I thought of a way to cure scalpers

[S0M3D1CK]

Nvidia and AMD could easily cure this scalping problem in a very simple manner. All they have to do is update their terms of service agreements and have their retailers do the same. All they need to do is add this to their terms of service. Reselling our product at a hyper inflated price (115% MSRP including shipping costs) damages customer confidence in our brand. We reserve the right for legal action for damaging our brand recognition. If scalpers started getting sued they would stop.

[Coolmaster]

Companies aren't allowed to control what their customers do with their products.

[Scruffy90]

And considering the profits these guys are reporting, I doubt they care in the slightest

[Oshino Shinobu]

Pretty sure they're not allowed to do that. If they could, companies like Louis Vuitton would have already prevented people from being able to resell their products.

 

Even if they could, it wouldn't be worth their time to sue individuals, they'd get nothing out of it so it wouldn't solve anything. 

[bmx6454]

afaik, there are no countries where they can legally do that lol. "disclaimer" not a legal expert.

[Middcore]

Companies trying to dictate what people do with products they legally paid for is a bad thing in the long run, and there is no way it would be feasible for Nvidia and AMD to take legal action against every individual scalper even if they cared about scalping. (Which they don't, as long as every single GPU chip that comes off the production line sells, AMD and Nvidia are quite content with how things are.)

[it_dont_work]

Why would a company limit the sale of a general consumer item? It's a minor PR problem for the company (scalpers that is) 

 

They sell as much stock as they can make without having to worry about dead inventory, honestly atm amd/nvidia are in a great sales position. doubt they'd want to break that  

[cm992]

If they cared, which they dont, a better solution would be for AMD and Nvidia to update their websites so that you prepay and go on a waiting list and there is a system in place that prevents people from placing an order on the wait list if the shipping address or credit card they are trying to use already show up once in the list. Then working with partners like Asus/Evga/Gigabyte to do the same on their respective websites as well as places like microcenter and newegg. Then the website could also display to each customer their place in line and estimated shipping date.

[Donut417]

35 minutes ago, S0M3D1CK said:

Nvidia and AMD could easily cure this scalping problem in a very simple manner. All they have to do is update their terms of service agreements and have their retailers do the same. All they need to do is add this to their terms of service. Reselling our product at a hyper inflated price (115% MSRP including shipping costs) damages customer confidence in our brand. We reserve the right for legal action for damaging our brand recognition. If scalpers started getting sued they would stop.

They could violate first sale doctrine as they does provide protection to people who buy a product and resell it. https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons,_Inc. This sets precedent and generally supreme court decisions are THE LAW. Until they rule a different way, companies dont have a chance in hell of stopping people from reselling their legally purchased goods. 

 

Nvidia could black list individuals from buying or instate some kind of 1 per person policy. But people will find ways around this. Retailers like Amazon or eBay could ban scalpers but these people will still find a way. Facebook Market Place, Craigs list, etc. 

 

The only way to stop scalpers is for people to get some GOD DAMN patients and stop buying from these ass hats. But thats not likely to happen. 

[Mark Kaine]

1 hour ago, Coolmaster said:

Companies aren't allowed to control what their customers do with their products.

Sum1 should tell  

[Donut417]

Just now, Mark Kaine said:

Sum1 should tell  

Your allowed to resell an Apple product. Companies are not allowed to restrict selling a product you bought. Apple having their stuff locked down is not in violation of the law. Frankly if you dont like Apple's policies then dont buy their products. No one has a gun to your head telling you, you have to buy Apple. 

[Mark Kaine]

1 hour ago, S0M3D1CK said:

Nvidia and AMD could easily cure this scalping problem in a very simple manner. All they have to do is update their terms of service agreements and have their retailers do the same. All they need to do is add this to their terms of service. Reselling our product at a hyper inflated price (115% MSRP including shipping costs) damages customer confidence in our brand. We reserve the right for legal action for damaging our brand recognition. If scalpers started getting sued they would stop.

Yes, very good idea, without irony. However sadly "TOS" are not the law and not legally binding, especially if they're against existing law. (price fixing) 

 

 

 

 

[Mark Kaine]

2 minutes ago, Donut417 said:

Your allowed to resell an Apple product.

you should look at what I quoted, perhaps. 

Quote

Companies aren't allowed to control what their customers do with their products.

 

3 minutes ago, Donut417 said:

Apple having their stuff locked down is not in violation of the law.

... 

 

4 minutes ago, Donut417 said:

No one has a gun to your head telling you, you have to buy Apple

That would be indeed the only way to make me do that. 

