I didn't say the "real culprit" was not of any consequence. I said you as the buyer of a forged piece through an auction house has no legal standing to sue the "real culprit". You're confusing right and wrong and legal standing. Lasting when you buy a piece through an auction house, there's is also a limited liability expressed by the auction house in their agreement with you whereby if the auction house returns your money, you have no further recourse. So if you want to sue the consignor or the perpetrator, you may but you have no legal standing to do so and once you are repaid by the auction house, you also have no real damages either. But if you want to engage in this nonsensical semantical discussion, be my guest. FRANC
-----Original Message----- From: Sean Linkenback [mailto:[email protected]] Sent: Tuesday, September 01, 2009 4:52 PM To: 'Franc'; [email protected] Subject: RE: [MOPO] Poster Villains It is their responsibility to the buyer - yes. No one is disputing that, and they have refunded the buyer in every instance. The question asked was should the auction houses sue the consignor of the material? Bruce stated that he would certainly sue a consignor who had inadvertently acquired one of the fakes. My statement was that it would be better to work with the consignor to go after the originators of the fakes. But I am glad that you don't feel that the real culprit is of any consequence and "ridiculous". Thankfully, some other people feel it is important to find this information out and put a stop to the person(s) and their actions. _____ From: Franc [mailto:[email protected]] Sent: Tuesday, September 01, 2009 4:44 PM To: 'Sean Linkenback'; [email protected] Subject: RE: [MOPO] Poster Villains My point is it is the ultimate responsibility of the Auction House and all this touchy feelie nonsense about villians and who is the real culprit is ridiculous and you are perpetuating this nonsensical conversation! FRANC -----Original Message----- From: Sean Linkenback [mailto:[email protected]] Sent: Tuesday, September 01, 2009 4:38 PM To: 'Franc'; [email protected] Subject: RE: [MOPO] Poster Villains Ok.but again, since the auction house has refunded entirely what exactly is the point you are trying to make? That they refunded because it is their policy to be responsible if they sell something that turns out to be fake? Great! That's exactly who I want to do business with - someone who takes responsibility for what they sell. _____ From: Franc [mailto:[email protected]] Sent: Tuesday, September 01, 2009 4:31 PM To: 'Sean Linkenback'; [email protected] Subject: RE: [MOPO] Poster Villains The auction house refunded you ENTIRELY (your emphasis) because it was their responsibility to do so given their warranty. Once again, I'll repeat: the auction house is responsible to the buyer by virtue of their warranty. If the auction house had NOT (my emphasis) returned your purchase price then you as the buyer would have the legal recouse to sue the auction house, not the consignor to whom you have no legal relationship. FRANC -----Original Message----- From: Sean Linkenback [mailto:[email protected]] Sent: Tuesday, September 01, 2009 4:24 PM To: 'Franc'; [email protected] Subject: RE: [MOPO] Poster Villains And as Stephen and myself have noted - they refunded us ENTIRELY. So what is your point of contention? _____ From: MoPo List [mailto:[email protected]] On Behalf Of Franc Sent: Tuesday, September 01, 2009 4:15 PM To: [email protected] Subject: Re: [MOPO] Poster Villains I just decided to take a look at the "limited Warranty" provided by one the big auction houses. It clearly reads that the auction house " warrants for a period of 6 years that any article described in UPPER CASE TYPE which is unqualifiedly stated to be the work of a named author or authorship, is authentic and not counterfeit." In other words the auction house is responsible for this warranty. Villian or not, the auction is clearly responsible for returning the full cost of the salet to the buyer by virtue of this warranty. FRANC -----Original Message----- From: MoPo List [mailto:[email protected]] On Behalf Of Richard Halegua Comic Art Sent: Tuesday, September 01, 2009 4:07 PM To: [email protected] Subject: Re: [MOPO] Poster Villains Kudos to Steve At 01:01 PM 9/1/2009, Stephen Fishler wrote: Clearly, there are villains here who decided to CREATE some very valuable posters in order to line their pockets. Having said that, let's not work overtime in order point the finger of blame where it clearly does not belong. There auction houses that may have sold fakes have acted responsibility here. They are not the enemy. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
