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Ariadeno is offline Ariadeno
2012-10-26 , 18:46
Posts: 102 | Thanked: 248 times | Joined on Jul 2012 @ Eindhoven, Netherlands
#31
Originally Posted by HELLASISGREECE View Post
if you read Nokia's terms of the N950 loan agreement ,you'll realise that Nokia considers it its property.

someone had posted the agreement a while back. It had lots of strict remarks.
According to the property law in european countries, even the device that may not be sold can become a property of the person who buys it, on condition that it is bought from a shop or on ebay or similair websites. So that person DOES become the rightful owner of the device despite the device was illegal to sell. The buyer can now do what he wants with the device. Throw it, keep it, sell it.

The loaner who sold the device has a problem though, he committed a wrongful act by selling Nokia's property. He couldn't get the device back as the buyer is the rightful owner now. He has to pay Nokia compensation, but remember that this situation only occurs if Nokia sues the seller (loaner). We haven't seen any lawsuits like that which could mean that nokia simply isn't bothered by people selling N950's.

There is no need to argue. And to the people here who are causing a fuss about not donating the device to a developer or something like that (though I don't think a decent developer even want an N950 that bad) , why not just handing over €1500 to them yourself if you're that rich. Who are you to insist on doing something like that. It's like giving away $$$ out of the blue.

Ariadeno,
A jurist in the Netherlands
Last edited by Ariadeno; 2012-10-26 at 18:58.
 

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peterleinchen is offline peterleinchen
2012-10-26 , 19:43
Posts: 4,118 | Thanked: 8,901 times | Joined on Aug 2010 @ Ruhrgebiet, Germany
#32
You already made your deal,or?
BUT, you are right.
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Ariadeno is offline Ariadeno
2012-10-26 , 20:23
Posts: 102 | Thanked: 248 times | Joined on Jul 2012 @ Eindhoven, Netherlands
#33
Originally Posted by peterleinchen View Post
You already made your deal,or?
BUT, you are right.
No I'm not the buyer but I'm in the same situation as the OP. I bought an N950 before on ebay, then sold it because I was disappointed. There was more things that pushed mo to sell the device other than the disappointment. Paid a shitload of money, got a shitload of money. Nothing special.

Anyway I did get the same reactions. "donate it to a dev", "give it to someone who can make use of it" "you're not allowed to sell this" "it has NOT FOR SALE written over it." blablabla and now tired of seeing these reactions again.

I have a fair knowledge of law and know exactly what rights are. I agree that it's not right that a loaner is selling a loaned device. But that's his problem. What the buyer does is completely legal and it is perfectly legal to sell this if you bought it. The agreement is not applicable for buyers and for sellers who bought it before. No need for a fuss.
 

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peterleinchen is offline peterleinchen
2012-10-26 , 20:34
Posts: 4,118 | Thanked: 8,901 times | Joined on Aug 2010 @ Ruhrgebiet, Germany
#34
I know ...
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Nad is offline Nad
2012-10-26 , 20:36
Posts: 151 | Thanked: 158 times | Joined on Apr 2012 @ UK
#35
Originally Posted by Ariadeno View Post
According to the property law in european countries, even the device that may not be sold can become a property of the person who buys it, on condition that it is bought from a shop or on ebay or similair websites. So that person DOES become the rightful owner of the device despite the device was illegal to sell. The buyer can now do what he wants with the device. Throw it, keep it, sell it.
Hmm, last I knew, it is an offence to buy goods that are sold unlawfully as such can be recuperated by the police?
 

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Ariadeno is offline Ariadeno
2012-10-26 , 20:50
Posts: 102 | Thanked: 248 times | Joined on Jul 2012 @ Eindhoven, Netherlands
#36
Originally Posted by Nad View Post
Hmm, last I knew, it is an offence to buy goods that are sold unlawfully as such can be recuperated by the police?
Only if you are 100% sure that the seller has stolen it or got it unlawfully or you got it for an amazing low price that you should have known it's unlawful. But there's no way you could know that in a shop like environment as it's sold openly. Similair situation would be buying a stolen bike from a bike shop. You can never imagine that a shopkeeper is selling stolen goods or you don't have to know that according to the law. If the initial rightful owner were to reclaim his bike, he would fail but he could always receive a compensation from the one who stole his bike. But he is not the rightful owner of the bike anymore as the buyer is.

Btw sorry my english sucks, I know. I'm trying to read more books to improve it.
Last edited by Ariadeno; 2012-10-26 at 20:58.
 

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misterc is offline misterc
2012-10-27 , 12:57
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#37
Originally Posted by Ariadeno View Post
Only if you are 100% sure that the seller has stolen it or got it unlawfully or you got it for an amazing low price that you should have known it's unlawful. But there's no way you could know that in a shop like environment as it's sold openly. Similair situation would be buying a stolen bike from a bike shop. You can never imagine that a shopkeeper is selling stolen goods or you don't have to know that according to the law. If the initial rightful owner were to reclaim his bike, he would fail but he could always receive a compensation from the one who stole his bike. But he is not the rightful owner of the bike anymore as the buyer is.

Btw sorry my english sucks, I know. I'm trying to read more books to improve it.
it says "NOT FOR SALES"...
is your English THAT bad?!?
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