CommodoreKong
Adventurer
Actually, I covered this earlier and this isn't correct. The FTC is explaining what to do because of the increase in scams. This is nothing more than an extrapolation of the general principle regarding gifts.
This DOES NOT APPLY to other situations. For example, if you get shipped something with the wrong name. Or if you ordered a Taco Bell sauce and were given a flat-screen TV by mistake. Or any other number of situation when the person sending the item did not mean to provide you something for free.
Moreover, this does not protect you from any other laws regarding the merchandise.
PLEASE, IF YOU ONLY TAKE ONE THING FROM ALL OF THIS, IT'S THIS- DO NOT, FOR THE LOVE OF GOD, ORGANIZE YOUR LIFE OR RELY ON THINGS FROM THE INTERNET YOU DON'T FULLY UNDERSTAND.
This is a weird concept for many, but the law usually (if not always) follows general equitable principles. The idea that someone would send you something unsolicited (a gift) and demand payment for it ... seems wrong because it is wrong. The idea that you knowingly profit from the mistakes of others? Also seems wrong because it is wrong.
I could certainly be wrong and it may only apply to unsolicited things sent to you but do you have a source on that?
And even if that is the case I don't see Wizards being the ones who should be sending people to this guy's house to attempt to get the cards back. I'm sure physical copies of Legend of Zelda Tears of The Kingdom will be making it's way into peoples hands in the next week or two, before it's release date and Nintendo wont be sending Pinkertons to the houses of people who get early copies of the game to steal their copies.
Is there something in copyright law that lets you share others artwork online by default? (Can I open a new book and show all the pages one at a time?).
One thing I would say about this is Wizards clearly doesn't care about this when someone is opening boxes of Magic cards on Youtube post release. They only care because it's disrupting their marketing cycle. Sorry to the marketing people at WotC, sometimes things are going to happen outside their control and I don't believe the correct way to deal with it isn't to send Pinkertons to this guy's place. Roll with the punches and start the official marketing cycle.