MagickalMemories wrote:Don't get me wrong... not everyone would see it as you "pushing it off" on them. Many people are glad to have recast models, provided they know up front that it's a recast.
That said... it is by far a higher moral ground to NOT get rid of it.
Eric
And just so we are clear, from a legal perspective (I do not practice in Federal court, nor am I an intellectual property attorney, and I'm probably not in your state or district - therefore,
please note, the following is not actual legal advice and in no way forms or constitutes an attorney client relationship between myself and anyone reading this - it is merely information and should not be relied upon as legal advice - each person's situation is different, and if you find yourself being prosecuted, facing civil penalties, or are considering your options in a pre-litigation or pre-indictment situation, please seek advice from an attorney who practices in your city and/or state, and federal district. In addition, this is not an advertisement.):
In the United States (and probably Canada, but I don't really know for sure what's happening up there, eh) selling or even TRADING a recast is either a misdemeanor or a felony. Usually a felony, and carries up to 10 years in prison and, if I'm remembering correctly, up to $10,000,000 in fines. The language of the statute is "exchanging for anything of value." In addition, there are no civil remedies if you trade or sell a recast and the person on the other end rips you off - all contracts for illegal goods or services are unenforceable (which is why you couldn't, for instance, sue the estate of Pablo Escobar for the 18 kilos of cocaine you were promised in the '80s but never received (though the statute of limitations would also bar this, and possible jurisdiction issues, but I've been watching Narcos again so I was enamored of this hypo)). Now, the FBI is
probably not going to bother prosecuting someone for less than a few hundred dollars in resold recasts, but I've seen weirder stuff happen! I've seen cops try to get someone to do six months of probation for having a single joint on them, first time offense, and I've seen the US Attorney's prosecuting people for staying too long at a campground because the Ranger was really upset about it. So... better safe than sorry.
In addition, knowingly BUYING a recast is illegal. I forget the penalty,
but... the FBI has made clear they will not be prosecuting those who break this law (knowingly buying knockoffs or other copyright/trademarked goods - which covers things like knockoff watches and designer bags and if I remember correctly illegally copied videos and music as well - though that might be a similar but different law). It just isn't worth it for them to prosecute the literally hundreds of millions of people guilty of this crime in the country (every time you watch a recording on your DVR and then don't immediately delete it afterwards you've broken this law or one substantially like it - not kidding) and if they don't go after some of the small fish and not just the biggest ones (who have say, a million bucks worth of counterfeit stuff in their house) they open themselves to claims of selective prosecution as well as make themselves super unpopular with, like, tons of people. Also, where are you going to find a jury who won't nullify this - or fail to believe a claim that the buyer didn't know he was buying a counterfeit. That said, still probably safer not to knowingly buy a recast as they could theoretically change their minds at any second.
Example: I once bought a dreadnought off ebay, was a little worried I might be getting a recast because the pics were a little blurry and the cost was super good. On the other hand, there were literally hundreds of reasons that it could have had blurry pics and a low price (bad camera, bad light and someone who needed money badly and had to get out of the hobby, for instance - or maybe someone who got this as a gift and doesn't play, so doesn't know how to price it well). You occasionally see stuff like this on eBay that's low price and legit (I thought it was part of a starter and the seller just wanted to keep the orks or whatever, and get rid of the marines). So... then... when I got it I saw the mold slips and smelled the toxic smell when I took a file to it and realized it definitely was a recast. Now... not only would the FBI almost certainly not prosecute me (though I wouldn't be surprised if they leaned on me a little to figure out who sold it to me to go after them), but even if I was prosecuted I could easily beat the charge. But.... once I saw it up close and worked on it and the answer was clear - yup, I'd bought a recast - if I ever sell or trade that thing I'm committing a crime. Again, probably wouldn't be prosecuted, but it's more likely than for buying, so I'd rather just paint it up and use it.
tl'dr: To be legally safe, as well as morally correct (if you think it's immoral to sell recasts - that's a personal choice with good arguments on both sides and largely situational, IMO, but that's a different discussion altogether) then you should never knowingly sell or trade a recast, and probably shouldn't knowingly buy them either.
