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Legal Blotch


Question Posted Wednesday May 26 2004, 12:19 pm

Dear ---,
This is with regards to Items listed by you on our site ------.---
We wish to inform you that we have closed your items listed on our site as we are currently involved in a system-wide initiative to remove all sellers selling pirated CD's on -----The procedure is that all sellers who cannot supply adequate proof of legitimacy or sign an indemnity letter to the effect that if any of their items are detected as being pirated in nature, they stand to face the appropriate penalty not only from -----, but also from any national-level authority (such as NASSCOM, etc) to whom their details will be forwarded.
One of the drawbacks in this system is that there is no longer any scope for non-organized sellers who are buying from the market legitimately (with bill) and re-selling on --------.If you are organized retailer / wholesaler / distributor / publisher / franchisee for CD Games, please have the enclosed indemnity letter duly signed by you , printed on a Rs.20 stamped paper and sent to the ------- Address mentioned below :
---
---
---
Kindly note that we await your document details in order to allow you to sell Gaming CD - Roms on our site , please note that without the receipt of the same we regret to inform you that we cannot allow to sell them on our site. In future if we come across you listing them on our site , we wish to inform you that we shall be forced to close them.
You would appreciate this is a step taken to protect the interest of users on the site.
Looking forward for your co-operation in this matter
----------------------------
Well Abv was the mail sent to me!!! I was (afraid to use "is") a seller at this online shop. I noticed many users getting away with selling pirated software Cds, so I also thought of earning some money. Damn, now I am in a fix!!#$%
Well I want to respond to their mail in a convincing manner stating I'm really sorry for waht I did. ANy help would be really appreciated.
And please help fast!!And I'm only 17 yrs old and I feel like tearing out my hairs.!!!!!!H E L P Sorry 4 such a long Q.


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Cspinoza1 answered Saturday May 29 2004, 8:38 pm:
Your in a fix? A fix is something small, I will tell you the truth you are getting sued. Thats the little thing, thats what they are talking about in that letter. Right now you do what your told, but at the same time they are asking you to close down your site with the information on what you are selling. First you shut down the site ok, then you reply telling them that you closed the site. Next you start to talk about what they waht, such as just a shut down or whatever it maybe. Thats when you say sorry, but in a professional manner. When you apologize treat it like your selling yourself.

Chris

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nicegirl90247 answered Friday May 28 2004, 9:01 pm:
I have no experience in this kind of matter, but my guess is a sincere apology would probably help considering that you are a minor. Something like "Dear____, I am sorry for selling illegal items on your site, but since there were many others doing the same thing, I thought that I could do it too. I did not realize how serious an offense this is, and I know now that what I did was wrong. I am only 17 years old, a minor, and do not wish to have to bring my parents into this, and burden them with having to take me to court. Please accept my most sincere apologies, and my promise that this will not happen again." Also, please discuss this situation with your parents, and perhaps get advice from a lawyer before doing anything. A lawyer may advise you differently. I haven't told too many people this, but when I was a teenager, I was in a choral group and we went on a cruise to the Carribean Islands. While on the ship, me and this other girl got the notion to steal a bunch of pictures from the ship's photograper of our group. Of course, we got caught, and our parents were called. The worse that happened was our parents had to pay for all the pictures. I hope in your case, they go easy on you. I assume this is your first offense. Next time you want to earn extra cash, do it the honest way. Get a job after school and on weekends. You'll feel much better about yourself. Good luck, and let me know how it all works out. ((HUGS))

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MFS answered Wednesday May 26 2004, 3:52 pm:
Well, from what I get from this, they are simply saying that either you stop selling there, or you prove that you are a legal reseller of software. As you cannot do that, you are stuck with the first option - not selling things on there anymore.

While I cannot see the letter they have sent, you should not need to idemnify yourself, so long as you stop trying to sell there.

Keep in mind that selling pirated CD's is indeed not earning money... it is pretty much the legal definition of theft.

By ceasing activity on the sales site, you should be fine. Mind you, I'm indeed not a lawyer. They want the filled out form to either catch people who are lying, or to let in the legal resellers. By stopping outright, you become neither.

If you have copies of pirated games, you might consider destroying them, just in case this comes back to haunt you.

The other thing in your favor is that you're a minor. But as you are 17, you won't be one for long.

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