Honest to give 'em back... YES... Required by law... NO

First let me start this by saying that I think the RIGHT and HONEST thing to do in the case of receiving something that does not belong to you is to return it.

It has been rumored that YOU... YES YOU the one that got a second ipod shuffle would be liable for the second ipod if you opened it and or used it. Some have said it would be mail theft and quoted 18 USC 1708 and 9.

However, 18 USC 1708 & 9 apply to the US MAIL. The Federal Government offers no protection for private carriers ie. Fedex, UPS and DHL. The statues you quote are expressly inapplicable. Even if the statutes protected private carriers, the packages were addressed to those that received them. They cannot steal something that was intended for them.

Where does that leave Gratis? In the hands of the Uniform Commercial Code Article 2. In the UCC Merchants are protected from sending non conforming goods to another merchant, but not to a non-merchant, ie. consumer. In other words... There is no such thing as being liable for Gratis sending you an Ipod Shuffle. If Gratis needs case law for this position feel free to private message me, I will happily provide it.

HOWEVER, this does not mean that Gratis will not put all your accounts on hold. Unfortunately this is within the terms and conditions of the site. If you are closer to getting something else, you may want to hurry and get it before they realize you might not return the ipod.

I write this email because I do not think Gratis should carelessly throw legal words like "LIABLE" at people who are unlikely to know the difference. I believe it is irresponsible, dishonest and unethical. Gratis should ask for them back, but do not make unfounded threats. Given the chance, I believe most people will do what is right.

Enjoy the brief legal analysis.

Dig

The above should not be considered legal advice, simply ramblings of an off kilter private citizen with too much spare time.

Dig

[quote56573f9b37="diggity"]First let me start this by saying that I think the RIGHT and HONEST thing to do in the case of receiving something that does not belong to you is to return it.

It has been rumored that YOU... YES YOU the one that got a second ipod shuffle would be liable for the second ipod if you opened it and or used it. Some have said it would be mail theft and quoted 18 USC 1708 and 9.

However, 18 USC 1708 & 9 apply to the US MAIL. The Federal Government offers no protection for private carriers ie. Fedex, UPS and DHL. The statues you quote are expressly inapplicable. Even if the statutes protected private carriers, the packages were addressed to those that received them. They cannot steal something that was intended for them.

Where does that leave Gratis? In the hands of the Uniform Commercial Code Article 2. In the UCC Merchants are protected from sending non conforming goods to another merchant, but not to a non-merchant, ie. consumer. In other words... There is no such thing as being liable for Gratis sending you an Ipod Shuffle. If Gratis needs case law for this position feel free to private message me, I will happily provide it.

HOWEVER, this does not mean that Gratis will not put all your accounts on hold. Unfortunately this is within the terms and conditions of the site. If you are closer to getting something else, you may want to hurry and get it before they realize you might not return the ipod.

I write this email because I do not think Gratis should carelessly throw legal words like "LIABLE" at people who are unlikely to know the difference. I believe it is irresponsible, dishonest and unethical. Gratis should ask for them back, but do not make unfounded threats. Given the chance, I believe most people will do what is right.

Enjoy the brief legal analysis.

Dig[/quote56573f9b37]

AMEN!

here here. Though my interest in this case is far from subsiding, I'd like to point out that diggity broke down the scenario rather well, out of those who chose to elaborate on it. good job.


down and out.

I give information that is useful, please give karma that is useful.

Dig

wow... now if only i had the guts not to ship it back... ive already been in far worse trouble... so if anyone chooses not to ship it back please share the outcome, it should be an interesting story.

[quoteb9e0d2c967="diggity"]I give information that is useful, please give karma that is useful.

Dig[/quoteb9e0d2c967]

+127

nate how are you giving so much karma

minus karma just becuase you asked for more.

yea i think hes still uncapped for karma and now he just gave it away ;)