Probably why they falsely marked them as refurbished. By the way there is no such thing as a refurbished Apple laptop battery. There are no replaceable parts in them. They arenâ(TM)t some cheap dell made from generic cells.
A CBP spokesperson told Motherboard in an email: “CBP officers and trade specialists detained the shipment and submitted samples to CBP’s Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE), the agency’s trade experts, who determined the batteries to be counterfeit."
Stop blaming Apple. Third party replacement batteries are readily available from reputable sellers. This guy decided to save a few bucks and screw his customers by buying iffy products from China. They were fakes. Apple doesn't give a damn about $1000 worth of old batteries it doesn't sell anyways.
note there is no actionable claim here the buyer has not been damaged. His only claim would against the seller.
Products don't have rights. They can be assumed counterfeit until proven genuine. That's actually how international shipping works. The paperwork is required.
Problem is they were marked as OEM Apple batteries. if there not that illegal. If you bought a new ford alternator and later found out it was a refurbished used unit you would be pissed because you would have been defrauded.
Apple did not file a complaint. That would be public record and impossible to cover up. And if you think the largest publicly traded company in the world is worried about 20 batteries they don't even sell your an idiot. And yes contracts do work that way. A manufacturer only has licence to use Apple's logo on the products it sells to Apple. Manufacturing overruns happen all the time. And guess what. They remove the logos and sell them to the gray market.
They were physically tested and found to be counterfeit. End of story they are illegal and very likely dangerous. Given the price paid I doubt they used Apple's formulation.
This is one of the most basic concepts in civil law. In any situation you must be able to establish that you suffered some damage that the court can rectify. Note CIVIL LAW is not the place to punish corporations for bypassing regulations. That is the responsibility of the government under criminal law.
Punitive doesn't matter. you still must establish actual damages to claim punitive damages and those are usually limited to 2 or 3 times the actual damages.
Civil law not criminal law. Civil law seeks to make things whole, that is, to correct the damage. Thus you have to establish there is damage the courts can correct. Criminal law handles punishment.
Junk science and junkier reporting. But its good to know that if i get an E.coli infection i can just add an entire bottle of sweetener to a diet coke to treat it.
In fact quite the opposite CA could muscle the US quite easily with CA's 3 largest ports handling as much container trade as the next 8 American ports combined. and 3 of the 4 largest US companies would no longer be US companies.
if a store sells items from out of state it is not interstate commerce, only the store purchasing the items is. States can certainly regulate the retail sale of those items within the state. This is no different. The Feds could claim control over mobile and sat services but not last mile. Even purchasing from an out of state retailer is now considered in-state if the retailer has any presence in that state.
Those that think SCOTUS will just rule against it are wrong. SCOTUS rulings create precedent. Any such ruling would provide a future democratic administration expanded powers. Its a genie you can't put back in the bottle.
The court doesn't need to concern itself with WIPO. Both parties are under US jurisdiction. a court can force the packers to return the domain or to compensate the owners.
A treaty in and of itself does not automatically create domestic law. In fact many "treaties" have no more authority than a gentleman's agreement. The Geneva Convention is a UN treaty and the courts have ruled it does not overrule state law.
The UN is not a government nor does it operate under any individual governmental authority. it exists solely through the cooperation of its members. While its members may be nations it is not a public organization. It is no different than 6 guys named Bob starting the Bob club.
The interesting factor here is the Packers ARE a public organization wholly owned by the government making this bizarrely an actual Eminent Domain case making WIPOs ruling a violation of the Fifth Amendment since no compensation was made and its use would seem not to be for public benefit.
This is a combination of international law, constitutional law, and intellectual property law. That makes it the most muddied, non-black and white, just depends on how loud you yell argument of all time. And it all means nothing because no one is going to fight it.
Actually not. But then you were just joking, weren't you? As the examples you give have absolutely no relationship to what actually happened.
Actually it's exactly the same. A domain name is a telephone number. If you have a number and the phone company gives it to someone else you can sue for damages.
Slashdot Mirror
I'm curious as to how you debunk something that has a working full scale prototype?
They're not even close to that. They have a mock-up of a capsule and just enough track to store it.
Apple does not use generic cells. They are built in one piece.
Probably why they falsely marked them as refurbished. By the way there is no such thing as a refurbished Apple laptop battery. There are no replaceable parts in them. They arenâ(TM)t some cheap dell made from generic cells.
OWC has no issues importing batteries for 10 year old mac's. because the don't buy knockoffs.
