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Re: Legalese (Sun May 19 05:04:07 2002 )
persocon [View profile ]

apersocon@hotmail.com

First, let me preface this message by saying that 
I am not an attorney.  I am just a business 
student studying law as part of the curriculum 
core.  According to the 8th Edition of West's 
Business Law:

"The most common type of criminal activity is 
property crime, or those crimes in which the goal 
of the offender is some form of economic gain..."

Examples include: burglary, larceny, arson, 
receiving stolen goods, forgery, and obtaining 
goods by false pretenses.

Also:
"It is a crime to receive stolen goods.  The 
recipient of such goods need not know the true 
identity of the owner or the thief.  All that is 
necessary is that the recipient knows or should 
know that the goods are stolen, which implies an 
intent to deprive the owner of those goods."

Property crime is a criminal offense, not a civil 
one, and therefore, if the victim does intend to 
take the case to court, the sentencings will be 
harsher, and will probably award punitive damages 
to the victim, if the victim has enough evidence 
to prove their original ownership of the personal 
property. Remedies at law does include 
confiscation.

These crimes are covered by the Uniform 
Commercial Code (UCC) in the United States, and 
are reinforced by the United Nations Convention 
on Contracts for the International Sale of Goods.

Basically, the issue at hand is that of 
intellectual copyrights and their holders. I 
doubt that Switzerland is a renegade nation, such 
as China, and therefore its private citizens need 
to follow international treaty law.

Requiem, Blueheaven, and others: Monopolistic 
business practices are a whole other issue, so 
therefore your posts were irrelevant to the 
topic. Also, it would be very hard to prove that 
Anime Link is a monopoly in court because of the 
lack of evidence that their strategies are 
limiting or stifling competition.  Comparing 
Anime Link to Microsoft is preposterous in terms 
of scale, once you think about it.

Later,

persocon



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