Not Michael Sankar
Double Platinum Supporting Member
Silver Supporting Member
- Jul 19, 2019
- Reaction score
First, I have to admit that I don't know for sure what the law is. I just remember hearing and reading that selling, buying or owning counterfeit goods is illegal. Perhaps the owning was in the context of owning a truckload (with intent to distribute). I do not claim to know, but at the time when I came across the information I understood it to be mere possession. Logic tends to suggest that it is illegal to knowingly buy, because buyers are financing illegal activities, crime, sometimes putting lives at risk (because some counterfeits are toxic), etc.I have previously tried to explain the federal counterfeiting and trafficking laws in this context, but the idea that an individual may be arrested and charged by the feds for ordering a Chibson is just too attractive for annoyed Gibson owners to die...
Can anyone out there the provide me with an actual case in which an individual has been subject to "federal felony charges" for ordering and receiving a Chibson? I can't find one anywhere on Westlaw or other legal research portals. . Indeed, a law that did prohibit simple possession would , frankly, be on very shaky constitutional grounds.
Exactly!! There are some shops making very good guitars in China. Why does it have to have "Gibson" on the headstock? To impress your girlfriend? If so, you should find another one a bit smarter.Exactly. Its pretty simple. Don't put Gibson on the headstock. Its simple. Put your last name, name of your cat, whatever.
And I think it would be better if users of this forum would not post about purchasing Chibsons. Of course I am not against free speech, I just believe that some posts I've come across on this forum simply wet the appetite for acquiring Chibsons. I believe this forum is about the love for Gibson guitars and discussions that might encourage other people to buy Chibsons should be avoided.Exactly. Its pretty simple. Don't put Gibson on the headstock. Its simple. Put your last name, name of your cat, whatever.
I agree that these things should be discouraged, and it would indeed be a better world if people did not buy Chibsons. I certainly don't own one, and see no reason to, unless it is for the purposes of a Pete Townsend imitation. (I do have a 335, a Les Paul, an SG and a BluesHawk - typical lawyer!)I do have to point out that mere possession is a crime in many other contexts. For example, possession of stolen goods. I know this for a fact. Some might argue that this law is not fair as the person in possession of stolen goods might not be aware of the fact that the goods were stolen. But again, I know for a fact this is the case, at least that's the case in New York State. I know this because I used to be an auxiliary police officer, so this is in fact one thing I know for a fact.
Possession of controlled substances, possession of firearms, etc... My point is that mere possession, in some cases, is in fact illegal.
It is possible that I had misunderstood the whole thing.
In any event, it would be a better world if people did not buy Chibsons, because they are in fact financing criminals and causing harm.
The feds typically value counterfeit goods seized at the established retail value of the original. if you can buy, say, Windows 10 for $75 on Amazon, a counterfeit copy is valued at $75.$158K?
Someone's math seems a little off?
Yeah, I know. I just misread the article.The feds typically value counterfeit goods seized at the established retail value of the original. if you can buy, say, Windows 10 for $75 on Amazon, a counterfeit copy is valued at $75.
This is because the penalties are based ,in part, on the value of the counterfeit goods imported.
Just like any other law, ignorance is no excuse.Because it can be difficult to prove a person knowingly bought a counterfeit, generally the buyer is seen as an innocent victim. So in most states having it in your possession or even buying it is not illegal. However, once it's yours you aren't allowed to resell it.
I never said I agreed Just that this is how the law looks at it in most places. I'm quite certain that anyone ordering these from China knows exactly what it is. It's the second buyer who gets it off CL that may be the one getting screwed.Just like any other law, ignorance is no excuse.
I know there are a lot of people who couldn't tell the differences, but counterfeits are nothing new, and also still not even CLOSE to being 100% like the real thing. All it takes is a little research.
Plus, if one thinks that they're going to get a $2K-$3K guitar, for $300? Something's wrong.
Again, there's absolutely no reason, whatsoever, to be buying anything counterfeit.