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Questions tagged [commerce]

The buying and selling of goods and services

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74 votes
7 answers
37k views

At what point can you walk out of a restaurant if they make you wait to pay the bill?

The other day, I ate at a restaurant; the food was fine, and I got to paying the bill. Their payment system went down. They couldn't accept cards; only cash, and I didn't have the cash on me for the ...
Jez's user avatar
  • 1,127
27 votes
4 answers
21k 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?
user28261's user avatar
  • 287
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
  • 3,555
18 votes
2 answers
31k views

"Not for individual resale" - really?

In at least the US and UK lots of items that are sold in multipacks come with a notice on them that often reads: Not for individual resale That always strikes me as slightly odd - it looks like it'...
Flexo's user avatar
  • 303
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
  • 486
11 votes
3 answers
5k views

Would it be legal for a US State to ban exports of a natural resource?

I am interested in whether a US state constitution could be legally amended to ban exports of specific natural resources (such as coal, lithium or copper) outside it's own state borders. If such a ...
Brian Topping's user avatar
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 ...
Frank's user avatar
  • 185
7 votes
2 answers
1k 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 ...
Michael Hardy's user avatar
6 votes
1 answer
744 views

Do I have to pay for a drink if a vendor cannot accept payment?

Recently I was served a drink at the pub where I intended to pay by debit card and had no alternative payment method available (e.g. cash). The card reader was faulty and I consumed my drink whilst ...
Bad_Bishop's user avatar
6 votes
2 answers
109 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? ...
tardigrade's user avatar
5 votes
1 answer
553 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, ...
Cicero's user avatar
  • 6,920
5 votes
1 answer
484 views

Do claimless advertisements need to have disclaimers?

My question concerns the requirement for advertisements to carry a disclaimer stating that they are advertisements, specifically in the United States. According to the FTC (though not in these words), ...
John's user avatar
  • 51
5 votes
1 answer
233 views

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
5 votes
1 answer
315 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 ...
Cannabijoy's user avatar
5 votes
1 answer
354 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...), ...
Byte Commander's user avatar
5 votes
1 answer
337 views

When do I need a licence to play music in a public place and how do I get it?

I would like to know if restaurants, lounges, clubs and places like that need a licence to play music. I'm a developer and I would like to develop a solution that would allow them to play music in a ...
user1319182's user avatar
5 votes
1 answer
895 views

Are there any laws the require subscription services to be prorated?

I'm reading the terms of use for Gogo Inflight, and in the part about refunds it says they aren't going to prorate your service if you cancel, then it says, "subject to applicable laws." Are there ...
Carlos Bribiescas's user avatar
4 votes
3 answers
10k views

Can a restaurant or retailer be held to "posted" prices?

I walked into a fast food restaurant in New York City where a large poster in the front of the store advertised a new dinner special for $6.99. That was quite a bargain so I went to the counter and ...
Libra's user avatar
  • 6,498
4 votes
2 answers
732 views

Is it legal to search for commerce sites listing items at erroneously low prices and exploiting such errors?

Occasionally a website will post incorrect prices for items they are selling. (Maybe it was caused by a typo during their data entry process, or the result of a bug in their code.) Once they realize ...
Dingredient's user avatar
4 votes
2 answers
426 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 ...
Zorro's user avatar
  • 43
4 votes
2 answers
2k 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 ...
John Doe's user avatar
4 votes
2 answers
556 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 ...
Ryan's user avatar
  • 173
4 votes
2 answers
729 views

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
4 votes
2 answers
193 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 ...
Ag ON's user avatar
  • 43
4 votes
1 answer
202 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 ...
Cicero's user avatar
  • 6,920
4 votes
2 answers
954 views

Costa charging different prices for same item

Last week I stopped at services and ordered in Costa two coffees. One Caramel Cappuccino (£3.89) and one Speciality Vanilla (£3.99). When I got to pay and bill was £8.18 I figured something must have ...
pom's user avatar
  • 434
4 votes
2 answers
123 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 ...
dsollen's user avatar
  • 8,470
4 votes
0 answers
712 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 ...
Beelife's user avatar
  • 41
3 votes
3 answers
1k 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 ...
Cannabijoy's user avatar
3 votes
2 answers
343 views

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 ...
jacobandgeckos's user avatar
3 votes
2 answers
756 views

Can I legally guess my customer's new credit card expiry date?

As a merchant, I offer online subscription services to my customers. Often, my customer's credit card will expire, despite having an active subscription service to my product. Is it legal for me to ...
Barney Chambers's user avatar
3 votes
2 answers
614 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
3 votes
2 answers
836 views

GPL Licensed code as separate process

We are going to use a GPL licensed application as separate process inside a docker. So here's how it works: Main app ships to client, it doesn't have any GPL code. Does have lots of things and ...
GMX Rider's user avatar
  • 133
3 votes
1 answer
98 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 ...
TheEnvironmentalist's user avatar
3 votes
1 answer
174 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 ...
Jarne's user avatar
  • 33
3 votes
1 answer
207 views

What counts as "Reisebedarf" at German gas stations?

According to the Ladenschlussgesetz, gas stations in Germany are allowed to be opened during the night and Sundays, but are only allowed to sell gas, car things (like oil) that are needed for people ...
YviDe's user avatar
  • 572
3 votes
1 answer
100 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’&...
Matthew Cline's user avatar
3 votes
1 answer
475 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,...
1muflon1's user avatar
  • 132
3 votes
1 answer
431 views

Should a foreigner have a US-based company to sell through Amazon cloud-based warehouses?

Let's borrow and expand on Can a foreigner setup an unstaffed company in United States?. Everyone knows that you can rent computing resources from Amazon.com in the cloud, but not many know that they ...
cnst's user avatar
  • 5,058
3 votes
1 answer
332 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, ...
user avatar
2 votes
5 answers
491 views

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
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
2 answers
151 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" ...
feetwet's user avatar
  • 21.8k
2 votes
1 answer
144 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
2 votes
1 answer
395 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
  • 5,163
2 votes
2 answers
215 views

Is debt a publicly tradeable commodity?

Suppose I have debt – student loans or something. So the bank and I have a contract that says I owe them $500. From what I understand, the bank can sell the contracted debt to some other ...
j0h's user avatar
  • 163
2 votes
2 answers
1k 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 ...
user avatar
2 votes
1 answer
2k 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 ...
P6345uk's user avatar
  • 123
2 votes
1 answer
92 views

Proving the contents of an item delivered via post

I have recently sold an item online of a moderate value (~$5k USD) that now must be delivered to the buyer. Short of personally delivering the item or using a neutral third party, I must rely on a ...
Brian R's user avatar
  • 478
2 votes
1 answer
217 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 ...
rjhwinner03's user avatar