Author
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Topic: wizards policy on fakes? confiscation?
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MagixDK Member
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posted April 20, 2012 01:47 PM
Soo..a friend of mine is currently at GP Manchester, and i gave him a few cards to sell or trade for me while there (cards that are hard to trade locally) he calls me up tonight, saying he tried to sell a mox pearl of mine, to a vendor. The vendor then claimed the mox to be fake. The vendor fetches som wizard employee, who confiscated the mox, gave my friend his business card and info. My friend tells me that they are going to examine it in belgium or something (im guessing at carta mundi). Im not sure wether my friend is seriously pranking me, or wtf? Did this happen to anyone else you heard of? More than anything i find this interesting if true.
[Edited 1 times, lastly by MagixDK on April 20, 2012]
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Mr.C Member
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posted April 20, 2012 01:51 PM
Pictures of the business card?Edit: Sounds like bs, by the way.
[Edited 1 times, lastly by Mr.C on April 20, 2012]
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MagixDK Member
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posted April 20, 2012 01:59 PM
not bad idea.just texted him to send me a pic.
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Valor007 Member
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posted April 20, 2012 02:15 PM
Sounds to me like a vendor and some of their friends just got a free mox pearl...That sounds supppperrrr sketchy and even if it was "fake" I would demand it back to have it examined at my own cost rather than leaving it with someone else.
[Edited 1 times, lastly by Valor007 on April 20, 2012]
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HandicapParking Member
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posted April 20, 2012 02:21 PM
If your friend isn't pranking you then your Mox is probably gone forever.
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Thanos Member
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posted April 20, 2012 02:23 PM
Sounds like the local authorities there need to be contacted asap.
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MagixDK Member
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posted April 20, 2012 02:24 PM
odds of vendor at GP stealing from people = small.
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MagixDK Member
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posted April 20, 2012 02:30 PM
Odds of my buddy pranking me: medium
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revenger Member
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posted April 20, 2012 04:14 PM
Odds of having better success trading/selling that Mox on here, Motl: Strong__________________ Motl member since November 1, 2000Your 2008 and 2010 Motl Siskel & Ebert award winner! 37th in refs on Motl! First in refs in state of Arizona! Werewolf II: Nemesis
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Volcanon Member
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posted April 20, 2012 05:20 PM
It's still your property if it's counterfeit.
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Zeckk Member
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posted April 20, 2012 05:35 PM
quote: Originally posted by Volcanon: It's still your property if it's counterfeit.
Property, yes. But if it's established as counterfeit, you don't simply get to keep it. Either the authorities hold the item as evidence if WotC decides to file charges, or WotC can get an order of the court for confiscating the counterfeit in an effort to protect their trade. I'm speaking as a guy who sees first-hand - people who get scammed in the casinos with fake chips don't get to keep them, though they obviously lost money from the scammer selling them chips.
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MTDetermine Member
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posted April 20, 2012 08:13 PM
DK, I think your friend is a victim of a scam here. The card is your friend's private property. If WOTC wants to confiscate it on the grounds that it is a fake, they will need to serve your friend with some official papers. You don't go round confiscating "fake property" without serving people official papers......Hey, that BMW is fake, I need to bring it to Germany for testing! Hey, that Iphone is your hand is fake, I need to bring it to Apple for testing....etc
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Volcanon Member
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posted April 20, 2012 10:49 PM
quote: Originally posted by Zeckk: Property, yes. But if it's established as counterfeit, you don't simply get to keep it. Either the authorities hold the item as evidence if WotC decides to file charges, or WotC can get an order of the court for confiscating the counterfeit in an effort to protect their trade.I'm speaking as a guy who sees first-hand - people who get scammed in the casinos with fake chips don't get to keep them, though they obviously lost money from the scammer selling them chips.
There's a difference between how things may be and how things legally are. Wizards has no right to confiscate "fake" cards. The "authorities" have no role in this matter. Violation of copyright is a civil matter, not criminal, so the police would have nothing to do with anything here. Anyway, it sounds like the poster is more or less getting punked by his friend more than anything.
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TimeBeing Member
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posted April 20, 2012 10:58 PM
who was the vendor, and what was the "reason" for it being fake?
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MagixDK Member
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posted April 20, 2012 11:15 PM
as soon as I know more, ill let you know. i originally posted around midnight, and its now 8am, if my buddy texts me, with more info, ill post it.
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Zeckk Member
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posted April 21, 2012 03:36 AM
quote: Originally posted by Volcanon: There's a difference between how things may be and how things legally are. Wizards has no right to confiscate "fake" cards. The "authorities" have no role in this matter. Violation of copyright is a civil matter, not criminal, so the police would have nothing to do with anything here. Anyway, it sounds like the poster is more or less getting punked by his friend more than anything.
If you think copyright infringement is a civil matter, I don't even know what to say to you... As has been said before, it's likely he's just being pranked or scammed. The difference in my casino example is that most people who get their chips confiscated are interviewed by the police so they can get info on the counterfeiters and the scammer ring. Guests that get those chips taken away are always free to file a complaint, but they aren't entitled to re-gain the counterfeit materials, since their existence is illegal. In the case of counterfeit cards, their existence is a copyright violation and it's actually the duty of whatever authority having jurisdiction to confiscate, retain, and eventually destroy such materials. People don't get bootlegged DVDs or counterfeit handbags back when they are caught in possesion of them, regardless of intent to use or sell. Illegal **** is illegal ****.
