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question on legality of changing products and re-selling

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  • 04-10-2005 11:00pm
    #1
    RoyalMarine
    Closed Accounts Posts: 5,824 ✭✭✭


    hey there. ive a quick question to ask.
    if this is in the wrong place, then sorry. im not 100% where it should go...


    im interested in selling something.

    but the problem is im not sure if its legal.


    im taking a product thats on the market at the moment, and combining it with 2 or 3 other products on the market aswell. merging it into 1 multi product.

    will i be allowed to sell it?

    im not calling it my own, and its not moddified from its original intention.
    it still does the same, but only has a different look.

    kinda like modding a computer, or a car or something...


    is this legal? or will i be stopped over some laws?

    thanks for any advice from anyone!


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    #2
    RainyDay
    Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    I think you'll need to explain a bit more, though I understand you won't want to break confidientiality. What is the nature of the original products? Are there any licence restrictions when you purchased the originals?


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    #3
    RoyalMarine
    Closed Accounts Posts: 5,824 ✭✭✭RoyalMarine


    i do need to keep this confindential for at least a few more days untill i have the first few built...


    basically its to do with modding the outside appearance of an xbox and a ps2... but not changing the way they work or what they do...


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    #4
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Apart from breaking patents and trademark infringments, I can see no problems!


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    #5
    0utshined
    Closed Accounts Posts: 1,746 ✭✭✭0utshined


    Wow, a combo PC/XBOX/PS2. That's a pretty good idea, I wouldn't mind one of those.

    Also,
    Bond-007 wrote:
    Apart from breaking patents and trademark infringments, I can see no problems!

    :D


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    #6
    MorningStar
    Closed Accounts Posts: 3,031 ✭✭✭MorningStar


    Bond-007 wrote:
    Apart from breaking patents and trademark infringments, I can see no problems!
    I don't even this would be a problem. If you are saying it is a modified version of something as opposed to a new product. You wouldn't be breaking patent as you would be paying for the product initially would cover licence issues too.
    The only problem comes if you are bipassing something like licence control i.e. selling a modded playstation. That is questionable as they might sue you. You might win a case but it will cost you. Ring the manufacturer and see what they say.


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    #7
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    RoyalMarineComm wrote:
    i do need to keep this confindential for at least a few more days untill i have the first few built...


    basically its to do with modding the outside appearance of an xbox and a ps2... but not changing the way they work or what they do...

    I can almost guarantee that you will have problems with the OEMs if you modify or combine or modify their products. These are major brands in a competitive market and I doubt will tolerate their products being interfered with. Furthermore if you take a product and modify it and then sell it you become the MANUFACTURER. This means you will be liable for all warranty and if there is a health and safety issue you will be in the firing line. Make sure you have the correct liability insurance in place!


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    #8
    Capt'n Midnight
    Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 91,682 Mod ✭✭✭✭Capt'n Midnight


    BrianD wrote:
    Furthermore if you take a product and modify it and then sell it you become the MANUFACTURER. This means you will be liable for all warranty and if there is a health and safety issue you will be in the firing line. Make sure you have the correct liability insurance in place!
    Just try getting an insurance quote for the health and safety aspect.

    If it is a box/container that a complete unmodded console can fit in then there should be no problem with the console maker since you haven't broken any warranty seals. (you may be still liable for whatever you fit it in)

    Many paperback books have a condition of sale that they shall not be whatever in any form of binding or cover other than that in which it is published etc. - the consoles may have a clause like that too in the small print..


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    #9
    pH
    Registered Users Posts: 4,188 ✭✭✭pH


    Along with other 'fair use' rights, 'First sale', or 'Exaustion of Rights' is under constant attack by the multinationals.

    Basically we have (or had) the right to modify (and sell) what we legally purchased, patents, trademarks and all. The rights of the trademark owner to control further sale become 'exausted' after first sale.

    Big Companies hate this, Levis doesn't want us to to be able to sew patches on our jeans and resell them, Microsoft wants total control of the XBOX and what you can do with it after you have purchased it. They try to abuse our rights with other tricks - warranties, licensing.

    The end results of this are huge if these rights are eventually scrapped under pressure of the corps, Ford could stop anyone selling a 'modded' focus, DELL could sell PCs that cannot be altered in any way, toner cartridges that cannot be refilled etc.

    This is an important right for consumers and worth fighting for.


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    #10
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    I don't fully agree as the original posters situation is different. He is acting as a reseller of the product after modifying it. I agree that corporations wield sinister power and influence but at the same time I would be annoyed if I spent millions in product development and advertising to find that some one is modifying my product and making money on it. There's also the possibilty that it could be badly modified causing damage to my business. There is also the warranty and liability issues that need to be assessed before he should consider before proceding.


    I recall that years ago that somebody modified a VW Beetle in dublin by adding a Rolls-Royce grill onto it. RR went berserk and ordered him to cease and desist. Not sure what happened to the car.


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    #11
    secret_squirrel
    Closed Accounts Posts: 3,357 ✭✭✭secret_squirrel


    You may be going about this the wrong way - instead of modding the products yourself - can you not sell a kit to mod the products? Smaller margin and market but less legal niceities to be observed.


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    #12
    Capt'n Midnight
    Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 91,682 Mod ✭✭✭✭Capt'n Midnight


    If you mod it then you will have to provide warranty on the original product, will your margin cover this ?

    In addition to the liability insurance can you afford to get the product tested to get a CE marking ?

    If removing the original cover you are probably breaking FCC regulations and the equilivant EU regulations on Electromagnetic interference..

    If you had some clip on plastic things to modify the appearance of the unit then perhaps you could become a multimillionare or more likely they would appear in the pound shop after a few months.


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