I had a classifieds topic closed by a moderator several weeks ago. It was for "clone" items. I PM'd the moderator, twice, about it and haven't heard back (this was from 4/18).
In those PM's I wrote a nice detailed letter explaining how I clearly stated which items were authentic, and how anything I listed as being bought from FastTech I did an internet search on to make sure I wasn't (by accident) listing a prohibited clone item.
...so what should I do? Can you please give me some clarification on the rules (so I don't make this mistake again)? The rules say:
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Counterfeit products will not be allowed to be sold on ECF, no matter if the item is described as such or not (see definitions below). Items being sold should never be misrepresented, for example listing a counterfeit product as the authentic product. Members found knowingly misrepresenting a cloned device as authentic WILL lose their Verified Member status and may risk being banned from ECF. Ads found listing a counterfeit product will be closed and member advised of violation.
Unacceptable
Counterfeit - Counterfeits will basically be an exact replica of the original and not so much tied to the shape as it is more the markings. The shape would come into play if there are unique characteristics of the device. This can include grooves, cutouts, coloring, or trademarks in specific locations.
Acceptable
Clone - Can be similar in size, shape, and even design but will not contain the same markings or colors. As long as the device can be distinguished as different from the original, not just by the word clone, it will be considered a clone. Just by declaring a device a clone in it's title or description will not necessarily make it a clone. The clone device should be absent of all characteristics contained in the original, grooves, cutouts, coloring, or trademarks.
**As long as the device can be distinguished as different from the original, not just by the word clone, it will be considered a clone.
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So here's what confuses me:
Just looking through the classifieds there's tons of clones listed all over the place. Those items most definitely have the same "grooves, cutouts, coloring" as the original item, which is against the rules, yet those items seem to be allowed in the classifieds. I know the mods can't catch all the violators (if they're even in violation), but with them being as prolific as they are I can't help but believe this practice is OK. - that's why I would like some clarification of the rules.
When we delve further into the rules, all of those clones have the same shape as the original, which is most definitely a "unique characteristic" of the device…which is also listed as being against the rules...
Even under the "acceptable" part of the rule for clones, it says the clone "should be absent of all characteristics contained in the original, grooves, cutouts, coloring". But how would a clone item not have the same cutouts/grooves when how they're made (the manufacturing processes itself) has to be done that way to make the item work in the same way as the original? And furthermore, how would an item not be made out of the same color material, when that material is the most popular one out there for things like this which hold e-liquid or a battery (i.e. stainless steel/silver-color)?
Hopefully I'm making sense in the above (I've re-written it like 5 times now!), and also hope I'm not coming across as being confrontational (which isn't my intention at all), but I do hope I'm giving you a glance into my train of thought, and how these rules don't really clarify what is and isn't allowed very well.
...this is also personally making me scared of listing anything else in the classifieds, especially when I plan on being a vaper for years and years. If I get another warning that could make me lose my ability to use the classifieds section of this forum, and it would be a sin if on such a friendly site like this I'm scared to use the forum to its full potential.