent Comments
1pt
Okeno (22 giorno/i fa) #60148336All I was saying is that whether or not something is a “crime” where the government would get involved in enforcement (i.e. fines by the state or jail time as opposed to money to the copyright holder) is defined by the laws of a country
Thanks for clarifying. Your prior post just said "your definition" which I took to mean as a personal interpretation. If it had said something like "your country's definition" or similar it would have been more clear.
22 giorno/i fa
1pt
Okeno (22 giorno/i fa) #60148336All I was saying is that whether or not something is a “crime” where the government would get involved in enforcement (i.e. fines by the stare or jail time as opposed to money to the copyright holder) is defined by the laws of a country not by Webster’s dictionary. One might say that generally speaking it would be a “crime” in say, Canada or the United States to sell bootlegs but in actuality the thresholds for criminal responsibility may be defined a little more narrowly. For example the single sale of one bootleg may not be a “crime” if the threshold is a certain dollar value or intent. You need to read your own country’s laws to understand those thresholds.


you got it my dude.
22 giorno/i fa
2pt
vgadict (22 giorno/i fa) #60143954There's no ambiguity in whether or not selling bootlegs is a crime. Per the Webster definition a crime is "an illegal act for which someone can be punished by the government" and under the laws against selling counterfeits, that makes selling bootleg figures a crime. The only uncertainty comes in whether the authorities will actually take action against them. What is certain is that if nobody reports them, then nothing will happen. By reporting them, there is at least a chance that the government may take action against them.
All I was saying is that whether or not something is a “crime” where the government would get involved in enforcement (i.e. fines by the state or jail time as opposed to money to the copyright holder) is defined by the laws of a country not by Webster’s dictionary. One might say that generally speaking it would be a “crime” in say, Canada or the United States to sell bootlegs but in actuality the thresholds for criminal responsibility may be defined a little more narrowly. For example the single sale of one bootleg may not be a “crime” if the threshold is a certain dollar value or intent. You need to read your own country’s laws to understand those thresholds.
22 giorno/i fa
2pt
Okeno (22 giorno/i fa) #60116797As others have said, it is technically "illegal". Whether it's a "crime" depends on your definition of a crime, but you could be liable for damages in a variety of ways from copyright infringement, and many jurisdictions would say you could also go to jail.
There's no ambiguity in whether or not selling bootlegs is a crime. Per the Webster definition a crime is "an illegal act for which someone can be punished by the government" and under the laws against selling counterfeits, that makes selling bootleg figures a crime. The only uncertainty comes in whether the authorities will actually take action against them. What is certain is that if nobody reports them, then nothing will happen. By reporting them, there is at least a chance that the government may take action against them.
22 giorno/i fa
8pt
Yes it is.We shouldn't support that kind of seller.
22 giorno/i fa
3pt
As others have said, it is technically "illegal". Whether it's a "crime" depends on your definition of a crime, but you could be liable for damages in a variety of ways from copyright infringement, and many jurisdictions would say you could also go to jail.
22 giorno/i fa
1pt
there's a store in my local mall that literally sells a ton of fake nendos and other various figures. i think even their plushies are fake. i'm really just annoyed because they sell them for like the same price that a real, regular nendo would sell for, so it really makes me angry that people might be buying them at that price, thinking they're real. anyways, no one's done anything about it so yeah.
22 giorno/i fa
2pt
it's not legal in the US. BUT.. whether or not anyone actually does anything after reporting them, is a crapshoot.

basically, on the federal level, companies that have a history of filing claims or lawsuits to cease their sales will come first. this is why you'll read about major seizures of fake chanel, gucci in the millions because these power houses WILL sue and WILL press charges even on the smallest of busts. it's an expensive and long process but since they're luxury brands, they have the worldwide resources. if no one actually does anything, then law enforcement could care less.

this may be different than companies like bandai, furyu, good smile, etc. the most i've ever personally seen was good smile sending cease and desist notifications or conventions shutting down retailers. i think it's also a bit different due to the prevalence of fan made items like doujinshi, etc. technically those are violations of copyright law, but most japanese companies not only allow it, but encourage it. with everything combined, i imagine it gets confusing on the back end.

so long story short, it's illegal but like most facts of law, it's not actually enforced unless the company has tight control.
22 giorno/i fa
2pt
vgadict (23 giorno/i fa) #60099263If the store is located in the U.S. and they are selling bootleg figures as authentic ones, they are almost certainly violating federal law. The reason these shops do this is because they think they can get away with it and often they do because nobody bothers to say anything. If you want to help stop bootlegs, do your civic duty and report them.
Here's some more info.
consumer.findla...
Here is a link where you can report counterfeit goods:
www.export.gov/...
Ceci (23 giorno/i fa) #60116597In most places, yes. Especially if the retailer/seller are advertising them as the real deal.
Is the store online or a brick and mortar(physical location) store?

It’s a physical location inside a mall
22 giorno/i fa
1pt
vgadict (23 giorno/i fa) #60099263If the store is located in the U.S. and they are selling bootleg figures as authentic ones, they are almost certainly violating federal law. The reason these shops do this is because they think they can get away with it and often they do because nobody bothers to say anything. If you want to help stop bootlegs, do your civic duty and report them.
Here's some more info.
consumer.findla...
Here is a link where you can report counterfeit goods:
www.export.gov/...

Will do. Thanks for the info
22 giorno/i fa
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