There is no law against buying fake purses, so why does ECF not allow clones?

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UntamedRose

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Other third party selling sites like ebay vape trader ...also wont allow true counterfeits, under their trademark ruling. They will pull it right away, just takes the owner of the "trademark" (in quotes as it rarely a true legally registered trademark) to contact them and complain.

Just look at the Skeleton key...maker has been having every listing pulled including completely shutting down whole FB groups trying to organize a bulk buy. Had to go under ground :facepalm: Markus(?) think thats it has been threatening to sue any reseller who touches those clones and TBH I'm a bit surprised he's been the first I have seen to really throw his weight around on the issue. Perhaps cause they literally copied his signature on this one.

I agree with ECF's policy to stay the heck out of the counterfeits, they dont need the legal issues.
 

Sirius

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Its a hypocritical rule. I expect the leading forum for e-cigs to hold themselves to the same standards in which this industry is wanting ANTZ to hold themselves to..

We don't want the FDA to restrict e-cigs because of some personal vendetta against nicotine.
I don't want ECF to restrict clones because of some personal vendetta against "the theft of other's hard work and innovation"

The consumer purchase of a clone is not illegal and therefore should not be restricted by this site. Its not that I have an affection for clones... I have an affection for a well made product at a reasonable price. The greed of American companies seem to think the correct philosophy to a successful business is to control demand by limiting supply and jacking the prices. That in itself, is unethical. I wont give my business to companies who fail to understand that consumers should dictate the market, and to find an equilibrium point. This is why foreign competition is winning.

Because of the personal views of admin, this forum, consisting of hundreds of thousands of members are missing out on the opportunity to participate in cooperative operations in which we could get some of the most well made functioning products at unbelievable bulk discounted rates.

Anyone know of a good forum that does co-ops for clones?

Brother there is so much wrong with this post Idk where to start. You are a dood right Zack? Just ckn cause of the purse buying thing. jkn ;)
Look I don't agree with all the rules on this forum or even the sometimes over moderation, but on the sale of rip-offs from the lucky bag shop on the classies I do agree with, It can't be compared to ANTZ either because ANTZ are people trying to force their moral issue that all tobacco is bad and should be eradicated in any form.
EC's unfortunately now fall into the tobacco products line and ANTZ both political and in the wild are our biggest enemies.

There is a lucky bag shop thread somewhere, look for FastTech anything, and someone there may can point you in the direction of where you can swap and trade but dood..those rip-offs can be dangerous! I know I got a few of 'um when I first started vaping and although cheap, by the time you find one that actually functions well ya could have bought authentic for what you spent.

On the legality of it all I can say that the makers of the King mech mod did sue the lucky bag shop for infringement on their product and that several shipments of counterfeits from China have been seized and destroyed as discussed on reddit:
http://www.reddit.com/r/electronic_...stoms_intercepts_and_destroys_large_batch_of/

ETA
Also..with rip-offs there's always the danger of Vape Blast!
viannen_113.gif
Inside joke..lol :D
 
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AndriaD

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calling it a clone doesn't mean its ok to make a an exact replica of Bob's vapo-mister x100 and,
market it as a Bob's vapo-mister x100 clone.

I think this is why the "clone" mech that I own is going by the name "Fallen Angel" in a lot of places; it was originally called the "EA Mod clone", but as the EA Mod has changed in appearance, the Fallen Angel has ceased being a 1:1 clone; it's *similar* but no longer an exact lookalike, and from the reviews I viewed before I bought it, The Fallen Angel is actually somewhat better-made than the original Electric Angel.

I think now it's more a case of the Electric Angel being an inspiration, than the Fallen Angel being a clone or lookalike. It's kinda funny because I think I've read somewhere that the Electric Angel was itself a clone, of a GG device. :)

Andria
 

Zach904

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Their house their rules.
That decision is to protect themselves from potential legal ramifications.
I don't really understand why anyone would to buy of sell a used clone either as new clones are 10 a penny. :confused:

Exactly! We are missing out on opportunities to get well functioning clones at a fraction of the retail cost, and we would not be doing anything wrong.

"Look I don't agree with all the rules on this forum or even the sometimes over moderation, but on the sale of rip-offs from the lucky bag shop on the classies I do agree with, It can't be compared to ANTZ either because ANTZ are people trying to force their moral issue that all tobacco is bad and should be eradicated in any form. EC's unfortunately now fall into the tobacco products line and ANTZ both political and in the wild are our biggest enemies."
^ You say ANTZ are trying to force a moral issue, which is exactly what ECF is trying to do, so the comparison is a very valid one. They are not enforcing a rule due to law, but rather personal view.
 

