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7331Re: The not genuine message

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  • Mark Partous
    May 29, 2006
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      Hello Chris,

      Monday, May 29, 2006, 9:23:03 AM, you wrote:

      CD> If you buy a stolen car – not knowing it to be stolen – but later the
      CD> police or whoever catch up with it, you will find you have lost the car
      CD> and your money and the only recourse is with the person who sold it to you.

      I don't know where you are from, but in most "working" legal systems, this is
      simply NOT true. If the stolen car was sold to someone who, in good faith,
      bought it, he has become the legitimate owner. It is the original owner who
      has to try to recuperate from the thief and/or the fence.

      Without such a construction it would become very hazardous to buy anything at
      all. That (even though in this case it protects the seller)also was the idea
      behind the (no longer existing) system of Eurocheque; cheques accompanied by
      the EC-card were guaranteed to be paid by the bank (max. ± 175 €), even if
      they turned out to be stolen. If this would not have been the case, no merchant,
      right in his mind, would have accepted such a cheque as payment.

      Your comparison is not accurate, since, in this case, it was not the computer
      that was stolen, but the operating system obviously wasn't paid for. Now,
      I wouldn't know where to find the "operating system" of a car? :-)

      Which does not mean I do not understand your point of view. Actually in this
      case, the buyer should have asked for a proof of the legitimacy of the
      software...

      --
      Best Wishes,
      Mark
      using The Bat! 3.80.06
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