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I apologize beforehand if this is not the appropriate place to post this, I just thought I would give it a shot.

I just found this forum and it looks great, I am a big fan of stackoverflow.com(web dev version of this)...anyways I am a web developer and big magic player/fan who is interested in creating an online MtG store that will sell individual cards, other MtG merchandise/accessories, and offer advice and input on building decks and gameplay strategies. I know there are many sites like this out there but I think I can set myself apart from the others in someway or another(I have ideas, I am just keeping them secret for now : D )..The main focus is creating a website really revolving around this great community and the customer service I can provide them...

I have a couple of questions, besides any input that you might want to give?

1.) The legality of all this, I know I can't buy directly from wizards or there authorized distributors because I do not have a brick and mortar location? But is it legal to purchase bulk booster boxes on outlets like amazon and then resell individually

2.) Am i aloud to use images of the cards and other promotional material. Obviously I will give all credit to wizards and reference the appropriate trademarks?

I did get in touch with wizards customer service but they told me because it is a legal issue I need to send a letter to there legal department, which I am willing to do but I thought I might get some others opinions!

Thanks for any input, Skev

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I think this questions is offtopic. you can try the startup stackexchange site for better quality answers. – Colin D Oct 12 '12 at 15:43
Closing this as we aren't lawyers here. – Pat Ludwig♦ Oct 12 '12 at 15:48
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@PatLudwig Disagreed, some of us are rules lawyers. ;) – ghoppe Oct 12 '12 at 16:14
Thanks for the input, @ColinD, i will do that, and as I said in the first sentence I apologize if this is not the appropriate place to post this, I am just trying to get a rough Idea so I can pursue some of my ideas while I wait to here back from wizards legal department – skevthedev Oct 12 '12 at 16:18
(1) It would surprise me if you couldn't buy from a wholesaler even though you don't have a brick and mortar store. While first sale doctrine means that yes, you can resell the product you bought on amazon, you won't make any money that way. (2) Copyight law varies from place to place, but I can't imagine somewhere where such an exception didn't exist, but the devil is in the details. – ikegami Oct 12 '12 at 16:35
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closed as off topic by Pat Ludwig♦ Oct 12 '12 at 15:47

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1 Answer

up vote 0 down vote

preface: I am not a lawyer. You should consult a lawyer.

  1. It should be legal. first sale doctrine and all.

  2. I am not sure if you can legally host copies of the images without direct permission from wizards (distribution of copyrighted material), but I see nothing wrong with cross site links to the images hosted on the wizards website.

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I see something wrong. They may only allow you to use those images for personal use. It's hardly fair use to say "These images you put for personal use, I'm going to use them for commercial use." As far as number 1, you can still have restrictions on resale even with the first sale doctrine. – corsiKa Oct 12 '12 at 17:14

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