Replica Policy

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That is simply not true in the USA.

It actually *is* true.

You’re understandably confusing laws against the import of counterfeit goods (nominally true), given that the U.S. Customs website you link is using intentionally vague language when it states “it is illegal to purchase counterfeit goods,” but meaning only that, to customs, the international import for purposes of “trafficking” is illegal. (Even then, that’s not quite clear in cases absent any intent to distribute, and essentially unenforced for any private purchaser absent intent to distribute, but nevermind.)

Setting aside the above customs flourish regarding “trafficking”, there are no laws in the U.S. that prohibit the purchase of counterfeit goods (absent an intent to distribute/traffic).

My point is that it is not so easy to use words where the common and legal meanings may be totally different. I prefer to let the courts determine those definitions.
gatorcpa

For what it’s worth, I took your earlier statement to be essentially “I don’t care for anyone to discuss whatsoever what’s moral or tasteful, and instead reduce my decision down to whether it’s legal, full stop” - and that to me is fine and an at least internally consistent view with which I have no input.

I was instead taking issue with something altogether different, and that is the suggestion often see that somehow the legality is proof that something is moral or tasteful.

And, *to that,* I point out that purchasing counterfeits is legal, just as it’s legal use your kitchen as your bathroom, or (if you’re not yourself married) to sleep with your best friend’s wife.

It’s funny, usually people are complaining about how laws themselves are immoral - as we near April.
 
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It actually *is* true.
And, *to that,* I point out that purchasing counterfeits is legal, just as it’s legal use your kitchen as your bathroom, or (if you’re not yourself married) to sleep with your best friend’s wife.

Sadly, your caveat is incorrect, at least in the US. It's not illegal to sleep with your best friend's wife even if you are married. We've legalized immorality across the board, and the fight to continue pushing the envelope continues. California just lowered the age of consent in the past few years, and that push continues in other states.

If you live somewhere that still criminalizes consensual sex between adults who are not married to each other, then I apologize for the correction.
 
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Sadly, your caveat is incorrect, at least in the US. It's not illegal to sleep with your best friend's wife even if you are married. We've legalized immorality across the board, and the fight to continue pushing the envelope continues. California just lowered the age of consent in the past few years, and that push continues in other states.

If you live somewhere that still criminalizes consensual sex between adults who are not married to each other, then I apologize for the correction.

lots of legal eagles today! 😁

It is not illegal where I live in Texas, but it is illegal in ~21 other states to commit adultery as the married party (I do not know of any state where an unmarried party to adultery is liable, but…)

Weather or how much it’s enforced in any of those states I do not know, and do not plan to find out.
 
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I think though that your experience of "artists and designers" who are struggling financially being harmed doesn't translate well to what is being discussed here

And if the designers I’m discussing find success making modern couches that sell for $50,000, but are copied en
mass in China and sold for $5000?

I know a lot of kids these days ascribe to some view that the more wealthy a company the more morally justified it is to steal from that company. I personally ascribe to a rather do unto others type of morality, that focuses on the act rather than some other qualitative status of the person or entity being acted upon.

If a company makes a watch that looks like one another company hasn't made for 50 years, and that doesn't eat into the sales of the originating company, and is not illegal, then what exactly is the harm?

Being very quick and dirty and not getting *too* into it, and limiting to top 3:

(1) your reasoning above also applies to counterfeits (save for the circular reasoning reference to “is not illegal” which is more a misunderstanding of from where laws derive limits of practicality)

(2) see the U.S. customs website linked by gator, which summarizes in rather cartoon terms the commercial and moral problems with counterfeits, which in a matter of degree all also apply to knock-offs

(3) substantive slippery-slope problems with the stated view

and others…

It’s very easy for a person to rationally find “harm” in it, which isn’t to say that you must agree with me but only that I need not agree with you.

Like I said at top, that matter or subjective moral/taste principles is - to me - a different and more empathetic discussion that the otherwise definitional or logical problems rife in the discussion (e.g., “homage,” legality = morality, or “arguments by exception”)
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And if the designers I’m discussing find success making modern couches that sell for $50,000, but are copied en mass in China and sold for $5000?

Without context it's impossible to say what this is actually trying to say...is there a design patent, or copyright of some kind that is being violated?

I know a lot of kids these days describe to some view that the more wealthy a company the more morally justified it is to steal from that company. I personally ascribe to a rather do unto others type of morality, that focuses on the act rather than some other qualitative status of the person or entity being acted upon.

I tend to look at it as do unto others as well. What Rolex does as a business is hardly, shall I say it, charitable? Karma is a bitch I guess.

