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Questions tagged [commerce]

The buying and selling of goods and services

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Are there any examples of selling unsealed videogame as “new” being illegal?

Contest: over the years, a mayor videogame reseller company that operates in many countries worldwide has made a practice to unwrap the games it sells, putting only an empty box on display. When you ...
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1answer
32 views

For products shipped across state lines, who gets the taxes?

Let's say a company registered in Delaware manufactures its products in Texas and sells them around the country online, and in person in New York. What taxes, and from which state(s), apply when ...
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1answer
38 views

Can I use this code in my own commercial projects?

I am reading a programming book that was written by an author that is not around anymore and published by a company that also does not exist anymore. This is the book. When I load in the CD-ROM, I ...
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4answers
154 views

Right to travel(transportation code definitions) [duplicate]

I believe we can all agree that there is no reasonable argument that anyone has the right to drive without a drivers license. The states have been granted in several court cases even up to the supreme ...
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1answer
35 views

Questions regarding laws on technology designed to avoid prosecution?

From my understanding it is illegal to operate a car with a radar detector installed in all states of Australia, but. Is it illegal to posses one if it's not being used? Would there be anything in ...
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1answer
70 views

If a broker (AKA man-in-the-middle-scammer) cheats a buyer, can the seller be held responsible?

For example, the deal is that BrokerSneaky mails a payment to Seller. Seller has placed something in escrow as required by BrokerSneaky. BrokerSneaky DOES NOT mail anything, but instead gets ...
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1answer
55 views

Copying programming problems (with proper citation) in order to write explanations on how to solve them in a blog/website.

I will be doing two things: Make a blog/website and copy and paste algorithmic questions and other programming problems word by word (could be from books or other websites) and properly cite them. ...
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1answer
101 views

Editing and selling 3D models licensed under CC BY-NC and CC BY-NC-ND

I love 3D printing and I am thinking of selling some of my prints but most of my print models are downloaded from a website. 3D models came with Attribution-NonCommercial 3.0 Unported (CC BY-NC 3.0) ...
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1answer
97 views

legal recourse against a company with no contact information

I have an online account with a company that provides no contact information. The company is charging me for services I don't want and is providing no way for me to cancel the services or get in touch ...
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1answer
89 views

What happened to the anti-tipping laws?

There used to be many states, like Tennessee and Mississippi, that had anti-tipping laws. These laws made it illegal for restaurants, hotels and railways to allow their employees to accept tips and ...
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2answers
72 views

Using translated company type on website

Is it legal to display the translated the company type on a website in English if the site itself is English? Also, on a bill? My specific problem is that in my country (Hungary), the short name for ...
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2answers
159 views

Can a company legally disable a product on the basis it was acquired fraudulently?

I recently bought a product on eBay, that turned out to have been directly bought from the manufacturer with stolen credit card info. A couple months after the purchase, the hardware, which "calls ...
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30 views

Ecommerce website not registred as a company

I have a friend living in Germany, and he is going to launch a new ecommerce website (selling different staff). I am not a lawyer, I am also living in Germany and I know just a little about laws here, ...
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24 views

“Commercial use” clarification

This is something I've run into several times now. A lot of biological samples are shared for research with a caveat in the MTA that they are "not for commercial use". What exactly does this cover? ...
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2answers
45 views

Is it legal for a vending machine (company) to offer additional purchase options after currency has been inserted?

Would it be legal to have a vending machine which could, let’s say through a touchscreen, offer different purchase options. For example a $1 soda machine. You put in the dollar and push the cola ...
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1answer
82 views

Our company shipped product to an address that the recipient just moved from

The recipient moved and didn't notify us. He moved 1 mile away. Our tracking number showed delivery to his former address. The person said he went back and the new tenants said they didn't have it. ...
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61 views

Is it legal for a retailer to modify a product to remove best before dates and batch numbers?

We manufacture and supply to retailers in the US, via a distributor, a trademarked liquid animal feed product. Recently we have discovered that one of the retailers has been wiping off the best before ...
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1answer
208 views

What does “potential for abuse” mean in the Controlled Substance Act?

According to the DEA’s Denial of Petition To Initiate Proceedings To Reschedule Marijuana from 2011, one reason for the cannabis plant’s Schedule I status is because it has “no currently accepted ...
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1answer
38 views

Can a digital marketplace restrict access to download content you purchased?

Let's say a company created the video game console X and sells games on that platform through a digital marketplace. You spent $200 on 10 games for this platform. Then a few years down the line, the ...
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1answer
230 views

Is it legal to make two competing brands of the same product without making the public aware of the common source?

Suppose I create rocket boots and brand them as "Super Jumpers". After a couple months of selling them, I stealthily create a new brand of rocket boots called "Mega Fliers". I do not publicly reveal ...
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1answer
62 views

Must stores legally have lighting available and switched on?

I walked into a liquor store at 8:50PM. They turned the lights off at 8:55PM. I repeatedly asked to have the lights turned on, and stated that it is a risk to have no lights in the store, but ...
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0answers
55 views

Can I test payments on a client company's website using my personal credit card?

It has come to my attention that a practice I've been performing might be illegal. Every time one of my client's websites goes live, I perform a test transaction on a live payment gateway using my ...
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1answer
99 views

Is a “Cash Price” sign legal in the UK (and Republic of Ireland)

Long story short we have a load of "Cash Price" sale tickets in stock (small tickets with "Cash Price" written on top, and then you can write the price underneath), but we have been told in passing it'...
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1answer
114 views

Can one sell allowed product and “give” unallowed product for free?

According to this: A student was selling paninis to other students. When campus police made him stop because it's against school rules to sell food outside of approved bake sales, he began selling ...
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1answer
65 views

Can I lable a product, “product of” the country where it was bottled

Can I lable a product, "product of" the country where it was bottled? For example if I buy barrels of oil from Spain, and bottle them in Italy , can I lable it "product of Italy"?
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45 views

Is there recourse for damages due to merchant reselling item after taking payment but before delivery?

