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Curious about the legality of fake/fictitious personas

Discussion in 'Clickbank' started by SithMyth, Jun 28, 2012.

  1. SithMyth

    SithMyth Newbie

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    I was brainstorming today about the various products on clickbank and elsewhere, and began to wonder about the legality of fictitious personas.

    For example: Say someone writes an ebook claiming to hone one's telepathic powers, or cast magic spells, or some other form of bullcrap, but used a made up name and persona in order to better market said bullcrap.

    Like, "I am Zanzibar von Mendacious, and I have traveled the world for 30 years seeking out the wisest of gurus and shamen to gather the most powerful occult techniques, which I can now offer to you the low low price or $19.99!!" etc etc

    Or, "Hello! I am Bob Loblaw McFakerson, I have 20 years experience with SEO and have acted as a consultant with some of the world's top interent firms....blah blah....here are my secrets!"

    Could any of the people doing this be subject to legal troubles? It's obviously not "identity theft" since the fame people don't actually exist, but could it be construed as fraud?

    What about writing blogs and whatnot using the same nefarious technique?

    Anyone have any insight on this?
     
  2. mcarter

    mcarter Newbie

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    interesting and pertinent question...anyone able to shed light on this?
     
  3. brkseven

    brkseven Regular Member

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    Well, you're deceiving and portraying yourself as someone you're not...I don't think it's OK, morally and legally. Are you going to get in trouble? Well, that's different, I think it would depend on where you are, what kind of mess you get in and, of course, if it wasn't so obviously fake, in which case I think you could get away with it.
     
  4. LovervsFighter

    LovervsFighter Junior Member

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    I don't know the legality of it in terms of selling products, but being a writer I do know that employing a pen name as a method is entirely acceptable. If I was to hazard a guess though, the example you mentioned above sounds very deceptive, if not completely fraudulant, so I can't begin to imagine that it'd be acceptable/legal.
     
  5. LBrown

    LBrown Senior Member

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    Lying is totally legal and a protected (US) right.

    Fraud is lying in order to gain profit. What you are describing is fraud. There is a lot of fraud online hat has not yet been prosecuted and may never be since the internet is not under the control of any government.
     
  6. submit

    submit Junior Member

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    Not true.

    A pen name is legal. Whether made by you or your pen name, false statements can lead to a fraud or misrepresentation claim when somebody makes a misrepresentation of material fact, in order to obtain action or forebearance by another person, where the other person relies upon the misrepresentation and suffers injury as a result of the act or forebearance taken in reliance upon the misrepresentation