(1) your reasoning above also applies to counterfeits (save for the circular reasoning reference to “is not illegal” which is more a misunderstanding of from where laws derive limits of practicality)

So "homage" watches are really illegal, but since it would be too difficult to enforce those laws, the authorities have decided just to let it slide?

It’s very easy for a person to rationally find “harm” in it, which isn’t to say that you must agree with me but only that I need not agree with you.

Yes, as we do every time this comes up, we will agree to disagree.

You have effectively staked out your moral ground and signaled your virtues - I think with all the threads you have participated in, and the one very cringeworthy one you created on this subject, we all pretty much know where you stand. For a subject you are happy is not discussed here much, you do write a lot about it. 😉
 
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Sadly, your caveat is incorrect, at least in the US. It's not illegal to sleep with your best friend's wife even if you are married. We've legalized immorality across the board, and the fight to continue pushing the envelope continues. California just lowered the age of consent in the past few years, and that push continues in other states.

If you live somewhere that still criminalizes consensual sex between adults who are not married to each other, then I apologize for the correction.

CA did not lower the age of consent it’s 18… it’s been 18. The difference was Judges allowed for discretion for people of similar age. Ie an 18 year old in a relationship with a 17 year ild. In the past this only covered straight relationships, and LGB relations did not allow for discretion and automatically triggered sex offender laws. That is the change. CA just fixed an oversight and compared to other states has one of the higher ages of consent.
 
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CA did not lower the age of consent it’s 18… it’s been 18. The difference was Judges allowed for discretion for people of similar age. Ie an 18 year old in a relationship with a 17 year ild. In the past this only covered straight relationships, and LGB relations did not allow for discretion and automatically triggered sex offender laws. That is the change. CA just fixed an oversight and compared to other states has one of the higher ages of consent.
Didn't mean to split hairs... the CA law effectively allows child predators 24 years old or younger, of whatever rainbow sexuality, to engage with children as young as 14 in the state by granting judges discretion. Given that California judges aren't, on average, know for harsh prosecution of sex offenses, it's a distinction without much of a difference.

But you are indeed technically correct. California didn't lower their age of consent by statute.

@cvalue13 - thanks for the correction. I should have been clearer to make a distinction between things that are technically illegal but never prosecuted and things that are actually illegal and prosecuted. With the the 100's of thousands of divorce cases filed in the country with "adultery" listed as grounds, and none/virtually none of these people getting prosecuted criminally, I think it's safe to say that adultery laws are very rarely enforced.
 
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Didn't mean to split hairs... the CA law effectively allows child predators 24 years old or younger, of whatever rainbow sexuality, to engage with children as young as 14 in the state by granting judges discretion. Given that California judges aren't, on average, know for harsh prosecution of sex offenses, it's a distinction without much of a difference.

But you are indeed technically correct. California didn't lower their age of consent by statute.

@cvalue13 - thanks for the correction. I should have been clearer to make a distinction between things that are technically illegal but never prosecuted and things that are actually illegal and prosecuted. With the the 100's of thousands of divorce cases filed in the country with "adultery" listed as grounds, and none/virtually none of these people getting prosecuted criminally, I think it's safe to say that adultery laws are very rarely enforced.
Yes you picked an edge case that no judge would permit. Thanks! No judge would permit 19 with a 14 year old hence why the law was written to have discretion. The 10 year period that does not force automatic penalties is for the other side 17 and 26 etc. Even then it would be outside the norm for a judge to not trigger the penalties.

if you want to be angry look at the states where it is 16 and even 14… Or states that have no mandatory triggers and always allow discretion.

many point is not to get into the weeds on this side issue. It’s just I see a lot of BS narrative about CA in certain media that doesn’t take facts into account or is highly selective in the facts presented.

Example CA has more strict then most states laws on the age of consent, and under 18 abortions.

the narrative that is pushed often is CA is a failed state due to x… homelessness, tax rate, slight population drop etc. well CA has the highest GDP per capita in the US, a housing market that is still going up, the lowest hit to gdp during Covid even with its large tourism industry. CA has the largest budget surplus per capita in the US while most states are in the red. Quality of life and life expectancy are some of the highest in the nation. By any combination of metrics CA is one of the most successful states in the US, and taken individually would rank as one of the top countries in the world. Yet there is a constant barrage of how bad CA is while those of us that live here don’t see it. And those that complain and say it’s so bad oddly refuse to move anywhere else for the most part lol.
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This is a very interesting thread, I recently purchased a Zenith Chronomaster Sport with a white dial and wonder what people feel the category this falls under ?

