Questions tagged [commerce]

The buying and selling of goods and services

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Is it legal to create a legally allowed problem that didn't exist beforehand, then sell the solution to that problem to affected people?

Examples: A phone company selling a phone with a headphone port for years, then redesigning your latest model phone so it doesn't have a headphone port and selling an adapter so people can connect ...
Nzall's user avatar
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Using science paper's method in commercial product

Is it possible to use the method (method or algorithm, model, etc.) described in an open scientific publication (license is arbitrary) in a commercial product in closed source code? That is, the ...
Sergey Ivanow's user avatar
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1 answer
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Almost certainly a scam, but with our business data? [closed]

The company I work for got an email out of the blue some time ago that basically consisted of "hello we are Chinese company, we see you do business with other countries, we can help you with ...
moosemaimer's user avatar
1 vote
1 answer
174 views

On what legal basis can a store sell an item and forbid its resale?

I was trying to resell this item, which I purchased a few years ago from California from a NJ seller. The item page says the item cannot be resold, but I guess I forgot. The store I bought it from ...
MicroMachine's user avatar
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4 answers
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Is presumption of innocence also applicable for private contracts?

Imagine US citizen X has its US home broadband contracted with US corporation FastNet LLC. One day FastNet LLC cuts the service stating that "Citizen X has violated ours terms and conditions"...
User981636's user avatar
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Is a private individual shopping for personal goods from companies "non-commercial"?

Suppose Alice is interested in buying something for her personal use, completely unrelated to her work or making money. She investigates the products produced by Bob Inc. and Charlie Corp., both for-...
User65535's user avatar
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Texas - New Mexico Razor Wire Fence vs Interstate Commerce

This question is related to Gov. Abbott's order to have the Texas National Guard install 18 miles of razor wire between Texas and New Mexico. Based on: Original Abbott Post (Twitter) San Antonio ...
G. Putnam's user avatar
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Any laws against scalpers that buy all stocks of a product and sell them for outreagous prices?

This might already be known, but there are peoples (some call them scalpers) that buy entire stocks of a specific product (e.g.:a specific graphics card model, etc) and then sell them for outrageous ...
Nordine Lotfi's user avatar
2 votes
2 answers
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Bar to win a preliminary injunction to block an M&A deal

This is a thread of tweet about the bar FTC has to meet to block an M&A deal. https://threadreaderapp.com/thread/1669428214513672193.html My question is does this bar only apply to FTC? Is it the ...
CuriousMind's user avatar
-1 votes
1 answer
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Minecraft EULA for mods [closed]

Word on the street is that it's against the EULA to sell Minecraft mods. I took a look at the actual EULA, which they use California/corporate/cutesy/condescending language to say that they don't ...
YetAnotherRandomUser's user avatar
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1 answer
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Am I legally obligated to let a store clerk see my receipt? [duplicate]

For as long as I can recall, bulk stores in the area I live (e.g. Costco, BJs, etc.) have checked customers' receipts as they exit the store to verify that all items in their cart are what was ...
Pyrotechnical's user avatar
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I am not allowed to purchase Tech B unless already a customer of System A from same Company, which I do not want/need ..legal?

A computer system is listed for sale on a company's website with the caveat that I must already be a customer of their gene sequencing platform, which I am not interested in / do not need, as I do not ...
John Prato's user avatar
2 votes
1 answer
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Can you charge for the ability to annotate texts which you are using it under a non-commercial license, where you still show the text for free?

Say a bible text is released with a creative commons non-commercial license (can't use for commercial purposes). Say I then publish that text and make it freely available under the same license, so ...
Lance's user avatar
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5 answers
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A store security guard prevented me from entering a shop 30 min before the close, does he have the right to?

I tried to enter a shop that closes at 11 p.m. in France, at 10:30 p.m., and the store security guard prevented me from entering. Does he have the right to? If not, what could I do to go in? What do ...
Mathieu Nightown's user avatar
2 votes
2 answers
96 views

On the Term "Commercial Use" and the Usage of an Apparently Free Font

I am in the process of finishing up a book which I anticipate will be published in the United States. For the book's cover, I would like to make use of a font that is freely downloadable; and, as far ...
DDS's user avatar
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Is it illegal to sell duck eggs in Austria?