A CBP spokesperson told Motherboard in an email: “CBP officers and trade specialists detained the shipment and submitted samples to CBP’s Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE), the agency’s trade experts, who determined the batteries to be counterfeit."
Stop blaming Apple. Third party replacement batteries are readily available from reputable sellers. This guy decided to save a few bucks and screw his customers by buying iffy products from China. They were fakes. Apple doesn't give a damn about $1000 worth of old batteries it doesn't sell anyways.
because they weren't. they were physically tested and found not to be Apple batteries.
note there is no actionable claim here the buyer has not been damaged. His only claim would against the seller.
Products don't have rights. They can be assumed counterfeit until proven genuine. That's actually how international shipping works. The paperwork is required.
Problem is they were marked as OEM Apple batteries. if there not that illegal. If you bought a new ford alternator and later found out it was a refurbished used unit you would be pissed because you would have been defrauded.
If the parts had Ford OEM markings you could not legally sell the car as you would be committing fraud.
Apple did not file a complaint. That would be public record and impossible to cover up. And if you think the largest publicly traded company in the world is worried about 20 batteries they don't even sell your an idiot.
And yes contracts do work that way. A manufacturer only has licence to use Apple's logo on the products it sells to Apple. Manufacturing overruns happen all the time. And guess what. They remove the logos and sell them to the gray market.
They were physically tested and found to be counterfeit. End of story they are illegal and very likely dangerous. Given the price paid I doubt they used Apple's formulation.
This is one of the most basic concepts in civil law. In any situation you must be able to establish that you suffered some damage that the court can rectify. Note CIVIL LAW is not the place to punish corporations for bypassing regulations. That is the responsibility of the government under criminal law.
Punitive doesn't matter. you still must establish actual damages to claim punitive damages and those are usually limited to 2 or 3 times the actual damages.
No breaking the law is a criminal issue. This is civil court. there must be some damage that can be fixed.
Civil law not criminal law. Civil law seeks to make things whole, that is, to correct the damage. Thus you have to establish there is damage the courts can correct. Criminal law handles punishment.
I'd seek psychiatric help for your imaginary headaches.
Sorry but aspartame sensitivity is proven to be 100% imaginary. It doesn't exist.
Junk science and junkier reporting. But its good to know that if i get an E.coli infection i can just add an entire bottle of sweetener to a diet coke to treat it.
So I guess i should avoid food with 5 times the legal limit of saccharin?
In fact quite the opposite CA could muscle the US quite easily with CA's 3 largest ports handling as much container trade as the next 8 American ports combined. and 3 of the 4 largest US companies would no longer be US companies.
if a store sells items from out of state it is not interstate commerce, only the store purchasing the items is. States can certainly regulate the retail sale of those items within the state. This is no different. The Feds could claim control over mobile and sat services but not last mile. Even purchasing from an out of state retailer is now considered in-state if the retailer has any presence in that state.
Those that think SCOTUS will just rule against it are wrong. SCOTUS rulings create precedent. Any such ruling would provide a future democratic administration expanded powers. Its a genie you can't put back in the bottle.
The supremacy clause is still limited to the powers granted by the constitution. Interstate commerce to the feds yes... in-state no.
The court doesn't need to concern itself with WIPO. Both parties are under US jurisdiction. a court can force the packers to return the domain or to compensate the owners.
A treaty in and of itself does not automatically create domestic law. In fact many "treaties" have no more authority than a gentleman's agreement. The Geneva Convention is a UN treaty and the courts have ruled it does not overrule state law.
The UN is not a government nor does it operate under any individual governmental authority. it exists solely through the cooperation of its members. While its members may be nations it is not a public organization. It is no different than 6 guys named Bob starting the Bob club.
The interesting factor here is the Packers ARE a public organization wholly owned by the government making this bizarrely an actual Eminent Domain case making WIPOs ruling a violation of the Fifth Amendment since no compensation was made and its use would seem not to be for public benefit.
This is a combination of international law, constitutional law, and intellectual property law. That makes it the most muddied, non-black and white, just depends on how loud you yell argument of all time. And it all means nothing because no one is going to fight it.
WIPO isn't a treaty. its simply organized under one. and all the parties are under US law. Courts can and have reversed WIPO decisions.
Actually not. But then you were just joking, weren't you? As the examples you give have absolutely no relationship to what actually happened.
Actually it's exactly the same. A domain name is a telephone number. If you have a number and the phone company gives it to someone else you can sue for damages.