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Well thats a good question actually.
If it still has their name on it as the creator its not stolen work. But lets say you want to sell it and they still have more of the item for sale on thier lot. If you re-sell it for more they lose profit, if you sell it for less you undercut them. I guess if you give them a chance to buy it back and they refuse then that would be different too. But I dont think they can stop you as long as the item still shows them as creator.
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I have found a handful of outright public stores that have bought up a handful of custom content items and priced them bit higher then the orginal seller. Those they hadn't gone window shopping first before deciding their purchase, have unknowingly supported those said stores by meeting their price. Partly I assume they are doing this, the store keepers, is so they can draw the customer in by stating custom content found on their lot in bio scribe. Personal view, I frown on this style of marketing, but it I believe is legal.
Flip side of the coin... we as sims can only have limited amount of objects per lot, per inventory. When the customs first came out, everyone went nuts! Buying new, and still... look on many lots, alot of great custom work out there, people buying laying out on their lots to view and enjoy, however, how much of the items theme together, or just laid out in a aray of everything? Believe going to come a time where people are going to want to organize their precious items. There is more everyday of new, things we want but no room to have! Solution, take our extra sim, have a home small store... and have a yard sale! For the prices on many things, especially the chairs and such that do cost quite abit, why should the buyer be totally out of pocket loss? If we need room to buy more, there should not be "rules" on unable to resale used items. We do all the time with catelog content, it will be the norm for custom content.
Parziad... hope you've enjoyed your weeked!!! Least you know with all this reading, you didn't come back to your virtual in bored mode.... grab your coffee and happy reading!