Criminal liability requires that the seller had actual knowledge, or constructive knowledge reasonably should have known under the circumstances , that the product or its labeling or packaging contained a counterfeit trademark. So a wholesaler-distributor who knowingly sells counterfeit products has a lot to lose under the Federal law:. In addition to the above liability exposure, a wholesaler-distributor selling a counterfeit product with or without knowledge that it is counterfeit faces legal action by injured parties if the product is defective and causes death, personal injury, property damage, interruption of business operations or other losses.
In these instances the wholesaler-distributor will likely be the one who is ultimately liable to pay these damages — since it is unlikely the manufacturer of the counterfeit product can be found, or is solvent, or insured, or can be subject to the jurisdiction of the U. Extraordinary bargains are a red flag and can be used as evidence that the wholesaler-distributor had constructive knowledge that the product was a counterfeit.
If there is any doubt about the genuineness of a product, the wholesaler-distributor should contact the manufacturer for verification of its authenticity.
Of course not. But do they represent good-faith efforts to harness technology in a way that respects the rights of owners of legitimately purchased content as well as those of copyright holders?
Yes, they do. Copyright holders have every right to expect legal protection from piracy and other improper uses of their intellectual property. But people who make legitimate purchases of digital content have rights as well—rights that are not fully respected under current copyright frameworks.
Of course, if copyright holders provide consent, then digital resales can be legally conducted even without a change in copyright law. Related Books. Turning Point By Darrell M. Marijuana By John Hudak. Unfortunately, regardless of the licensing terms, persons still abuse the program , either giveaway product keys or resell it on auction sites. Similarly Can licensed software resell?
Resale License. A software resale license usually authorizes the resale licensee to sell software copies to buyers who receive an end user license agreement EULA to use the software.
These EULA purchasers cannot in turn legally sell copies of the application to others. They are plainly illegal sales of Microsoft Office that might work but Microsoft can cancel the licence at any time. Two of them are on Amazon or Ebay, sites that customers should be able to trust and are supposed to prevent these bogus listings. It would be legal to resell a retail Windows 10 license , provided you wipe it from the machine where it is installed, but it would not be legal to resell an OEM license, which is one associated with an installation that was preinstalled by the factory, without transferring the original hardware with it.
The role of the reseller in an Enterprise Agreement, sometimes referred to as the Enterprise Software Advisor, is to facilitate the preparation of the agreements, submit true-up orders to Microsoft on your behalf, manage the contract, and to service your account. Microsoft Office helps your team stay effective and engaged as they work from anywhere. Experience a modern work environment. The license is a legally-binding agreement that determines how you may use that product.
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