When I lived in Toronto I would often buy fresh duck and turkey eggs from the city's markets. Yesterday I tried doing the same thing at a market in Vienna and was told by the stall operator that it's ...
Psychonaut's user avatar
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2 answers
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Confusion about USA export regulations regarding electronics

I am an electronic hobbyist based in Canada. Recently I bought different Microcontroller development boards from Mouser.ca (a huge online electronics distributor based in Mansfield, Texas). This is ...
Lexx32117's user avatar
1 vote
1 answer
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Price parity clause for marketplace

We are in the E-commerce business and there is a marketplace that we would like to sell our products on. They have in their contract a "price parity clause" meaning we have to give the ...
swimmer's user avatar
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2 votes
2 answers
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Does use of a dictionary count as commercial use

Does use of a dictionary on a website count as commercial use if I use its translations manually when writing some document that is used in business? Moreover, if there is a note in the website's ...
Marko's user avatar
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7 votes
2 answers
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Does the "Interstate Commerce Clause" prohibit local or state government from "boycotting" another state

Recently I read that some municipalities in California are restricting "official travel" to Florida and Texas, presumable over legislation they consider objectionable. In the past, I know ...
Frank's user avatar
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Is it legal for an EU-based online retailer to geoblock non-EU/EEA customers?

The company I work for (based in Germany) offers online courses. The company would like to block users from non-EU/EEA countries (because of taxation complexity when we take payments from outside EU/...
mcaleaa's user avatar
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1 answer
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Is it legal to buy raw gold in South africa?

Is it legal to buy raw gold in South Africa? I see someone is selling it on Facebook and I want to make a ring for myself.
Technolo Jesus's user avatar
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1 answer
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Validity of Proofs, and what is terated as a Proof? [closed]

If a product delivery from an e-commerce company was canceled due to their own logistic issues. Later their chat system which is an automated bot confirms the product cancellation and refund date. Yet ...
Stackchampu's user avatar
1 vote
1 answer
102 views

Pulled off Amazon on a specious trademark claim

Selling products on Amazon, I've had a listing pulled over "trademark violation" for mentioning that an HVAC sets come with acme fittings and/or acme adapters. Is there any way that this ...
lly's user avatar
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1 answer
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If I buy a bulk product and resell in small packages, do I need to label them?

If I buy a bulk product (several pounds) and resell it in 0.5 ounce packages (this is typically how it is sold, so this would be like a “group buy” except I am fronting the cost) Do I need to label ...
question's user avatar
1 vote
1 answer
84 views

Does rewording questions make them not copyrighted?

I currently work as a tutor for high school kids - so you can assume that this is commerical. To give them homework, I take questions from textbooks, past exams, and from online. I reword the ...
yesyesyes's user avatar
1 vote
3 answers
303 views

Does a product marked with a certain price have to be sold at that price (Ireland)?

This question is already answered here for the US but I'm wondering about the same case in Ireland. (apologies if this is a duplicate but I wasn't sure what to do in this case) My wife and I were ...
komodosp's user avatar
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3 votes
2 answers
576 views

Is it necessary to explicitly disclaim warranties on "private" sales?

When people in Germany and Austria sell their own second-hand goods (used clothing, toys, bicycles, etc.) via online classified ads or auctions, they almost always include a statement explicitly ...
Psychonaut's user avatar
1 vote
1 answer
226 views

Canadian (BC) invoicing regulation - can we attempt to collect interest after the overdue payment is made?

My business partner and I started a construction related business last year. We recently (August 2021) received payment for an invoice that was issued June of 2020. At that time we did not have any ...
Cat's user avatar
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4 answers
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What stops "free content" creators from suddenly making their content copyrighted, and suing everyone who has used their previously free material? [duplicate]

For example, pexels.com has a lot of stock images, free for any use including commercial sales, without attribution. The content creators, i.e., photographers, know that by uploading their photo to ...
Dakter's user avatar
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1 vote
1 answer
103 views

Are firm's vendors liable in case the firm deliberately and openly shuns GDPR compliance?

This is hypothetical and it's only meant to ask about the extent of the law, not ask for a particular legal advice. Let's say a US merchant's website uses exclusively regional US banks. Because they ...
grovkin's user avatar
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1 vote
2 answers
407 views

Can I include public domain pictures in my book, without explicit attribution/consent?

Currently I'm writing a book, in which it would be interesting to include some relevant pictures. The pictures I'm planning to include are in the public domain. Here is an example. That picture, ...
Dakter's user avatar
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1 vote
0 answers
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Selling from UK to EU as a private seller on an online marketplace with no IOSS number - what to do?

I would like to ask a question that relates to this existing question: Do new VAT rules apply to gifts from non-EU countries? Suppose I am a private, non-business seller on an online marketplace ...
user3490's user avatar
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0 votes
1 answer
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How far does a Creative Commons Non-Commercial restriction reach?

