Can they do this?

[shartley]

LOL You are too funny.

So unless a court rules on something NO crime has been committed? Then why would anyone be arrested? I think your thinking is a bit backward, and this is odd considering what your Major is.

You are in essence saying that if someone was to break into your house, and take things, it is perfectly legal until a court says it isn't. And in fact this would apply to any Laws under your way of thinking. However, this could not be farther from the truth.

And the INTENT of the sticker is perfectly clear. Poor execution of a rights violation is STILL a rights violation.

And with most Laws, the punishment for attempting the crime (excluding capital murder) is the SAME as if the crime was successfully committed.

No matter how much you want to slightly change your words, you will still not be correct on this issue. And if you HAVE studied Copyright and Trademark Laws, I would suggest a refresher course.

I don't mind people disagreeing with me, but please do so with a logical and factual standpoint. Both your statements were proven wrong with absolutely NO effort.

Oh, and I agree with BEAM on the looks issue.

[cphilip]

Hey, everyone else is doing it, so it MUST be okay...

[Puckz]

I thought in the US you were innocent until proven guilty.

Same thing here...

AGD decides they want to pursue this so they ask the person to stop. This person tells them to screw off and can continue making and selling them. AGD takes it too court and a judge must decide that it is in violation. At that point the sticker in question is illegal and the person making them has to stop. Until that point the sticker is perfectly legal.

And if the sticker in question is ruled to not be in violation of the trademark, than in essence, no crime has been committed.

Thats how the law works. You gotta love it.

------------------
Mikey Smith
About Paintball Dude

http://paintball.about.com

[email protected]

[This message has been edited by Puckz (edited 08-30-2001).]

[shartley]

Actually, you can commit a crime and still NOT be convicted of it. THAT is how the Law works. And to say that until you are convicted of a crime, you did not commit it, is a gross misstatement.

In fact, under your way of thinking, no police officer could arrest anyone for anything until AFTER the trial. Why? Because you have not committed the crime until the Judge says you did.

You see, you are WAY oversimplifying the legal system. And this makes me ask.... what year of study are you in?
What a court does is PROVE that a Law was broken, and provides the appropriate punishment.

Again...Under your way of thinking, anyone can do anything and no laws are broken until a Judge says they are. But that is CLEARLY not the case. But good try on the "Innocent until proven guilty" thing. Being convicted of a crime is NOT the same thing as committing a crime.

[cphilip]

Nope...crime has already been committed...Too late for sorry. Will AGD want to pursue it? I dunno....

[shartley]

[cphilip]

I am the master of succinct...

[martlet1]

Correct, you can commit a crime, but you are assumed innocent by a court of law until you are convicted of it. You must have something called probable cause of crime to arrest someone. AGD would have probable cause that someone has infringed on a trademark. It makes it illlegal to do so, but does not neccesarily make it a criminal action. It does however make it a definate CIVIL violation that could be compensated by monitary means. This would be a civil complaint.

[Puckz]

I'm not over simplifying, you're over complicating

And it's my 3rd year of study to be exact, but no need for personal attacks here.

Let me ask you this question...

Did OJ Simpson commit a crime?

------------------
Mikey Smith
About Paintball Dude
http://paintball.about.com
[email protected]

[shartley]

[Bailey]

jezz,its a sticker fer' cryin out loud

p.s. a $1.00 sticker

[dansim]

wellseeing as thats not really the emag logo i dont see anything wrong w/ it i mean if i wrote emag on my angel would that be a copyright violation? and i belive emag the phrase was around much longer than the gun as in the under ground web magizines emags

[irbodden]

That is so ugly.

[shartley]

[Puckz]

Hey I never said the sticker wasn't "wrong".

Right and wrong and legal and illegal are two totally different things.

And on the OJ thing. According to the law, he didn't do it. He was found not guilty beyond a resonable doubt by a jury of his peers. In other words legally he didn't commit a crime. (legally)

You gotta think about this legally, not logically. Because the law is not logical.

And with that I will say this is probably one of the best law threads you will ever see on a paintball message board

------------------
Mikey Smith
About Paintball Dude

http://paintball.about.com

[email protected]

[This message has been edited by Puckz (edited 08-30-2001).]