I purchased it because I genuinely prefer it to the Daytona and although I have the means to purchase a grey market Daytona I would never do it. Am I wearing a homage or a watch that happens to look like another brands watch with a different function...
 
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This is a very interesting thread, I recently purchased a Zenith Chronomaster Sport with a white dial and wonder what people feel the category this falls under ?

I purchased it because I genuinely prefer it to the Daytona and although I have the means to purchase a grey market Daytona I wound never do it. Am I wearing a homage or a watch that happens to look like another brands watch with a different function...
I’m in the camp that a Daytona is a wannabe Zenith ::stirthepot::
 
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I’m in the camp that a Daytona is a wannabe Zenith ::stirthepot::
I will bring my sleeping bag and marshmallows.
 
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I happened to see this today on FB marketplace. Don’t know where else to post it but this seems relevant enough.

Is that the one with the engraving of the "Lady bits" on the case back ?
 
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For the record I had nothing to do with the raising of the age of consent topic! 😁

Without context it's impossible to say what this is actually trying to say...is there a design patent, or copyright of some kind that is being violated?

Again, I don’t understand and am pretty uninterested in the instinctive retreat to whether a law is violated as being proof of anything decisive. But maybe that’s because I’m professionally and academically trained in the origins, utility, policy rationales, and failings, of “the law.”

In the rest of your life, the law infrequently provides *the* decisive guide - or any guide whatsoever - for whether you find an act permissible or blameworthy.

(But to answer your question, essentially the same laws apply to furnishings and other products as do watches, in these matters.)

I tend to look at it as do unto others as well. What Rolex does as a business is hardly, shall I say it, charitable? Karma is a bitch I guess.

If “retribution” factors into your value decision in this way, then so be it. I don’t view myself as an agent of karma, but clearly lots of the world enjoys that excuse - just like the kids who think stealing from Amazon is permissible because Bezos is a corporate overlord.

To be fair to you, I don’t think you deep down are motivated by retribution, so much as you’re in this thread merely searching for ways to try and take me down a notch with whatever quips available.

So "homage" watches are really illegal, but since it would be too difficult to enforce those laws, the authorities have decided just to let it slide?

Well, you’re doing some odd equivocation around the word “illegal” there obviously, but setting that oddity aside:

Yes, the body of laws around TM/patent/copyright are informed by a host of considerations that are merely pragmatic in source and limitations. To put it mildly, they are attempting to provide merely certain bumpers to a marketplace, while at the same time anticipating that marketplaces react and adapt to the application of bumpers - so there are choices made about the best of bad grey lines.

These are essentially commercial laws, attempting in the main to achieve certain commercial ends, as best as laws are capable of doing within a marketplace - and by necessity are forced to draw some imperfect distinctions, due to pragmatic considerations, countervailing issues of unintended consequences, etc.

Which is all to say: often “the law” has little to do with what is right or wrong (is a 20% tax more or less wrong that a 21% tax?), and in any event should have little to do with what you find right or wrong (I think you shouldn’t sleep with your best friend’s wife).

Frankly, the retreat into asserting that (especially commercial) laws are in any way informative of laudable behavior is a retreat that only someone without an understanding of “the law” would continue pushing, over and over - unless of course that person were really just looking to @ me in another sort of gaslighting exchange.

You have effectively staked out your moral ground and signaled your virtues - I think with all the threads you have participated in, and the one very cringeworthy one you created on this subject, we all pretty much know where you stand. For a subject you are happy is not discussed here much, you do write a lot about it.

A rather ironic and self-indicting thing to say, given your tireless and perfect record of not only participating in those discussions, but - like this thread - being the one to @ me repetitively to draw me out, while repeating your own contrary views.

To set the record straight: **I entered this thread by explicitly admitting that the underlying moral/taste decision is personal, while instead being interested in a few ancillary (in my view) errors employed when discussing the topic (e.g., the term “homage,” hiding behind “the law” as informative to the matter, and the onslaught of “arguments by exception”).

I didn’t start this thread, but have every right to participate in it.

I didn’t speak to you, but when poked on the shoulder by you am compelled to answer.
 
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Is that the one with the engraving of the "Lady bits" on the case back ?

No idea...this is the first I've ever seen.
 
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I happened to see this today on FB marketplace. Don’t know where else to post it but this seems relevant enough.


Well, that's an interesting one for sure. Trying to copy the 3301 based Speedmasters I guess?
 
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I happened to see this today on FB marketplace. Don’t know where else to post it but this seems relevant enough.

That falls under the "cheap knock off" category in my book. Yuck.
 
