Author Topic: Example of Illegal Fan-Made Sales  (Read 3316 times)

Offline kettlefish

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Example of Illegal Fan-Made Sales
« on: August 28, 2016, 01:55:45 PM »
and again an ebay seller from Hungary sells CarcC-Fan-expansions.

see here at ebay:
http://www.ebay.de/itm/122091787198?euid=663115223d5c403b86515e7a30c028c6&bu=44080877860&cp=1&sojTags=bu=bu

see more information from 2012 (CarcC old forum and CarcF:
CarcC - topic started by mjharper:
http://carcassonnecentral.com/forum/index.php?topic=2299.0

CarcF - page 2 in the middle
http://www.carcassonne-forum.de/viewtopic.php?f=160&t=249&hilit=ebay+fan+erweiterungen

Linkback: https://www.carcassonnecentral.com/community/index.php?topic=2892.0
« Last Edit: August 28, 2016, 01:58:57 PM by kettlefish »

Offline Hounk

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Re: Example of Illegal Fan-Made Sales
« Reply #1 on: August 28, 2016, 05:36:58 PM »
I think, the way he did that, is rather dumb. If he would have decleared "P&D Hungarian Edition" for sale, and the fan expansions as "gifts" he added to the offer, everything would have been legally fine?

Offline SRBO

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Re: Example of Illegal Fan-Made Sales
« Reply #2 on: August 28, 2016, 08:00:20 PM »
I think, the way he did that, is rather dumb. If he would have decleared "P&D Hungarian Edition" for sale, and the fan expansions as "gifts" he added to the offer, everything would have been legally fine?

You're right. I was actually thinking the same

Offline kettlefish

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Re: Example of Illegal Fan-Made Sales
« Reply #3 on: August 28, 2016, 09:10:11 PM »
I think, the way he did that, is rather dumb. If he would have decleared "P&D Hungarian Edition" for sale, and the fan expansions as "gifts" he added to the offer, everything would have been legally fine?

You're right. I was actually thinking the same
To sell a fan-expansion is illigal, it doesn't matter if the trader would say " the fan-expansion is a "gift" - the "gift" is a part of the price for all the games.

Offline SRBO

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Re: Example of Illegal Fan-Made Sales
« Reply #4 on: August 28, 2016, 10:11:34 PM »
I don't think your right here..
Its illegal to sell I agree. But not to gift, otherwise this whole forum would be illegal
The collection wont increase in value with an addition of fanexpansions. So its illegal to get a profit out of fan expansions.
Mind that this is only when you sell a collection and indeed get fan expansions with it, as precisely noted as "gift" or "free", but at the same time not to make it more attractive.

What im trying to say is. Its perfectly fine to sell your collection. And say "oh and here are some extra fan expansions as a gift"
Thats what hounk also means..

Otherwise you can better throw the expansions in the trashcan.

Offline kettlefish

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Re: Example of Illegal Fan-Made Sales
« Reply #5 on: August 28, 2016, 10:31:43 PM »
SRBO, you don't know the background of this case.
This collection of fan expansions from CarcC is not a selfprint by a home printer.
4 years ago - someone from Hungary, tried to trade some professional printing without the permisssion from HiG and also without the permission from the authors of the fan expansions.
This actual collection has these professional printing pieces.

----------------------------------------------
the same case happens in 2014:
http://www.carcassonnecentral.com/community/index.php?topic=1127.0
« Last Edit: August 28, 2016, 10:35:31 PM by kettlefish »

Offline Decar

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Re: Example of Illegal Fan-Made Sales
« Reply #6 on: August 29, 2016, 08:57:34 AM »
If the gift is part of the term of sales; which it will be, because it is declared in the description of the ebay auction, then the item is for sale; gift or otherwise.

Offline Rosco

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Re: Example of Illegal Fan-Made Sales
« Reply #7 on: August 29, 2016, 09:20:00 AM »
Yes I agree with kettlefish and Decar but what the others are saying is that if a person sells some official expansions,  and then once sold seems some fan expansions for free,  it is OK.   They were not justifying this specific case.

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Offline Decar

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Re: Example of Illegal Fan-Made Sales
« Reply #8 on: August 29, 2016, 09:23:00 AM »
But they're not selling it for free.  They included photographs and items in the description which makes it part of the sale.

Put it another way: if the seller didnt ship their free items could the customer complain they didn't receive them?

Yes - because the items are not free they are part of the contractual agreement of the sale.

Offline Hounk

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Re: Example of Illegal Fan-Made Sales
« Reply #9 on: August 29, 2016, 02:45:15 PM »
I agree with you, in particular regarding the description and photographs. All I wrote was, that if he would sell his collection and include some fan expansions for free, this should be fine. But the way, it is promoted, the fan expansions are "part of the deal", and that is sure wrong.

Offline danisthirty

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Re: Example of Illegal Fan-Made Sales
« Reply #10 on: August 29, 2016, 04:19:20 PM »
I think we're all agreed that what the seller is trying to do here is illegal. Whether or not it would be morally/ legally acceptable to include fan-made expansions in an eBay listing (assuming they're not mentioned specifically) is another matter.

In the mean time though, what are HiG doing about sellers like this to protect their intellectual property?

Offline kettlefish

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Re: Example of Illegal Fan-Made Sales
« Reply #11 on: August 29, 2016, 09:28:58 PM »
I've informed HiG about this actual case.


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