(Not Political!) Could the SHOP SAFE act stifle DFO gear sales?

Pat A Flafla

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At a glance, it looks like this proposal could possibly make DFO liable for all sorts of issues related to forum member buying and selling. Any lawyers here who care to weigh in?


If so, I'd hate to see the for sale sections go, but if the crummy choice were forced upon the overlords, I'd hope they'd protect the rest of the forum by maybe closing down the marketplace.

Ideally of course, I'm reading it wrong and nothing will ever change--even grumpy old dudes hating on new stuff. *Especially* grumpy old dudes hating on new stuff.
 

mtarrani

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I am definitely not an attorney, but the act appears to be aimed at counterfeiting; i.e. selling a Gibson that is not a Gibson - just a copy. That places the responsibility to ensure that only items that have genuine trademarks are offered and sold on the platform. I could be wrong, but that is what I got from a quick read.
 

cashmanbashman

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Have to make sure that something that has been taxed 100 times gets taxed at least once more. Daddy needs a new pool! I don’t think it would affect us here on DFO but I’m wrong more often than I’m right.
 

squidart

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Not a lawyer. But it looks like bootleg merch sales liability to be placed on ebay, etsy, etc. in order to get them to screen listings. I don't see how it would/could be applied here, to craigslist or any other forum.
 

1988fxlr

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Law school was a long time ago, and I never pursued law afterwards; but the way I’m reading this only concerns the sale of goods “that implicate health and safety.” It would take a very broad interpretation of implicating health and safety to include musical instruments and related accessories. I’m guessing this is aimed at the sales of knock off n95 masks, hand sanitizers, disinfectants, at home tests, etc during the pandemic
 

Pat A Flafla

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Law school was a long time ago, and I never pursued law afterwards; but the way I’m reading this only concerns the sale of goods “that implicate health and safety.” It would take a very broad interpretation of implicating health and safety to include musical instruments and related accessories. I’m guessing this is aimed at the sales of knock off n95 masks, hand sanitizers, disinfectants, at home tests, etc during the pandemic
Ah, that makes sense. I hope that's all it is.
 

JDA

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I’m reading this only concerns the sale of goods “that implicate health and safety.” It would take a very broad interpretation of implicating health and safety to include musical instruments and related accessories. I’m guessing
you know what reading that statement reminded me of..


image1-jpeg.395593
 
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dharma bum

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This definition should exclude from the Act sales of percussion instruments, unless you're allergic to them or they cause a "serious adverse event," which describes a few of my gigs I guess...


‘‘(iii) The term ‘goods that implicate9
health and safety’ means goods the use of10
which can lead to illness, disease, injury, serious11
adverse event, allergic reaction, or death if pro-12
duced without compliance with all applicable13
Federal, State, and local health and safety reg-14
ulations and industry-designated testing, safety,15
quality, certification, manufacturing, packaging,16
and labeling standards.17
 

1988fxlr

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This definition should exclude from the Act sales of percussion instruments, unless you're allergic to them or they cause a "serious adverse event," which describes a few of my gigs I guess...


‘‘(iii) The term ‘goods that implicate9
health and safety’ means goods the use of10
which can lead to illness, disease, injury, serious11
adverse event, allergic reaction, or death if pro-12
duced without compliance with all applicable13
Federal, State, and local health and safety reg-14
ulations and industry-designated testing, safety,15
quality, certification, manufacturing, packaging,16
and labeling standards.17
I’ve caused serious adverse events several times with a drum kit but I don’t think any can be causally linked to the distribution of counterfeit goods online
 

1988fxlr

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you know what reading that statement reminded me of..


image1-jpeg.395593


just reminded - warning labels affixed to percussion items - the discussion we had awhile's back.
What the california legislature suggests, and what will hold up in a federal court are two different things and to an even greater degree, what a corporate lawyer will suggest to her clients to cover all foreseeable causes of action and what any entity will try to enforce are also different things
 


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