RE: Archaeoraptor liaoningensis

["Tracy Ford" <tlford@ix.netcom.com>]

-----Original Message-----
From: Ccookk@aol.com [mailto:Ccookk@aol.com]
Sent: Tuesday, January 18, 2000 3:45 PM
To: tlford@ix.netcom.com; dinosaur@usc.edu
Subject: Re: Archaeoraptor liaoningensis

Tracy and list,
    The thought of suing the seller of the fossil in question raises some
concerns on my part. First of all what would the Czerkas  sue for? If fraud
is the charge, that requires some evidence of forthought at deception of the
buyer.
If you bought a Hank Erin (sic) baseball card, paying big money for it, then
found out that it was fake, what would you want to do. This has been
happening with Pokemon also. The seller has a duty to make sure what he
sales is in fact, a real specimen.
If, in fact, the Czerkas are the considered "experts" and "recognized
the fossil as scientifically valuable and then contacted a benefactor to
close the purchase, are they less a part in this? It seems the determination
of the authenticity of the fossil did rest with the buyers, and they
apparently accepted that responsibility as evidenced by their actions.
Ever hear of the lemon law? The seller is the first one who HAS to make sure
he's not selling a lemon. The seller should be an expert in what he is
selling. I was at a recent gem show and my girlfriend was buying a 'silver'
ring in a shape of a dragon. She asked what kind of metal it was, he said 'I
don't know I just bought it from China'. If the seller doesn't know what
he's selling he shouldn't be selling it. If you went to buy a car and the
seller didn't know what kind of car he was selling...
Can
the seller later be sued for simply selling a specimen that he has purchased
for resale, when it is later discovered to be faked, or at least partially
so?
Yes, its negligence on part of the seller.
 It seems that the need to validate preconceived ideas, and to garner
acclaim may have overcome the scientific process here. I am not faulting
anyone in this scenario, as it is a sad thing all round. I have met and
talked with the Czerkas, and I find them to be very nice, and extremely
knowlegable paleontologists of the highest caliber. I also see the human
side, the side that was the buyer in this case. I hope all of us learned a
lesson in this story...  stick to the scientific process, and the buyer
beware.
Shouldn't be that way, especially when so much money is LOST and I know the
Czerkas can't loose that kind of money. I know what the Czerkas's were
thinking, science can't loose this kind of specimen, so they bought it. Not
for personal GAIN, not for prestige, but for a more noble purpose, for
Science. Now, unfortunately, due to unscrupulous people, their names are now
smeared, all due to wanting to make a lot of money.
Tracy