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Worrying legal decision in NL
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<blockquote data-quote="2old4this" data-source="post: 210" data-attributes="member: 174998"><p>You've hit the nail on the head. </p><p>Precisely because there are so many unequivocally LEGAL applications for the same blank cards and programming devices, it would not be possible to rule them illegal per se. But the law is indeed an ass if it seeks to outlaw them selectively.</p><p></p><p>Are retailers of such goods to be obliged to first determine what the customer intends to do with them, before being allowed to complete the sale? What if the customer cites privacy laws and refuses to say what the intended purpose is?</p><p>Will satellite dealers simply set up sister companies operating from the same premises under a different name, just to sell those goods? </p><p>The case of MSat is already very interesting - that dealer also deals in GSMs, and the same cards & programmers are used for the quite legal purpose of editing and loading phonebooks onto the SIM chips. Will MSAT now be prevented from selling the devices, while a pure GSM dealer next door can quite happily continue to do so? Isn't that anti-competitive?</p><p>etc...</p><p></p><p>And why wouldn't we apply the same principles to the sale of all recording media such as VCRs, CD-burners, audio-tapes, computer hard disks, etc...? Why not require all retailers of such goods to first obtain a declaration from the customer that they don't intend to use them for illegal purposes (such as copying copyrighted materials...)? Many retailers sell both albums (copyrighted music) and also hi-fi equipment with either twin cassette decks or even twin CD decks (a player and a burner). Why wouldn't the music industry take them to court? The assumptions behind the Dutch MSat ruling (that a satellite shop sells such items for one purpose only) are surely no less applicable to the Hi-Fi retailers (why else would someone go to a home-entertaintment retailer to buy a hi-fi unit incorporating a CD player and a CD-burner if not in order to copy music CDs...?)</p><p></p><p>This opens up a real can of worms...</p><p></p><p>2old</p></blockquote><p></p>
[QUOTE="2old4this, post: 210, member: 174998"] You've hit the nail on the head. Precisely because there are so many unequivocally LEGAL applications for the same blank cards and programming devices, it would not be possible to rule them illegal per se. But the law is indeed an ass if it seeks to outlaw them selectively. Are retailers of such goods to be obliged to first determine what the customer intends to do with them, before being allowed to complete the sale? What if the customer cites privacy laws and refuses to say what the intended purpose is? Will satellite dealers simply set up sister companies operating from the same premises under a different name, just to sell those goods? The case of MSat is already very interesting - that dealer also deals in GSMs, and the same cards & programmers are used for the quite legal purpose of editing and loading phonebooks onto the SIM chips. Will MSAT now be prevented from selling the devices, while a pure GSM dealer next door can quite happily continue to do so? Isn't that anti-competitive? etc... And why wouldn't we apply the same principles to the sale of all recording media such as VCRs, CD-burners, audio-tapes, computer hard disks, etc...? Why not require all retailers of such goods to first obtain a declaration from the customer that they don't intend to use them for illegal purposes (such as copying copyrighted materials...)? Many retailers sell both albums (copyrighted music) and also hi-fi equipment with either twin cassette decks or even twin CD decks (a player and a burner). Why wouldn't the music industry take them to court? The assumptions behind the Dutch MSat ruling (that a satellite shop sells such items for one purpose only) are surely no less applicable to the Hi-Fi retailers (why else would someone go to a home-entertaintment retailer to buy a hi-fi unit incorporating a CD player and a CD-burner if not in order to copy music CDs...?) This opens up a real can of worms... 2old [/QUOTE]
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Worrying legal decision in NL
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