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  #1  
Old 03-21-2013, 04:28 PM
Kevin Kevin is offline
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
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Quote:
Originally Posted by MysticCat View Post
I know it goes counter to what many GLOs say, but I have said before that I question the legal enforceability of policies saying the GLOs retain ownership rights in badges and members have lifetime leases -- most of which policies are, so far as I know, relatively recent. Policies like these are certainly meaningless legally with regard to badges purchased prior to a GLO's implementation of such a policy.

To be clear, I'm not suggesting that the polices may not be binding on members ethically. But as far as legal rights go, I have my doubts.
--the whole doctrine of "first sale" and all. And with the lack of engraved initials on the back, there'd be almost no way to conduct a reasonable search for the true owner, so the OP could always sell the thing on Ebay or trash it or whatever.

A finder of abandoned or lost property has title over everyone but the true owner.

Different GLOs seem to take different types of steps to prevent badges from being made for non-members. I've noticed HJGreek has some organizations which won't let you place direct orders with HJGreek, so I assume they can ensure the badge was being ordered by a member.

I can tell you that if you want a Sigma Nu badge right now, you can pop over there, pay their absurd price for fancy jewels like "diamondique" and have whatever you want engraved on the back. They won't want fingerprints or DNA or nothin'.
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  #2  
Old 03-21-2013, 05:30 PM
Sciencewoman Sciencewoman is offline
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Join Date: May 2007
Location: Michigan
Posts: 4,625
Quote:
Originally Posted by Kevin View Post
--the whole doctrine of "first sale" and all. And with the lack of engraved initials on the back, there'd be almost no way to conduct a reasonable search for the true owner, so the OP could always sell the thing on Ebay or trash it or whatever.

A finder of abandoned or lost property has title over everyone but the true owner.

Different GLOs seem to take different types of steps to prevent badges from being made for non-members. I've noticed HJGreek has some organizations which won't let you place direct orders with HJGreek, so I assume they can ensure the badge was being ordered by a member.

I can tell you that if you want a Sigma Nu badge right now, you can pop over there, pay their absurd price for fancy jewels like "diamondique" and have whatever you want engraved on the back. They won't want fingerprints or DNA or nothin'.
Our new members are informed that the badge belongs to Gamma Phi. They're supposed to turn over everything with letters if they are terminated or resign. How enforceable this is, is another issue. New members can only order through the New Member Educator. If I want to order a new badge, I have to call IH and speak to the one person who places the orders.

That said, if the OP came to GC to ask what he should do, then I think he was given good, honorable advice to send it back.
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