Enrico Weigelt <[EMAIL PROTECTED]> wrote:

> > You first need to check whether you may sue someone at all if you are 
> > not the "Verbraucherzentrale". 
>
> Well, depends on from which side you want to attack:
> a) competition law violation:  you have to be a competitor or represent
>    an reasonably large part of the market to be alled to file a suite. 
> b) they've sold a defective product, and so you're going to hold them
>    responsible for compensation
> c) you see this as an defraud and press criminal charges.

OK, I forgot that you might have contact to a competitor. In this case, it 
should be possible to force shops to clearly separate the selling point for 
non-standard products from the products that behave as expected.


> > What you may do is to forbid mixing these non-CDs with standard compliant 
> > media in the same rack in a shop and you may force the shops to add hints 
> > that "the rack to the left" does not include CDs.
>
> Yep, that would be the shop's resposibility, followed on the consumer
> protection law. Another side is directly attacking the producer.

I am no sure whether you may directly attack the producer, but I would asume 
that you could forbid the producer to advertize these defective products as if 
they were CDs. I expect this will result in some micro-text: "This product is 
not a CD, we thus cannot grant that it is playable in a CD player" on all ads.


Jörg

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