Posters!

greenlake wrote:

I have not sold any 10 club posters. Santos is clear on that and I have NEVER SOLD a poster that I bought from the 10c. Like I said I bought a ton of posters on Ebay in 2003. I bought 14 03's from one person who I met locally. As for the SA the price was $300. If any of you want to trade a 98 that I need for the SA lets do it right now.

Here's the description written for item #330027058968 sold for $105. on 9/16/06.

"Up for auction is a SWEET poster from Ames Design. It is from the 2003 Mountain View show in sunny California. The poster is in excellent condition. Nice sharp corners and great surface. I bought this poster from the 10 club in 2003 and have kept it flat ever since. I will ship this poster in an extra 10 club poster tube that I have. Check out my other auctions for PJ posters. Feel free to ask questions. GOOD LUCK!!"

OOPS-- You forgot to remove the words "from the 10 club" in this description. I love how you state "I will ship this poster in an extra 10 club poster tube that I have. " for all the other unsigned posters that are being/have been sold.

I think you're a total creep!

Well crap. I need a mountainview poster, but im sure not buying anything from greenlake now.

lets be honest...

...while i HATE poster abusers, ebay flippers, etc. just as much as the next fan...i also know as an attorney the ten club cannot do a thing to someone who sells even a ten club purchased poster! that is reality. if i were to sell a ten club poster, which i would NEVER do, and then get booted from the club...not only would i be pissed, but the law would be on my side for a lawsuit. so...

AGAIN, i am on your side here people, but wanted to let you know that the ten club saying they'll kick somebody off is about as threating, legally, as the fbi warning at the beginning of a rented movie!

i'm just sayin'...

peace,
dj pubbs

djpubbs wrote:

just to elaborate...

...the riaa tried to use the same tactic - i.e. we prohibit re-sale of certain albums. this was in response to the new phenom..used c.d. shops! out of that came what is known as "the right of first sale." when you purchase something legit, nobody can restrict you from doing what you want with it. you can burn it, rip it in half, throw it away, piss on it...or even...GASP...sell it!

again, i'm just sayin'...

sure, but 10c can terminate your membership for any reason. one could sue 'em, maybe you get their $20 back, but they don't have to keep you as a member.

djpubbs wrote:

you'd get a ton more than $20. but, again, i'm not trying to argue, i'm just sayin'!

ridiculous. people have lost their memberships for violation of terms. the 10c is an llc, a private business. and just like wal-mart, they can run it any way they see fit. they are free to reauire conditions of membership and charge dues. they are just as free to revoke that membership anytime they want to. if they do it because you're some sort of minority, ie black, gay, etc., then you might have a point. but if they do it because you violated the terms of the membership agreement, you don't have a leg to stand on.

as an attorney, you should know that almost anything can be legally written into any contract. if the 10c says one of the conditions of membership is that you have to mow their grass twice a week, as long as it's in writing and legally agreed to by both parties, it'll stand up in court.

djpubbs wrote:

you'd get a ton more than $20. but, again, i'm not trying to argue, i'm just sayin'!

how do you figure? what grounds? emotional distress? loss of rights to purchase tickets and posters to sell at a profit?

djpubbs wrote:

that's alright...i can tell by your post you are not a lawyer! AGAIN, AGAIN, AGAIN i'm not trying to argue. because i could all day!

i love you all, except for the last poster! to knock me and my professional ability without knowing me AT ALL is crazy! i bring up a point and specificaly state, "i'm not trying to argue" and your response is to knock me professionally?!?! interesting. comparing me to the peoples court? at the same token i don't know you either. hmmm...

what is your background in contract law?

peace,
dj pubbs

i edited that out immediately. you must have been waiting for a response, cuz it couldn't have been up for more than a few seconds. and for the record, i originally said that he sounded more like he watched too much people's court than an actual lawyer....which i immediately realized was inappropriate...

on the other hand, what part of the rest of the post is wrong?

i'm done...

...please read post #1066. read my tone, me tripping over myself to be careful NOT to argue, saying i am on your side, etc. that was my first post on this topic.

sincerely sorry to offend. DAMN!

i've seen the slippery slope of internet back-and-forths...i refuse to go there.

love you all.

XOXOXO

djpubbs wrote:

i'm done...

...please read post #1066. read my tone, me tripping over myself to be careful NOT to argue, saying i am on your side, etc. that was my first post on this topic.

sincerely sorry to offend. DAMN!

i've seen the slippery slope of internet back-and-forths...i refuse to go there.

love you all.

XOXOXO

For what its worth and my role in this, I never took your posts as argumentative, offensive, or another other negative intent. But I am interested in what recourse one would have for getting the boot from 10c, and how they could justify any monetary compensation beyond their membership fee.

now this is civilized conversation...much respect!

the ten club terms are what is called an "adhesion contract." through case law, which is what the legal world relies on as precedent, the supreme court, and state courts have held that adhesion contracts are not effective. for example, you go to a parking ramp and park...on the back of your stub is a bunch of terms and conditions. such things as the parking company is not responsible for lost items, etc. this is the poster-child of an adhesion contract. there is no meeting of the minds, no legal consideration given, no definition of terms, etc. just blind acceptance. now i can already anticipate the rebuttal...

...unless the terms you agreed to when you bought your ten club membership SPECIFICALLY state you cannot re-sell posters it is not valid. why? you cannot contract with someone and then change the contract if both sides don't agree. also, even if it says that you must follow all policies at the time of signing up, they can't add it later. i.e. contracts cannot be retoactive, or proactive. a contract is a snap-shot in time...that's what law school teaches anyway.

again, i appreciate civilized conversation.

peace,
dj pubbs