I found an open-source project that is licensed under CC BY-NC-SA 4.0. (attribution, non-commercial, same license for derivatives) I really like what it does, but I'll have to modify it a bit to fit ...
AaronD's user avatar
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-1 votes
1 answer
56 views

I returned an order to a business online that has a "typical" return policy, and they have not issued a refund. How can I take legal action? [closed]

I ordered an item from business online that has a "typical" return policy, i.e., a full refund will be issued in, say, two weeks upon receiving the returned item, assuming that the item has ...
lilliege's user avatar
1 vote
1 answer
109 views

Quotes from Public Speech or book with POD business?

Please note, This question is a bit different than this one: Intellectual Property Issues associated with a Public Speach? I am trying to sell some T-shirts online by adding my artwork. At the same ...
mmmm's user avatar
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1 vote
2 answers
335 views

Fireworks just got banned. Are people entitled to return them?

My state just announced that fireworks are banned this year due to high risk of fire. Unfortunately, they announced it too late, and some tents have already opened and some people have already bought ...
SegNerd's user avatar
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1 vote
1 answer
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Direct sales outside of schools

Is it illegal to do direct sales (as in approach parents of students) outside of school gates and market ones tuition business? I got warned by the members of staff at the school to leave the area or ...
Aujarmani's user avatar
0 votes
1 answer
139 views

Are there any legal issues for commercial emulator software?

There are many emulators for old computer and game console systems (like C64, ZX Spectrum, Amstrad CPC, NES, Sega, etc). But all I know about are free and open-source software. I was not able to find ...
bobeff's user avatar
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1 vote
1 answer
52 views

Are online stores supposed to state the true "order cost"/value of an order on the package/envelope for the customs?

I bought an electronic device for about £200 (GBP) from a UK online store to a nearby country where I live. When the package finally arrived, a few weeks later, it stated "£20" for the value ...
Ada Handren's user avatar
15 votes
1 answer
2k views

What is the copyright status of a journal article written more than 70 years ago?

I read (mostly on Wikipedia), that copyright to a written work expires 70 years after the author's death, or 95 years after the publication by a corporation. Having said that, the status of journal ...
Dakter's user avatar
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1 vote
1 answer
100 views

In the USA, are their laws about what you can claim is "included for free" with some product?

Let's say I go to an art store and they have a easel for $50 and it says "includes free brush". Is there any law about whether it's legal to claim "easel $50 + free brush" vs just &...
samanthaj's user avatar
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2 votes
1 answer
139 views

Has anyone been imprisoned for noncommercial copyright infringement under US law?

Has anyone who was not making money on copyright infringement been imprisoned for copyright infringement under US law?
Atomic Tripod's user avatar
21 votes
4 answers
2k views

What are the limits of the Commerce Clause?

In Gonzalez v. Raich, the Supreme Court held that the Controlled Substances Act could apply to home-grown marijuana that started in and never left California because it could still affect the ...
Ryan_L's user avatar
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1 vote
1 answer
100 views

First Sale doctrine on digital goods in a virtual world

For our hypothetical we set the stage using Second Life as an example virtual world. Second Life is hosted in the United States by Linden Labs. SL Terms of Service by Linden Labs. People can upload ...
Trish's user avatar
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-1 votes
1 answer
28 views

Geographical Protections

For a small Non-profit business, if you want to include a Geographical Region as part of your business name, then is it a Legally Enforceable requirement that the business has ties to the region (e.g. ...
Pat-S's user avatar
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1 answer
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Would I be allowed to use a device hardened using a hardening guideline provided under a cc-nc license to do commercial stuff?

I want to install a new OS on my main computer. After I install it, I want to harden it according to these guidelines: https://learn.cisecurity.org/benchmarks I am not part of any company yet, and the ...
KGM's user avatar
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-2 votes
2 answers
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Is it Illegal to sue a company that sells fake products to US customers?

My Girlfriend works for a car parts company where she found out that they sell products bought from China and is actually sold as “made in US” to customers and charged thousands of dollars for them. ...
Alexander's user avatar
2 votes
1 answer
171 views

Is the ORGVSM f*ck tee legal?

The ORGVSM f*ck tee is very explicit, and against many powerful luxury brands. One would think this was commercial disparagement (and perhaps other crimes besides, such as using the brand-name of ...
Johan88's user avatar
  • 123
2 votes
1 answer
384 views

Is it illegal for a store to advertise a product and then never sell it?

Suppose (Store) is planning to sell (Product) at price $N. (Store) puts up a display inside the store for (Product), say an image and a price tag. (Product) is correctly listed as out of stock and (...
SegNerd's user avatar
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