Second hand bootleg selling - legal or illegal?

I know of a business selling second hand goods and occasionally bootleg items without mentioning whether they are genuine or not.

 

The sale of recycled bootlegs is still illegal, am I correct? I'm trying to find a link to the laws regarding counterfiets , if anyone can help with this I would apppreciate it.

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Re: Second hand bootleg selling - legal or illegal?

Re: Second hand bootleg selling - legal or illegal?


@terroxyboy wrote:

I know of a business selling second hand goods and occasionally bootleg items without mentioning whether they are genuine or not.

 

The sale of recycled bootlegs is still illegal, am I correct? I'm trying to find a link to the laws regarding counterfiets , if anyone can help with this I would apppreciate it.


It is illegal. But I would say I don't mind much if the only way to see an obscure film (which is in the public domain), is by a certain seller of bootlegs then I don't mind. Seller must be straight though.

 

I recently bought what was advertised as a DVD, It has the company logo. What I got was a burnt dvd with an inkjet label and photocopy cover. I was led to believe it was real.  This item was counterfeit. Seller still happily pumping them out though. I guess it becomes fraud when the seller lies about it.

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Re: Second hand bootleg selling - legal or illegal?

Not eBAy. A bicks and mortar store.

 

EBay moved my chat from Community Spirit to here, if there's confusion about my question.

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Re: Second hand bootleg selling - legal or illegal?


@terroxyboy wrote:

I'm trying to find a link to the laws regarding counterfiets , if anyone can help with this I would apppreciate it.


https://www.ipaustralia.gov.au/ip-infringement/more-about-ip-infringement/counterfeiting-and-piracy

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Re: Second hand bootleg selling - legal or illegal?

Theres plenty of bootleg for sale in all of the major Op shops. They dont make any claims about it, but price it up a bit though. If it was illegal you would think they would be more careful about it.

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Re: Second hand bootleg selling - legal or illegal?

That or they don't fear a raid - they do have a bit of a unique position, though don't enjoy as many protections as they used to.

 

I guess it also depends on what kind of bootlegs being referred to - outright copies, counterfeit products, and aunauthorised releases of material, or knock-offs that don't actually infringe on any IP.

 

eg A fake Louis Vuitton bag that's trying to pass itself off as the real deal = illegal no matter who is selling it or whether it's new / pre-owned.

 

But a "real" Lewis Futon bag that might share a similar aesthetic but doesn't actually infringe on any protected IP wouldn't cause any strife. 

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Re: Second hand bootleg selling - legal or illegal?

Years ago I bought a DVD on eBay that was possibly an illegal copy.....of a movie that was made in the 1930s and at the time was only released on video....but not available in Oz. I believe the seller is no longer on eBay so who knows?

 

It was ages before an official DVD was released that was available here, and there are some movies I'd like to get that still haven't been put on DVD, but I prefer to ensure they are official releases so I can wait.

 

At the time I didn't realise it could be a copy because I wasn't internet savvy enough to look it up and check. I still have it and it's OK. 

 

I wouldn't mind a better DVD but the newer (presumably official) release doesn't say if theirs is a restoration or just another video conversion.

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Re: Second hand bootleg selling - legal or illegal?

Back in the early 2000s on eBay I bought a whole one-season TV series from the 80s on a handful of DVDs from a seller, recorded off TV in very poor video tape quality complete with a few period American TV commercials left in here and there.  It was not available to buy anywhere.  It all looked suss but it was the only way I could see it at the time.

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