Zach904

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Someone said something like its to protect ECF business somewhere on this post but I couldn't find it.

ECF is not running a business. The classifieds are not setup like a business. ECF dose not pay taxes. If you get screwed on the classifieds you get screwed. ECF in no way is going to give you your money back.

A real business such as Amazon and eBay protects you. Amazon makes all sellers have at least a 30 day return policy and anything can be returned in that 30 days no matter the reason. Also Amazon will protect you if you never get your item, your item is fake, etc.

eBay does the same thing minus the return policy is not mandatory.

Also ECF does not profit in anyway with the classifieds so its not a business.

Bingo! This is just a forum.
 

Zach904

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Incorrect. It can still be considered a counterfeit without a logo, if it's visually the same as a unique mod. The Hana Box Clones are a perfect example. Most don't have a logo, but it's clearly a counterfeit due to the design and they aren't allowed here. The slug mod clone fits into that same category. ECF has taken the stance that direct counterfeits aren't allowed. Doesn't seem like a big deal to me.

Do you think a Gucci handbag forum would allow for counterfeits to be sold on their site? No.

Of course a company would not sell knockoffs from another company on their website. Are you implying that ECF has a vested interest in some of the authentic clone companies? If not, this is a poor comparison. This is a ecig forum that discusses ecigs in a broad format, there are even dedicated threads to address the clone market.
 
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xpl0it

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If the issue bothers you that much take your business to another forum. When you enter another persons place of business or home you are expected to abide by their rules. You don't necessarily have to believe in them or even agree with them. You do however have to respect them or decide to take your business elsewhere. ;)
 

Maurice Pudlo

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Its a hypocritical rule. I expect the leading forum for e-cigs to hold themselves to the same standards in which this industry is wanting ANTZ to hold themselves to..

We don't want the FDA to restrict e-cigs because of some personal vendetta against nicotine.
I don't want ECF to restrict clones because of some personal vendetta against "the theft of other's hard work and innovation"

The consumer purchase of a clone is not illegal and therefore should not be restricted by this site. Its not that I have an affection for clones... I have an affection for a well made product at a reasonable price. The greed of American companies seem to think the correct philosophy to a successful business is to control demand by limiting supply and jacking the prices. That in itself, is unethical. I wont give my business to companies who fail to understand that consumers should dictate the market, and to find an equilibrium point. This is why foreign competition is winning.

Because of the personal views of admin, this forum, consisting of hundreds of thousands of members are missing out on the opportunity to participate in cooperative operations in which we could get some of the most well made functioning products at unbelievable bulk discounted rates.

Anyone know of a good forum that does co-ops for clones?

So you support theft of intellectual property so long as it is done in a manner that takes advantage of the high cost of legally seeking protection from a government.

In my book, theft is theft, I don't need a law to tell me its wrong to steal.

I mentioned at some point the cost of seeking patents, its around $20,000 here in the states, and a US patent only protects you in the US. Assuming somewhat similar costs in every country, seeking patent protection would cost many millions of dollars.

Couple this with the size of the market and you have just added something north of $300 to the cost of each and every patented bit of vape gear you could own.

If we tack on the current price of authentic mods to that $300 your looking at a range of $350-$30,300 for authentic mods and atties.

No modder in the world has recouped enough money to even begin to get world wide patent protection.

Even going on the assumption that they would, that has never stopped clones from existing. Or people from buying them.

Buying a clone is taking unfair advantage of someone without the wherewithal to protect themselves. Its having sex with a passed out girl at a party, its taking candy from a child, its plain old wrong any way you slice it.

There is no justification for taking advantage of someone simply because you can get away with it.

Sure modders could just not produce mods, and girls could just not attend parties, and kids could just stick by dad, but they shouldn't have to modify their lives to gain protection from the lowest of the low.

People who clone are thieves, people who support cloners are too, I don't particularly care if you find a way to do so that slips past the legal wording of theft, a thief is a thief.

Maurice
 

Panorama911

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I would say that in order to determine a clone from a knockoff is rather difficult and time consuming with all the products available. That said, there are products that would render no legal ramifications if sold on ECF but in that same breath, there are products that could result in legal ramifications. ECF does not have the resources or the ability to go through every product to determine legality so to stay on the safe(legal) side ECF most likely decided that any sale of such products, legal or otherwise are not to be sold or traded on ECF. It is just a broad cautionary rule to remove itself from any legal action for any reason.

