sprague11
Upstanding Member
Tom, I'm glad to hear you're not involved with this moron. My apologies if came across in any way that you were, as that was not my intention.
I hate the thought of the tampering, but I also really don't know why UD should take on this task. The quote below does make sense.....
"I am also not blaming UD in any of this but in my opinion if cards are being faked, people will eventually and slowly STOP buying singles off ebay and at shows. This will eventually and slowly HURT case breakers and the turn and burn crowd. They will eventually and slowly stop SPENDING so much money or stop completely which will hurt UD's bottom line at some point. "
... however, they are a friggin MACHINE. The secondary market has little to do with their sales outside of this point. Pontiac could care less how I soup up my G5; they have their money.
The sad reality of this situation is Buyer Beware is the only true defense. And possibly a flurry of punches to the mouth when he/ she/ they pop up at a show and someone who has had enough has had enough.....
That's not totally true. If Pontiac found out you were changing their cars (after-market) and re-selling them as originals to make a profit.....trust me, Pontiac would have a BIG BIG problem.
Im my opinion it is already too late for Upper Deck to pull off any action that will restore the massive damage this counterfeiting scandal has done to their company and the credibility of their memorabilia products. At this point, the best we can hope for is that the NHLPA eliminates the monopoly as soon as possible. Allow other companies to come in and offer a properly manufactured, licensed product, that some 10 year old with a sharp knife and a bottle of Crazy Glue cant tamper with.
As far as counterfeit deterence goes, Upper Deck has soiled the proverbial bed for at least the last 5 years. The fact is, an ever growing percentage of collectors wont buy their memorabilia cards any more, and the online selling prices for Upper Deck memorabilia products reflect this.
I don't think anyone is blaming UD for this, however I think collectors ARE looking to them to protect the integrity of their own products.
Or how about using some SUPER adhesive glue to put the pieces in the cards to begin with - to the point where there is no way of removing the existing piece without obviously damaging some part of the card's design?
With all the proof we"ve seen lately,why d"ont Upper deck bring a lawsuit against these forgers,heres an interesting article how Louis vuitton won a battle against ebay
With all of that said, I completely understand UD's position in all this (understand, not approve) and Karvin's in particular. Karvin sincerely cares about us collectors and UD's product. He is good for the hobby. He battles for us. But he does not run UD nor does he allocate their resources.
I believe UD does care because while it is the secondary market it is their product and it affects the primary market, which in turn, affects their bottom line.
Legal action would require a lot of proof. Perhaps even more then HI has shown in the past. UD has no scans of their cards, they have no way of knowing what they put in the card or that it has been modified.
To me the best system would be to scan all major patch cards from sets such as The Cup, Ultimate, Black, etc. Put them in a database where the card is viewable if you enter the serial number which is on the back of the card.
If UD doesn't want to or can't afford that option. Perhaps they should take a page out of ITG's book and approach Beckett or SGC about slabbing their high end cards. That won't help the collectors with the cards already in the secondary market but would help going forward.
While I am disappointed with the faking of patches as is everyone else - I would like to take a moment and postulate as to why UD may be somewhat hog-tied when it comes to going after the fakers.
1) In the first place as has been discussed ad-nauseum, there are no photos cooming off the line of the state of these cards - PRE PACK OUT. Why is that important???? Because without UD holding the proof that they put the patches into products as a 1 color (etc), it becomes more difficult to prove that the current seller is the one that made changes to the product. Just because you have a scan of the card - when it first was sold on Ebay - that would not necessaily hold up in a court setting that the patch came from UD that way. All that could be concluded is that the patch changed from one to another version. The fact that the 1 color was on Ebay 3 years ago - does not allow you to lawfully conclude that the one listed today is a forged patch.
Please do not give me the grief of comments - that are not based on a legal aspect. Having someone say that they are having a live break and even showing scans as they do it - would not necessarily constitute a legal chain of evidence.
2) I understand that the value of the altered patches are significantly raised - even doubled and tripled!!! However, unless we are talking about Crosby & Ovie at the top - and Richards etc in the middle, the range of selling values is going from $100 to $250 or less. That means that the forger is profiting a $ 150 for this instance. Even with 4 or 5 at a time, it will be awful hard to get the police excited over a $500/$600 crime. And the fact that a lot of this is cross-border makes it even more difficult. And with the sellers using 3 and 4 different User ID's - this gets tougher by the minute.
Maybe we should ask Karvin how helpful the folks at Ebay are when they approach them with concerns???? I bet that is a real treat - you see how Ebay/Paypal treats us, I doubt that they are ready to divulge much to Upper Deck without much less than a court order. Look how hard it was when the Ebayers were aselling the Diamond #1 of 1 cards a few years back!!!
3) I think you would need clarification from Karvin on this - but I am not sure that fraud would be an accurate definition of the crime commited here as far as Upper Deck is concerned. More likely it would be Copywrite Infringement - and that is not fun by any means to prosecute on a case-by-case basis. We go back to the fact that these forgers are using multiple ID's and listings to sell these items. Again - it would be difficult for UD to get a Prosecutor to consider bringing action on a patch by patch case. Fraud is being commited on the buyeer of the altered patch - and I doubt that too many of you would want to attempt to entertain a Civil Lawsuit of an amount less than $150.
The real answer is only to stop it in the future.
The argument has been made that Upper Deck will see lower sales and decreased demand for product due to the consumers lack of trust. Well so far - I am not sure that I am seeing that with High-End releases like The Cup. The demand for this product is determined by the strength of the Rookie Crop involved and new and exciting subsets. I am not really sure that I have seen case values plummet on these products for any reason having to do with concerns about genuiness of memorabilia.
I would think that with the high-tech printers that Upper Deck is using , that some form of high-speed imaging can be intertwined into the process. It would then be a matter of having a relatively low priced hourly worker working for a month could easily do the job. That would cost less than the retail price of a case ($10/hr x 40/hr x 4/wks = $1600).
I know nothing about the printers that Upper Deck uses - but I did talk to a local company that does high end printing and they already use high-tech imaging to spot production flaws.
I just wanted to bring up a couple points - as I think that a certain amount of UD bashing in this matter is un-founded. Then again - I am sure that I am all wet also!
Bruce
LMFAO
Now that is precious - like the 2nd version was a bit too nice - so let us remove the lettering!!!