Questions tagged [commerce]

The buying and selling of goods and services

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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 ...
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7 votes
2 answers
2k views

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 ...
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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/...
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1 vote
1 answer
75 views

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.
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0 votes
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 ...
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1 vote
1 answer
93 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 ...
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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 ...
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Can I use the YouTube API for hosting Videos on a commercial website?

My website is an educational website. The teachers pay for access for themselves and their students. It offers all kind of services around educational videos (like comments, analysis of comments, ...
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2 votes
1 answer
49 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 ...
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1 vote
3 answers
152 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 were attempting ...
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4 votes
2 answers
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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 ...
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1 vote
1 answer
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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 ...
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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 ...
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1 vote
1 answer
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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 ...
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1 vote
2 answers
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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, ...
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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 ...
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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 ...
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Is there a rule or law governing the reissue of or maintaining old invoices by a seller in Republic of India?

The product was purchased on 12th October 2019. There is an order id and order summary on the orders page of the consumer. But the consumer is unable to download or view the receipt due to a false ...
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-1 votes
1 answer
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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 ...
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1 vote
1 answer
33 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 ...
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2 votes
2 answers
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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 ...
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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 ...
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1 vote
1 answer
63 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 ...
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1 vote
1 answer
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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 ...
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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 ...
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1 vote
1 answer
84 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 &...
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3 votes
1 answer
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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?
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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 ...
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1 vote
1 answer
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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 ...
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-1 votes
1 answer
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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. ...
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0 votes
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 ...
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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. ...
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2 votes
1 answer
127 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 ...
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2 votes
1 answer
221 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 (...
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-2 votes
1 answer
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I noticed I'm overcharged for my internet in Australia. Where to complain?

I have subscribed to an internet service in Australia and they overcharged me. They are not following laws. I have found a few resources to prove they are in wrong. https://www.business.gov.au/...
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2 votes
1 answer
75 views

What penalty would Google or Apple face if they didn't remove TikTok from their app store?

Let's say that the situation stands as it is now in the future—TikTok is not bought by a US company and no changes are made to the existing executive orders or other steps taken by the US government. ...
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0 votes
0 answers
68 views

What US state was this purchase made in?

I wish to file a claim in a class action settlement in the US. However, eligibility is dependent on what state you made a purchase "in" (the purchase being an item from an internet app). If ...
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3 votes
1 answer
99 views

On U.S. Treasury getting a percentage of sale of TikTok to Microsoft

Regarding the potential sale of Chinese company TikTok to Microsoft, Trump "says he told Microsoft’s Nadella that U.S. should get a cut ‘because we’re making it possible for this deal to happen’&...
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-1 votes
1 answer
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Can I use a company's logo on the merch I want to advertise to them? [closed]

I am a merchandise designer. I want to advertise conceptualized apparel/general merch designs to a company by email with the option for them to purchase it. I want to use their current brand ie. logo ...
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3 votes
1 answer
345 views

Are online retailers breaking EU/US law by using user's log-in information to charge different prices without explicitly notifying them?

I am aware that in most places firms are generally allowed to price discriminate, i.e. offer different prices for the same product to different customers based on personal characteristics. For example,...
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0 votes
1 answer
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Is there a Legal Requirement for Computer Companies to Include an Operating System when Selling a PC?

I asked a company if they could sell me a PC without an installed Operating System, as I plan to install my own. Their response was that "We have to legally include a OS with all of our systems. So ...
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0 votes
1 answer
48 views

Is it legal to use a brands name in products title?

Amazon keeps deactivating listings for this reason. The reason that i am using their name is; I am producing product for (compatible) their products. Titles are like "Bag for XXBRAND XXMODEL". I have ...
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1 vote
2 answers
60 views

Legal definition of commerce?

When a law refers to commerce (e.g. interstate/foreign commerce), is this only a reference to economic activity? Or does it refer more generally to forms of communication? Considering 18 U.S. Code § ...
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-2 votes
2 answers
81 views

Can a sale be voided after payment has been tendered?

Found a car at a dealership, negotiated price, paid dealership for car, they accepted and deposited my funds (part cashiers check, part credit card charge). After I had paid in full they said, "We're ...
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2 votes
2 answers
108 views

Are there any restrictions on the taxes or duties a U.S. state can levy?

The U.S. Constitution's "Commerce Clause" (Article I, Section 8) grants the federal government authority to regulate interstate commerce. The same section contains the "Taxing and Spending Clause" ...
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1 vote
2 answers
169 views

Is it fraud to intentionally mislead a buyer about the value of an item for sale?

Jimmy intentionally lies to Marco by telling Marco that Jimmy has a Kennedy half-dollar that's worth $800 because Kennedy is facing left not right. The actual value of the half-dollar is only $0.50. ...
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2 votes
1 answer
75 views

Is it legal to perform communication with authorities for money in Germany?

I've gone through some processes of communcation with the register of associations and noted that there's no clarity of the process except for law texts and obscure forum posts. I thought, I'd would ...
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1 vote
3 answers
135 views

False Advertising

I would like to start with saying that I have completely no experience in any kind of law. That said I would like to specify that I am not searching for a legal advice, but instead I am just curious ...
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0 votes
2 answers
67 views

Handling a disputed invoice: verbal quotation

If a professional services firm gives a verbal quote (in line with market rates) but then bills for services that, by an order of magnitude, exceed the original quote (and market rates) – what ...
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28 votes
4 answers
19k views

If someone orders a pizza in the US and doesn't pay for it, could they be arrested?

If you were to order a pizza in the US and didn't pay for it afterwards, could you be arrested?
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