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Vegas10 Member
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posted April 21, 2012 05:13 AM
I hope your friend is pulling a prank otherwise you got scammed plain and simple. Even if it is counterfit only wizards has a legal standing to do something, not a vendor and that's not how these things would get done either.
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djcards Member
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posted April 21, 2012 07:00 AM
your friend could possibly try to find another completely removed official wizards employee and explain what happened. Although I am not sure on any of the legalities, at least having a second opinion of authority would help solidify a case.
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fluffycow Member
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posted April 21, 2012 08:21 AM
If your friend is indeed telling the truth (which I think is unlikely, but nevertheless), you need to call that number asap and see for yourself. If it's a legit thing, do what you need to follow up on it. If not, then get your friend to go and talk to the tourney official about it, if the dude lies or something and denies ever taking your card then tell your friend to make a big ass scene and flip his table in the middle of tourney and give that dude some serious bad publicity.Whatever you do, don't let your friend leave that place without a resolution. You card is 100% gone after this weekend
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Sovarius Member
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posted April 21, 2012 12:22 PM
quote: Originally posted by fluffycow: You card is 100% gone after this weekend
If not already. How 'official' did this wizards guy seem? Cause didn't your friend have to sign anything, get questioned by anyone? They are just going to take it to Belgium for testing and "Oh here call this number about your Pearl in a few weeks - we'll know it's yours". No registering or anything like that in case the Pearl is legit and going to be returned to owner? Your friend is just messing with you, or he really just watched as you got ripped off a Pearl.
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MasterWolf Member
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posted April 21, 2012 07:15 PM
Your friend owes you a Pearl.
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Volcanon Member
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posted April 21, 2012 11:07 PM
quote: Originally posted by Zeckk: If you think copyright infringement is a civil matter, I don't even know what to say to you...People don't get bootlegged DVDs or counterfeit handbags back when they are caught in possesion of them, regardless of intent to use or sell. Illegal **** is illegal ****.
Pro Tip: Civil means matters between legal individuals. Um. No. The police, or "authorities" only get involved in criminal matters. Contraband is forfeit. Merely fake goods are not. If you possess fake goods, the owner of the IP cannot simply take them from you. This isn't some third-world backwater. People have rights. Mere existence of counterfeits is not grounds for the IP owner to destroy the property. That would be theft and wilful destruction of another's property and an actionable civil offence. Jurisdiction is a legal construct involving mostly police and judicial powers. Just owning a intellectual property does not grant you any inherent jurisdiction. It grants you rights as against others attempting to wilfully profit from counterfeit goods. The counterfeit goods seizures occur in the context of stores, not in the context of a dude at a magic event. This gets a bit iffy because there was an attempt to sell, but that depends on the facts.
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Jazaray Moderator
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posted April 21, 2012 11:19 PM
It's baloney. Wizards doesn't do verification/authentication. I discovered this a while ago regarding a fake Sapphire that was sent to OGB. Thanks, Jazaray __________________ A Plastered Dragon Original Limerick: There was a nice lassie named Jaz Many wished to have what she has, A delicate face, A soft warm embrace, And a whole lot of bedroom pizzazz.WeedIan: Jazaray is like MOTL's Mom. Jaz is now selling Tupperware! Help her out! ;)
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Zeckk Member
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posted April 22, 2012 12:18 AM
quote: Originally posted by Volcanon: Pro Tip: Civil means matters between legal individuals.Um. No. The police, or "authorities" only get involved in criminal matters. Contraband is forfeit. Merely fake goods are not. If you possess fake goods, the owner of the IP cannot simply take them from you. This isn't some third-world backwater. People have rights. Mere existence of counterfeits is not grounds for the IP owner to destroy the property. That would be theft and wilful destruction of another's property and an actionable civil offence. Jurisdiction is a legal construct involving mostly police and judicial powers. Just owning a intellectual property does not grant you any inherent jurisdiction. It grants you rights as against others attempting to wilfully profit from counterfeit goods. The counterfeit goods seizures occur in the context of stores, not in the context of a dude at a magic event. This gets a bit iffy because there was an attempt to sell, but that depends on the facts.
Citizens and business entities both have the ability to seize counterfeit property as a means to prevent a criminal action, in this case the potential sale of counterfeit goods. Yes, they seize the property until the proper authorities can take possession, but the prinicple is the same, whether its a casino cashier taking chips from a guest or a magic vendor taking a suspected fake from a Guy trying to get a price check. As a more extreme example - if a person saw a dude selling bootleg DVDs on a street corner, that person could make a citizens arrest and/or confiscate illegal property until authorities are notified and assume responsibility. And final note- intent to sell counterfeit goods = criminal matter, not civil. If the Guy was simply caught playing with fakes, it could have been a civil matter.
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Mr.C Member
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posted April 22, 2012 12:31 AM
quote: Originally posted by MasterWolf: Your friend owes you a Pearl.
Sounds about right.
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