Legal Question in Intellectual Property in California
I sold an investing DVD on Ebay, that I purchased myself from Ebay over 2 years ago. I put a picture of the actual item sold and delivered and the buyer is claiming it is an obvious copy. I owned this thing for a couple of years and saw no indication that it was a fake. The buyer is claiming that I committed a criminal act selling a "fake" item even though I did not know, or even suspect was a "fake". Like I mentioned I have a picture of the actual item on the Ebay auction that was sold and shipped , and it is a very clear picture. Can a person be prosecuted for unkowingly selling a "fake"?
2 Answers from Attorneys
No, most crimes require the person to have an intent to commit an illegal act. You did not have that [legally called mens rea]. Did the purchaser keep the DVD without paying you? Is he pullig a scam. What is the obvious proof that it is a copy?
"Knew or should have known" is probably the operative phrase. Prosecutors are having some success with alleging "willful blindness" to establish the requisite knowledge to prosecute for crimes such as receiving stolen goods, etc. Otherwise, I agree with Mr. Shers.
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