Help with a legal situation, how to fix this?? Az'ers i need your advice?!?!

Everything below this line is BS
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Quote from: Acedonkeyace

could use them and I was willing to accept them in partial trade. I did not know that these were copy-righted and federally protected and all this other stuff.

If I did, I would never have accepted them,

Why would I put anyone at risk when I am doing this a favor to the kids and these items are going to be donated to the kids.

This makes no sense,

I didnt know exactly what was going to be on the dvds.

But now that I have been informed on the Fines and Prison, and weighing in the fact that the buyer on cares about himself, should I go out of my way and put myself at risk??

If there is another way to send these where I am not at risk like this, please let me know and I will probably ship them that way??

Mike
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How are you not embarrassed writing this BS, really?
 
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Now I know this thread is crap and I'll tell you why.
Why the hell would he ask for legal advice from a bunch of poolhall junkies when he already knows a lawyer who gave him the legal knowledge on why he can't ship the dvd's back.
Ding,ding,ding...what do we have for him Johnny:smile:
 
Why not ask the sender what he wants to do? Are you guys not on speaking terms? Sounds like he was straight with you.
 
Hey Mike. Remember that time you used MY Pictures of MY Cue to try and sell one of yours without disclosing it until I called you out and asked you to remove them. That was awesome. You should be named the AZBilliards authority on doing the right thing.



He also posted pics linked directly from Ebay sales where he was the purchaser, he was attempting to flip cues he did not yet have in his hands. In fact he claimed they were great players and had not even had them in his hands yet. The Ebay sales concluded the same day he posted the cues for sale here. Further, a couple of those same Ebay flips he claimed he had owned for over twenty years...and just hated to part with them since they played great.

In fairness, as far as I know they were actual pictures of the actual cues, not like your issue at all. It's just that he didn't take the pics and was commenting on cues he had never held in his hands at all.


.
 
Tell this to your Lawyer. I go to the Post Office every day. They don't ask for an I.D.

Send them out under another name and address for return and pay the .75 cents for tracking, and he must sign for.

Your proof that he got them stays with you. He is not going to call the cops on DVDs he booitlegged but he has zero proof you sent them. You stay 100% clean.

If you think honesty is at stake you accepted DVDS that he told you were bootlegged and you sent him a case that was not what you claimed and he sent it back as you both agreed.

The problem I see is you looking at the kids and trying to teach them ethics. Send the guy back his stuff, apoligise to him and end it.
 
Hey Mike. Remember that time you used MY Pictures of MY Cue to try and sell one of yours without disclosing it until I called you out and asked you to remove them. That was awesome. You should be named the AZBilliards authority on doing the right thing.

No way..... Really?
 
He also posted pics linked directly from Ebay sales where he was the purchaser, he was attempting to flip cues he did not yet have in his hands. In fact he claimed they were great players and had not even had them in his hands yet. The Ebay sales concluded the same day he posted the cues for sale here. Further, a couple of those same Ebay flips he claimed he had owned for over twenty years...and just hated to part with them since they played great.

In fairness, as far as I know they were actual pictures of the actual cues, not like your issue at all. It's just that he didn't take the pics and was commenting on cues he had never held in his hands at all.


.

ummmm ??????
 
Mike

I've got a question for you. A while back some guys were trying to raise some money to get a cue built for the member that won the Bill Stroud "design a cue" contest, and some deep thinker came on the thread to lambaste them for not raising the dough for a worthwhile cause, such as supporting you.

Is there some amount of money we can raise (not saying I can get it done, but it might be fun to try) that we can give you and you can just promise to go away?

Thanks

Kevin


I almost pissed myself laughing at this. I've had this guys number for along time but unfortunately I guess there are some that don't. I decided to stay away after this thread:

http://forums.azbilliards.com/showthread.php?t=243947

That cue was sold and paid for, deal was reneged on and then relisted for a higher price. When the original buyer called him out it suddenly became unavailable.

Another one around the same time was a 3x6 George vinyl case that he bought on flea bay. It was listed in the auction as VINYL but when it hit AZ it was just a "It's George"........and when I PM'd about it and asked the reply I got was something along the lines of "I don't know??? It looks like leather???"
Between those two instances and the "mad bumper" going crazy I vowed to stay away from the donkey/jackass........Forever.
 
I put a deal together for a trade and partial payment for a higher end cue case,

i got an offer for a reduced price on the case, and i instead asked the buyer if he had any books, dvds or instuctional material that he would consider a partial trade value, applied to the price on the cue case.

I accepted the cash plus 20 dvds & and gave each other our shipping information,

anyway, i posted the payment and then the buyer pm'd me back and stated that the dvds of the matches were not originals, but were copies he had made over the last few years,

i explained that i was a volunteer for the boys and girls club in the local area and because of some medical issues, i wasnt able to play pool anymore, but i wanted to stay involved with the pool world and that i was teaching kids at the club and also was involved with a media-library center that the kids used to entertain, educate and learn more about the world or pool and the enjoyment you can obtain from this great game.