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I tend to look at it as do unto others as well. What Rolex does as a business is hardly, shall I say it, charitable? Karma is a bitch I guess.

because they stopped selling you parts?

I'm pretty certain nearly everyone in this forum (at some point) reaped financial reward from owning a Rolex.
Biting the hand that feeds you...no karma there.
but ok
 
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For the record I had nothing to do with the raising of the age of consent topic! 😁

No, not this time. 😀

Again, I don’t understand and am pretty uninterested in the instinctive retreat to whether a law is violated as being proof of anything decisive. But maybe that’s because I’m professionally and academically trained in the origins, utility, policy rationales, and failings, of “the law.”

In the rest of your life, the law infrequently provides *the* decisive guide - or any guide whatsoever - for whether you find an act permissible or blameworthy.

(But to answer your question, essentially the same laws apply to furnishings and other products as do watches, in these matters.)

I'm asking about the circumstance, not if the law applies (unless this is happening in some "lawless" scenario that wasn't explained). It was your question asked to me, so I'm just trying to get enough detail to make an informed judgement, and not make one out of hand.

What is a "copy" in this context? Is it something in the style, or a fake with a name of a company on it that didn't make it? To me there is grey area in all this, so without details it's a question that doesn't move the conversation forward.

If “retribution” factors into your value decision in this way, then so be it. I don’t view myself as an agent of karma, but clearly lots of the world enjoys that excuse - just like the kids who think stealing from Amazon is permissible because Bezos is a corporate overlord.

To be fair to you, I don’t think you deep down are motivated by retribution, so much as you’re in this thread merely searching for ways to try and take me down a notch with whatever quips available.

Well, it was your "do unto others" philosophy that I was commenting on. You are right, I am not motivated by retribution, just pointing out that "do unto others" can go both ways - good and bad. The companies in question certainly have their own issues, so they are not "holier than the pope"...again if they are not concerned about "homage" watches, I'm certainly not going to lose any sleep about them, erven if they are only "legal" because enforcement would be impossible.

Well, you’re doing some odd equivocation around the word “illegal” there obviously, but setting that oddity aside:

Not equivocating - again trying to understand wat you stated is trying to infer.

Which is all to say: often “the law” has little to do with what is right or wrong (is a 20% tax more or less wrong that a 21% tax?), and in any event should have little to do with what you find right or wrong (I think you shouldn’t sleep with your best friend’s wife).

Unless your friend and his wife agree to it, I agree with this. 😉

Yes, of course not all laws are good or "correct" in my view. Companies shouldn't be able to hide their profits in a charitable trust. Companies shouldn't be able to dodge taxes by moving headquarters to Ireland. I could go on - there are plenty of bad laws, on that we can agree.

Frankly, the retreat into asserting that (especially commercial) laws are in any way informative of laudable behavior is a retreat that only someone without an understanding of “the law” would continue pushing, over and over - unless of course that person were really just looking to @ me in another sort of gaslighting exchange.

It's not "retreating" rather it's calling out the "best of bad grey lines" as a place that people here all appear to agree on. From there it's very much an "it depends" thing for many here. Yourself excluded, of course.

A rather ironic and self-indicting thing to say, given your tireless and perfect record of not only participating in those discussions, but - like this thread - being the one to @ me repetitively to draw me out, while repeating your own contrary views.

Nope - I've never said I didn't want these conversations to happen here. I think it's an interesting discussion personally, with a lot of grey area.

Not sure I "drew you out" since you commented in this thread before I did...edit to correct that, I did post first, but it was efauser that you replied to, not me.

Personally for me, I don't own any "homage" watches by most people's standards here - maybe by yours the Watchco SM300 is one, but that's sort of it's own animal. I do however service some, but I draw the line at a fake (not as defined by Rolex, but as defined by normal people). So how people perceive these is something I am interested in from a personal and business standpoint.

I didn’t speak to you, but when poked on the shoulder by you am compelled to answer.

Fair enough.
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because they stopped selling you parts?

I'm pretty certain nearly everyone in this forum (at some point) reaped financial reward from owning a Rolex.
Biting the hand that feeds you...no karma there.
but ok

Rolex has never sold me parts, and I've never asked them to. I service the odd one here or there (parts are out there to buy on the open market), but they are mostly irrelevant to my business. If I never serviced another one it wouldn't impact how I feed myself at all...

They have however acted in a manner that I consider immoral, of not illegal, both with other watchmakers and AD's.

They were fined for violating a consent degree imposed on them by the US government for unfair trade practices, and when they managed to get that decree lifted by making all kinds of promises, they eventually went back on their word. So if you believe they are some squeaky clean company, you don't understand their history at all.