We purchased a door at Home Depot. It was a display model, and therefore sold at a significantly reduced price. We also purchased installation service, and therefore left the door at the store so ...
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1answer
80 views

Using OFL SIL font to logo

I have a question. I download FontAwesome (SIL OFL licence 1.1). I took icon- bulb and expand it to curves in vector software. I edit that icon that the icon never look like original anymore. And I ...
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1answer
47 views

Searching license to allow commercial use but not selling

I'm currently distributing my software to create websites under the Creative Commons BY-SA 4.0 license. Now some people are selling my software as it is, which is allowed by this license. I don't like ...
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1answer
60 views

FOIA request and Commercial use - Sales Tax info

I was considering doing a FOIA (Freedom of Information Act) request and noticed the stipulation about putting the information gained to commercial use. That seems maybe a little broadly worded, ...
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1answer
436 views

Can a company charge two different prices for the same product at the same time?

Let’s say the company is called X. I have found out that there are two different links on X’s website which leads to the same product, one that has a price of $1000 and the other $800. The link for ...
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1answer
144 views

Could something like CyberBunker be legally ran in the US?

CyberBunker is the name of a company and Soviet-era nuclear bunker that has been converted to a datacenter in Holland. They made some news a few years ago when they were raided by a SWAT team, but the ...
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2answers
393 views

When is making and selling “snake oil” illegal?

There's an interesting story in the news lately about a company selling "Bio-frequency healing" stickers, made from "the same material used in NASA space-suits", that supposedly heal us using some ...
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1answer
45 views

Is it legal to develop a commercial player that a proprietary file format?

I managed to reverse engineer a proprietary file format enough to be able to 'play' it. I am working on a project where I am building an app that reads these such a file and play it. Where do I stand ...
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1answer
321 views

Salesperson misquoted price. Do I have to pay back the difference?

Background I purchased something from a local store. The salesperson made a mistake and quoted me a lower price than what should have been. I made a down payment since they didn't have what I want at ...
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2answers
84 views

Can I require someone to donate money to a charity I'm not associated with prior to donating an embryo to them in the USA?

I have a left over embryo from IVF which I plan to donate to someone else so they can have a child. However, I want to do the most good with this embryo as possible, and so it occurred to me that in ...
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1answer
126 views

Does entering a photo in a competition qualify as commercial usage?

I would like to know if I need to have the rights for commercial usage for a photo that I want to enter in a photo competition. Consider this scenario: I take a photo of someone (e.g. a model) and ...
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1answer
87 views

Am I allowed to take money for cigarettes?

If someone comes over to me asking to spare a cigarette and offers to pay for it, am I allowed to take the money? Is it considered selling tobacco without having the proper license?
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1answer
74 views

Is it legal to sell copies from unbranded products?

If I buy a item on Ebay from China, which says nothing about ownership, brand, legal rights or copyrights, could I legally make copies of that product and sell them commercially?
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2answers
147 views

Taking advantage of seller pricing errors

I saw a website which was selling things, but a few of the items were $0.00. If I was to buy the item, I'd only have to pay shipping for it. I'm no expert but I've been around the block and the ...
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3answers
565 views

How does personal drug possession affect interstate commerce?

According to the Controlled Substance Act: § 801. Congressional findings and declarations: controlled substances.... ...(3) A major portion of the traffic in controlled substances flows ...
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2answers
331 views

Why can ONLY federal authorities regulate interstate commerce?

The Constitution of the United States gives Congress the power to regulate interstate commerce. It seems the federal courts have held that only Congress, and not state legislatures, can regulate ...
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2answers
152 views

Do Google/Apple have total control over apps on their store?

Can App stores remove specific apps at their discretion? Or do they have to set forth rules about what is allowed and then follow those rules? One thing tells me that it is their store, so they can ...
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1answer
38 views

Laser Laws (Washington State/U.S.)

I'm interested in purchasing a laser source for some product development as a side project, however I understand lasers are a touchy subject. So, what are some proper avenues to pursue when ...
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1answer
205 views

Is having a wallpaper on an office computer personal or commercial use?

If one downloads a wallpaper on an office computer for the sole purpose of putting it on one's own desktop and watching it all day (as long as there aren't any windows blocking the view at least...), ...
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1answer
133 views

If a mailman steals a package, who takes the loss?

If I buy something, say from Amazon, and the mailman steals it, then is it my loss or Amazon's? In other words, for first class or priority mail, when does the mail piece pass from possession of the ...
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1answer
146 views

Amazon have charged me for Prime membership without my knowledge

I recently discovered that Amazon have charged me for Prime Membership around 10 months ago. Unfortunately I have ordered a number of things from their website which were shipped using prime shipping, ...
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1answer
113 views

Can a vendor cancel an order due to a pricing error?

I purchased some goods from a supplier which has now cancelled my order giving the reason as being a pricing error. However I had paid for the item and in their online portal it stated that my order ...
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1answer
41 views

Is a supplier liable for missing delivery?

I ordered a product online and have been promised the following from the supplier: "...your order will be shipped out in approximately two weeks..." It is now past due. As a result of the delay, I ...
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1answer
48 views

Expired vs. All Sales Final

Supposing a man buys a box of food at a clearance event where signs are posted that say "All Sales Final." When he gets home, he discovers that it is a week past its expiration date. Is he just out of ...
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1answer
482 views

Why are residents of particular states barred from being Amazon affiliates?

Amazon's affiliate operating agreement contains the following clause: In addition, if at any time following your enrollment in the Program you become a resident of Arkansas, Louisiana, Maine, ...