So, i told him since theses dvds would only be being donated to the media center and that the kids would be watching these, that copies would be fine, since they would not be re-sold, i didnt ask for an adjustement on the price difference or anything and so the deal went through.

I received the dvds and at the same time the buyer got the case and due to a discrepancy on the name of the case, he didnt want the case anymore,

originally, i told him that i was fine with the refund, but i wasnt going to cover the shipping costs involved in the refund,

but after thinking about it, i decided to give him the full refund on the case in regard to the cash he paid.

The dvd's, i was going to return but i forgot about the dvds and after about a month he contacted me again and i told him that i totally forgot about the dvds but i would return them when i got a chance.

I had a personal family matter that took me out of the state for over a month, and i explained this to the buyer, and he stated numerous times that he wanted the dvds back, he accused me of copying the dvds and that is why i had them still and he didnt care about any personal matters i was going through.

I told him that i would return the first friday of june and that i would send them to him at that time, and i was back in florida, on saturday and was invited to a get-together, welcoming me back to the area and one of my friends is a lawyer and another one of my friends is a postmaster for the area. Anyway, i explained the whole situation and what had happened and then my laywer friend said that shipping bootlegged, copyrighted, pirated dvds or materials is a federal offense and my other friend stated that the mailing of pirated, copyrighted materials is a federal offense as well, which could get a fine or prison time??!???!!

So here is my question, with this buyer being so unsympethetic to me and my situation and only cares about himself and no one else, why should i bother doing anything that would put myself at risk or in jeopardy of getting penalized due to this illegal act and pirated materials he has sent me??

What should i do?? I refuse to send these back or deal with them anymore if this is going to put me at risk in any way,

should i run a video of the dvds and put them through a shredder and send him the pieces back??

I can offer to have him pick them up, but at this point i dont even want them around me or have anyone be able to find me with these illegal/bootlegged/pirated tapes.

If i would have thought about this before, i would never have gotten involved, especially involving kids at the boys and girls club that i have a lot of pride being involved with??


Please give me your advice, so i can put this issue to bed and stop having this az'er and others who do not have all the facts, to stop bad-mouthing me and also, stop this issue and also stop the other azer's who have known me for a while or know my situation and my personal high level of ethical business practices and have been coming to my defense and have been there for me on this site.

Like i have stated before, of all the people that have been banned or removed from this site, if i was a bad, unethical person who stole people stuff, or didnt pay or return items, i not only would not be on this site, but i would have a 99% postive rating, i would have a 5 or 10% positive rating.

At this point i want others to be involved in the decision process and give me some advice as to what they would do??

--the fact is, these dvd's are sitting in my office.
--the dvds are exactly as they were sent
--these dvds have never been played
--these dvds have never been copied

these statements and fact are factual and true.

Waiting for any info or input

thanks

respectfully


mike 'acedonkeyace' kennedy

Now that you know you could be penalized severely if caught, and someone wanted to make an example of you, the best option you have is to send him whatever value the two of you equated for them to begin with, also you can still use them for the kids or whatever purpose you had.
You are not really out anything , and neither is he.
 
To end all this stupid non-sense. You would NOT be breaking the law by sending them back, it is not even technically illegal to copy dvds. The illegal part of it all is owning a means of copying a dvd (seems pretty redundant to me) Here is a little piece of an article that was investigated and reported by U.S News (hope I don't go to jail for copy and pasting this:yikes:

What stops a DVD from being copied? When movie studios were preparing to release movies in a digital format for distribution on disks, they learned from the mistakes of the music industry. Hollywood insisted the disks include a layer of copy protection that music CDs don't contain. But the technology that protects DVDs was cracked within a few years of the disks going on sale. (Actually copying a DVD would require extensive technical know-how that's well beyond most consumers.) Congress, meanwhile, passed a law that made it illegal to produce or distribute tools that enable consumers to circumvent copy protection.

So it's illegal to copy a DVD? Interestingly, no. Judges have said that consumers have a right to copy a DVD for their own use—say, for backing it up to another disk or perhaps watching it on another device, such as an iPod. That's the same "fair use" rule that made it legal to tape television shows for watching later, perhaps on a different TV. The problem is that consumers can't duplicate DVDs without software tools that get around the copy protection on those disks. It is those tools that Congress outlawed.
 
send the dvds back if you think you might get in trouble dont put a return address are your name on it he sent them to you and he is not in jail so why would you go to jail?
 
If it's worth that......................

could use them and I was willing to accept them in partial trade. I did not know that these were copy-righted and federally protected and all this other stuff.

If I did, I would never have accepted them,

Why would I put anyone at risk when I am doing this a favor to the kids and these items are going to be donated to the kids.

This makes no sense,

I didnt know exactly what was going to be on the dvds.

But now that I have been informed on the Fines and Prison, and weighing in the fact that the buyer on cares about himself, should I go out of my way and put myself at risk??

If there is another way to send these where I am not at risk like this, please let me know and I will probably ship them that way??

Mike

NO lawyer is going to take the case of 30% of a $500 case.........

Send the guy his DVDs that he sent you........
 
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