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Ebay and legalities...

Discussion in 'Movie Forum' started by DVD Baron, Feb 23, 2003.

  1. DVD Baron

    DVD Baron
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    Greetings to all....firstly I'd like to say I'm all for Ebay stores
    :D I think its a good way for people with an actual interest in the movie they sell to meet people with similar intersts while at the same time enjoy running a small (very small) business.
    What I am curious about is that there seem to be people there openly selling DVDs from many regions...probably some of you folks from here do it....again....no problems with me....but.....what are the possible legal problems with setting up and running such a store?
    Are you safe from prosecution? Is this a case of the powers that be turning a blind eye?
    If anyone can offer me some insight either here or with a private message I would appreciate it.
    If you do choose to private me I will respect your anonymity...now, that's a hell of a big word for me for this hour of the day!!:rolleyes:
    Regards,
    Der Baron
     
  2. PoochJD

    PoochJD
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    Hi Baron,

    1) The legal problems would be the same, as selling DVD's from any Region, that has NOT been approved and classified by the British Board of Film Classification. At least for Britain. As you are already aware, you can't sell unclassified works, within the UK, even by mail order. If you do, then you would do so, at your own risk, and I wouldn't recommend it.

    2) As E-Bay is an American-based company/organisation, I don't know which laws you would have to comply with - that is, would you have to follow British Law or American/Canadian Law, or both? I'd suspect that you would have to follow British Law, and as such, that takes you back to my first point about selling/trading uncertificated material.

    3) Trading on the Net, via E-Bay or any other site, would be at your own risk. You would not be "above the law", so to speak. YOu would have to comply with British Law and probably any other laws that the site/webhosts dictate. For example, E-Bay states that it is not responsible for traders, their products, and any legal repurcussions that may follow, from purchasing any products from any of their traders. And most internet DVD sites, do state that you must be of the legal age to view certain films, before making your purchase (as a customer), and that by purchasing the DVD from a site/company, you are legally declaring that you are of the requisite age (18 or 21), within your own country's laws. By buying a DVD when you aren't the right age, would technically be fraudulent and/or deception, as the customer would be lying about their right to view that film.

    3) If push comes to shove, I think that E-Bay would wash their hands of any legal involvement. I'm certain their lawyers will simply say: "We set up the company, and let people/companies trade on our site, but we do not get involved on whether or something is or is not legal." Unless you were trying to sell blatantly fraudulent items (e.g. Gucci watches at £1 each, or copies of "Lord Of The Rings 3, for £25), then I think E-Bay will say you are on your own.

    Ultimately, you will be as restricted selling DVD's on the Net, as you would be if you ran your business from your own home, or a local shop or market stall. As such, you may actually find that trading on the Net is harder, because you would be in competition with every other established DVD company, and you would also have to worry about fraudulent transactions on credit cards, and that kind of thing.

    I hope that helps a little bit, despite the negativity of the post.

    Pooch
     
  3. DVD Baron

    DVD Baron
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    Hi PoochJD and thanks for your detailed reply. I just curious about things....I can imagine that technically its illegal, but with so many people selling DVDs in either Ebay, or even on these forums I would assume its a pretty low risk at being done...unless you're selling bootlegs or stolen goods...
    I'm all for places like this for trading and buying......
    All the best,
    Der Baron:rolleyes:
     

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