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Propeller Head Plaza Technical and scientific discussion of amps, cables and other topics. |
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Propeller Head Plaza Technical and scientific discussion of amps, cables and other topics. |
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In Reply to: RE: The legality of it posted by Bambi B on January 28, 2009 at 10:32:08:
"When you say, "I don't see how there would be any fraud if the vendor makes no claims about the devices' effectiveness but does believe they are a legitimate substitute for other devices on the market that others believe are effective," I believe the vendor of the substitute device would be making the statement that the substitute device is as effective as the other device, which was asserted as being affective."
Well maybe. Lets take the case of the brass screws. I don't think one has to make any assertions one way or another for the effectiveness of brass screws in improving the sound of the cartridge to legally sell them to audiophiles. If there is a "belief" amoung audiophiles that brass screws improve sound then all the vendor really has to do is sell authentic brass screws. It would be hard to argue that the vendor's brass screws at fifty cents is any less effective than the fifty dollar brass screws if the belief is simply that brass screws make a difference.
OTOH, and this is where it gets interesting, if the claim is that rocks or pebbles have some special effect because they are special proprietary pebbles or rocks and someone comes along and sells pebbles or rocks for pennies on the dollar and claims that his pebbles or rocks are just as effective (or ineffective) as the proprietary pebbles or rocks. I think, (I am not a lawyer) that it would be up to the vendor of the proprietary pebbles or rocks to prove his are somehow different. That would make for quite an interesting case. I think one can point to tarot cards here as an analogy. You don't have to believe in tarot cards to manufacture them and sell them legally. From a non-believer's perspective tarot cards are tarot cards regardless of what the maker believes and if there is a market for tarot cards there is no fraud in making and selling tarot cards. It is asserted by believiers (I'm not making this up by the way) that belief is a key ingredient in the effectiveness of tarot cards. Were someone to bring some sort of fraud suit against the maker of tarot cards who is a non-believer, I think the burden of proof that his cards are somehow ineffective and thereby fraudulant while other tarot cards are legit would be on the believers not the maker/non-believer. IOW I think the non-believer producer of tarot cards are within the law in making something they don't believe works.
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Follow Ups
- That could lead to some interesting court cases - Analog Scott 01/28/0911:13:26 01/28/09 (1)
- Good points - Bambi B 12:29:36 01/28/09 (0)
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