@bankie
This is about an eBay trader that is selling
alleged counterfeit goods of -
3.1 Kickstart for A500/500+/A600/A2000
A 6 disk set of Workbench 3.1
I found the original thread as a fall out on EAB, alas these things do happen, I don't believe for one minute that any foul play by any of the members here, the link to this seller was meant in good faith and in the spirit of the community to help our fellows, I respect the sentiment behind it =).
Unfortunately when investigating the seller, there is plenty of circumstantial evidence to suggest that these items are indeed counterfeit, as such I believe this is enought for me to removed the link. Should you feel inclined my friend you can still search on eBay for "Workbench 3.1" and I am sure you will find the matter of discussion.
AmigaKit has confirmed that only OTP (One Time Programmable) programmable chips have been used officially and that was by Villagetronic in 1994. This means that anyone selling Kickstarts on UV-EPROM as originals are either misinformed as to their illegitimate origins or trying to pass on counterfeit goods.
The Workbench disk set is also a point of contention as not only has the seller been purchasing Disk labels and UV-EPROM's. While Workbench came on a variety of Disk colours, there are specific colours associated with specific labels, as such the labels are incorrect with the disk colour as
Amiga Technologies labels were not released on white disks.
@Fitzsteve
My friend there is no one blame here, these types of thread happen, I am in all truth shocked something like this hasn't happened sooner. It is inevitable, as AmiBay grows and joins the communities tighter together these problems will (and have) become more apparent. It is how we as a community deal with these that really matters.
@Harrison
In good conscience we should inform Mike from cloanto, as this does effect his legitimate business in a small way. It would be fair to say that it does to all vendors of legitimate firmware and software.
In this particular case, the matter here is a case of Fraud, as the seller is
allegedly attempting to pass-off goods as legitimate, as such this is criminal matter not a civil one and should be reported to the police.
In Brief
Now, I would like to say there is a lot of conjecture and circumstantial evidence, as such this would require a proper investigation that outside the remit of AmiBay and can only legally be conducted by a police investigator or other investigatory service.
The Sums of money here might be low, at approximately £300 per batch of 20 Kickstart ROM's / Workbench Disk sets, however counterfeiting and fraud are
very serious crimes. I am pretty sure the eBay seller has no idea what criminal prosecution selling counterfeit goods can bring down on them.
From here, a sample of their product should be purchased, the seller should then be queried, from this eBay should be informed and then the police should be informed. As conscientious citizens we can report a suspected fraud, however that is a limit of our involvement as we are not directly effected or are a part of the procurement of these
alleged counterfeit items.
click here on how to report a fraud
As a point of note, for each item sold, it will count as an independent case of fraud, so if the
alleged counterfeit items of the last batch of 20 have all been sold - this will be 20 cases of fraud against the seller.
Fraud is nothing to be shrugged at, as under the Fraud Act 2006, each case can receive up to 10 years of imprisonment - I would say this crap just got serious.
In Contrast
Had an eBay seller just wrote on the disks with ink and stuck a label over a programmable ROM, this would be a case of copyright infringement, which is a civil matter and would need to be taken to civil court by the original rights holder.
While I believe that Mike has a distribution license, I don't believe that Cloanto hold the rights to go-after someone in court... the current rights holder (Amiga.inc) would have the privilege of that court duty.
however as we are a friendly community it wouldn't hurt to inform Cloanto.