Whether one likes it or not, sometimes rules need to be in place just to CYA.:D
 

Sirius

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"Look I don't agree with all the rules on this forum or even the sometimes over moderation, but on the sale of rip-offs from the lucky bag shop on the classies I do agree with, It can't be compared to ANTZ either because ANTZ are people trying to force their moral issue that all tobacco is bad and should be eradicated in any form. EC's unfortunately now fall into the tobacco products line and ANTZ both political and in the wild are our biggest enemies."

^ You say ANTZ are trying to force a moral issue, which is exactly what ECF is trying to do, so the comparison is a very valid one. They are not enforcing a rule due to law, but rather personal view.

ECF isn't pushing a moral issue bro. Most of us here do however feel that ANTZ causing trouble for the business in the EC world would cause many to stop vaping and go back to smoking cigs though. I've never seen where royalgate ( Forum Manager ) or any of the ECF crew pushed vaping on anyone because they feel they are saving lives. Mostly they take the libertarian view of,"do what you will, it's your choice, but do so with care and knowledge".
Most if not all the people I've had contact with that run the big show just want to help people make the right choices. Even the watchers (moderators)are always trying to point people in the right and safe direction. Some can get over zealous sometimes, but that is human nature.
I at times get that way on the politics of it all. I don't mean to, but I'm sure plenty of people would just rather me keep the politics of it all out of a posting.
That is why I haven't even touched on the Child Labor Laws or lack of where these rip offs are made. ;)

Just use what works for ya bro. Don't get too frustrated and quit the forum due to a few rules. There is plenty to learn here from the veterans.

ETA

If I had it to do all over again I would have stuck to the eGos until I figured out what authentic mod I wanted. That takes time and I freely admit I test drove some rip offs just to see what authentic I wanted and to save money. Come to find out though, a REO can't really be test driven with a rip off because that hasn't been done yet. I hope it never happens either.
I guess it all boils down to how bad it makes you feel when you realize someones hard work and effort has been sold on the cheap. When you are new to something you don't tend to think about these things though. It's human nature really imho.
 
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j0ker

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As stated previously, it is illegal to sell counterfeit merchandise, that would even include a member here selling as well but that isn't really the reason here on ECF, not the main reason anyway. The point is, it is intellectual theft. These people are stealing someone else's ideas and work. It would be just like you investing a large amount of money and time to develop something, you price the item for $50 to recoupe the time an money invested, only to have a counterfeiter come in offering a copy of that item for $10. I would hope this would enrage you!

Our stance on counterfeits is to not promote them in anyway through our private sales section, namely the Classifieds and CO-OPs. Our rule is to discourage and to not promote counterfeit products. A side effect of this rule also helps prevent members from being scammed into buying a counterfeit when posted as authentic.

As to the comment saying we think clones are counterfeits, well that makes no sense at all. If this were true why do we allow clones but prohibit counterfeits? I've tried to explain the difference till I am blue in the face and I just won't do it anymore, mainly because some people just don't seem to grasp the concept. One thing I will say is, just because they say its a clone doesn't mean its not counterfeit.

To summarize, counterfeiting is theft and we will not allow it. You don't have to agree but you do have to abide. Sorry that sounds harsh but it's just the way it is.
 

twgbonehead

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If the mod maker's don't take the necessary legal steps to patent or copyright anything, then that's they're fault. If buying a clone (not counterfeit, it's not being sold as the real thing) makes me a thief, then just call me Clyde ;)

Mod-makers cannot copyright a mod. Copyright is reserved for things which are PRIMARILY artistic works (images, books, movies, paintings, etc). It cannot be applied to items which are primarily functional in nature (although you could copyright an image that you put on a mod).

They could possibly patent one, but it would be very difficult since a patent needs to describe something fundamentally new, and there is way too much prior art out there. They might be able to get a design patent, but those are completely worthless.

The issue is a trademark. That is the protection mod-makers can use. Their literature (i.e. the user manual or packaging) needs to say something like "Nemesis and the Nemesis curly logo are trademarks of the Nemesis corporation". And the trademark needs to be registered.


Some things you might not expect can be trademarks. The shape of the old coca-cola bottle was trademarked (as are the names Coke, Coca-Cola, and the lettering of "Coke" on a coke can.)
 

ej1024

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Call it theft,terrorism whatever!!!!
You all bought clone .... in ur life... The clone are just a copy they are not the exact thing and not price the same way.. If u have the money then buy authentic, if ur broke like me,,I willmake sure my $100 will go a long way, manufacturers should lower the prices and help me out... Can't afford 289 the boss mod by cartel mod,, that's way over price...peace
Sent from my
LUMIA 1520
 
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