 

[Donut417]

Just now, Mark Kaine said:

you should look at what I quoted, perhaps. 

Again Apple cant stop you from selling your phone. Thats what this whole thread is about. Reselling products you bought. Nothing about shit being locked down. So maybe you should pay attention to what the thread is about. 

[Mark Kaine]

18 minutes ago, Donut417 said:

Again Apple cant stop you from selling your phone. Thats what this whole thread is about. Reselling products you bought. Nothing about shit being locked down. So maybe you should pay attention to what the thread is about. 

So you're just completely disregard what I quoted (which said nothing about reselling) ok 

[Donut417]

28 minutes ago, Mark Kaine said:

So you're just completely disregard what I quoted (which said nothing about reselling) ok 

The whole thread is about reselling. Thats the point. There are no laws that say a company has to open their product. Apple produces it product as its intended. Your crying and whining because you dont like how they have things locked down. Well Dont buy one. Just like people cry and whine about scalpers, well DONT BUY FROM THEM. Its a pretty easy choice. If they cant sell it for the inflated price they will stop eventually. Because there is a cost in storing stuff. Also stuff like GPU's are refreshed every year, meaning they dont sell them soon, eventually the new shit comes out and the old stuff is not worth as much. 

[Sarra]

The most 'sane' ways to deal with scalping is to get some laws passed. Then, when ebay or cl allows jerks to try and resell, in violation of the laws, the places where the laws are in effect go after ebay and cl. If ebay gets fined $1,000 for every scalped graphics card sold on their service, they will pretty quickly put an end to the scalper's accounts.

[Donut417]

1 minute ago, Sarra said:

The most 'sane' ways to deal with scalping is to get some laws passed.

Are GPU's essential for you to live? NOPE. Thats the only way the government can justify laws. And technically speaking there are laws that do govern prices in the middle of an emergency. But those laws only protect essentials. 

 

I think people forget the US runs on capitalism. Which involves supply and demand. When demand goes up and supply stays the same or lowers the price goes up. Its a pretty simple concept. The EU would probably put laws in place, but only because they regulate the hell out of business over there. You're NEVER going to see that type of regulation in the US. I mean look how long it too the government to acknowledge that Facebook and Google were too big and powerful. Companies like eBay and others are paid up with the right people as well. 

 

 

[Sarra]

Just now, Donut417 said:

Are GPU's essential for you to live? NOPE. Thats the only way the government can justify laws. And technically speaking there are laws that do govern prices in the middle of an emergency. But those laws only protect essentials. 

 

I think people forget the US runs on capitalism. Which involves supply and demand. When demand goes up and supply stays the same or lowers the price goes up. Its a pretty simple concept. The EU would probably put laws in place, but only because they regulate the hell out of business over there. You're NEVER going to see that type of regulation in the US. I mean look how long it too the government to acknowledge that Facebook and Google were too big and powerful. Companies like eBay and others are paid up with the right people as well. 

 

 

So, if I go to a city near where I live, they have a law that says that while in city limits, 'head in' parking is the only legal way to park, unless it's a parallel parking spot. This also has nothing to do with essential to live. Many, many laws have nothing to do with essential to live.

 

Also, never say never. California might be working on a law like this already, but I've not really been paying attention to that lately, too busy wearing out my keyboard's F5 switch trying to get a 6800XT.

[Donut417]

Just now, Sarra said:

This also has nothing to do with essential to live. Many, many laws have nothing to do with essential to live.

How does parking have to deal with products sold on the shelf? Traffic laws are not being discussed here and have no bearing. If you actually paid attention in school, you would know the US is a capitalist country. We operate on supply and demand. The only laws governing goods are in place to protect essentials during emergencies. Any other time business can charge what ever the FUCK they want. 

 

4 minutes ago, Sarra said:

lso, never say never. California might be working on a law like this already, but I've not really been paying attention to that lately, too busy wearing out my keyboard's F5 switch trying to get a 6800XT.

What are they going to do to out of state sellers? They have no jurisdiction past their borders. It be like the EV1 again, when Big Oil bitched to Uncle Sam about California making GM build an electric car back in the mid 90s. You know what Uncle Sam did? Told California to F off. They struck down the law. Anything that crosses state lines is under FEDERAL LAW. Your not going to get the US government to make any laws. Scalpers mostly sell online and if they are not in the state of California then they dont have to follow California law, pretty simple. So this will only work at physical shops in the state. OK, so the rest of the 49 states can bend you over. 

[PlutoPlatinum]

They probably don't care in the slightest, at the end of the day, their getting the same amount of money, scalpers or not.