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Old 12-17-2005, 12:36 PM
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Default Gehrig '33: Real? [With Back of Card Included]

Posted By: davidcycleback

Some sound legal advice to eBay forgers: "I don't know if it's real or reprint" is only a sound legal defence to the person who doesn't know know if it's real or reprint, not the forger. If you are the maker of the reprint, meaning you know exactly what the card is, you are legally required to tell potential buyers what it is if this information is financially material. Forgers have gone to prison for not telling the buyers the identity/history of the item, even though it was true that they 'never said it was original at sale. It was the buyer's idea that it was original.'

I think eBay forgers selling their own creations feel that they are protecting themselves legally by saying at auction "I don't know if it's real or fake. You decide if it looks good to you." However, in a court of law, the average judge will find this defense laughable.

Say there's a case of a counterfeiter of US dollar currancy who used his counterfeits to buy goods from local businesses. What do you think the judge will think of his defense, "I never told the cashier the money was real and he never asked. If the cashier thought the money was real and gave me a stero in return, that was his decision"?

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