Talk about out of touch

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foxwolfen
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2012/08/14 16:57:18 (permalink)

Talk about out of touch

I had no idea Gibson had bought up KRK, Cerwin Vega and Stanton. Huh. Thats cool I guess.

A scientist knows more & more about less & less till he knows everything about nothing, while a philosopher knows less & less about more & more till he knows nothing about everything.

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    craigb
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    Re:Talk about out of touch 2012/08/14 17:15:26 (permalink)
    Something for them to keep busy with while they wait for the Feds to give them back their wood...
     
    (You DID know about the Feds seizing their wood, ya?)

     
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    michaelhanson
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    Re:Talk about out of touch 2012/08/14 20:48:44 (permalink)
    I thought I saw a headline a couple of days ago that said Gibson had settled with the Feds; not sure what the terms were.

    Mike

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    bitflipper
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    Re:Talk about out of touch 2012/08/14 21:00:17 (permalink)
    Watched an interview with the CEO of Gibson on TV last night. The government, being unable to point to an applicable law that had been broken, basically said "never mind, go about your business". This after the company had spent $2M on lawyers. And the wood still hasn't been returned.


    All else is in doubt, so this is the truth I cling to. 

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    slartabartfast
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    Re:Talk about out of touch 2012/08/14 21:35:06 (permalink)
    Always best to put a good face on your criminal activity, and admit guilt, not because you have done anything wrong, but because the cost of defending yourself would be excessive. Gibson clearly understood that it was violating the law for at least two years, and made no attempt to do the right thing after warning by the DOJ and one of its own employees. To then pretend to be affronted that armed (what US police agencies are not armed?) agents showed up and seized contraband is pure stagecraft. Had they desisted after warnings, it is doubtful that any action would have been taken.

    Unlike the vast majority of these settlements to avoid prosecution, this one included acknowledgement by Gibson that it had knowingly violated the law. Perhaps with a million dollars of defense expenditures, Gibson could have gotten the law overturned, but they clearly had reason to believe that they were breaking the law when they bought endangered plants that Madagascar had managed to protect.

    For the gist of the agreement without the spin doctoring:

    http://www.justice.gov/opa/pr/2012/August/12-enrd-976.html

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    Guitarhacker
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    Re:Talk about out of touch 2012/08/14 21:36:30 (permalink)
    In many cases it is simply a business decision to cop a plea, work out a deal, and pay the fine rather than fighting it. Even though they are innocent, and followed all the laws, the feds are a force to be reckoned with. They could have gone the distance and would have likely spent millions more to prove they were innocent and get the wood back..... but at what cost? On the other hand, a jury is an unknown factor and could just as easily have ruled against them and that could have bankrupted the company. 

    Smart business decision most likely to settle it like they did. 

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    trimph1
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    Re:Talk about out of touch 2012/08/14 21:38:44 (permalink)
    This puts the first situation in a different light then. 

    The space you have will always be exceeded in direct proportion to the amount of stuff you have...Thornton's Postulate.

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    Re:Talk about out of touch 2012/08/14 21:45:47 (permalink)
    here's a link to a brief story on the settlement


    http://www.npr.org/2012/0...-last-word-in-business

     
    as I was making my comment above I was just guessing ....... but.....it was as I described..settled as a business decision. 


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    slartabartfast
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    Re:Talk about out of touch 2012/08/14 22:56:35 (permalink)
    Yes, just a business decision. Totally without honor or integrity. Just as the decision to source materials illegally, rather than finding legitimate more expensive sources in order to increase profits was a business decision. One reason we suffer under an immense mass of laws and regulations, is that the business community seems to see no reason to do the right (good not correct) thing, or avoid doing the wrong (evil not erroneous) thing, and malignantly justifies (excuses not makes just) all action based on whether the company prospers, and the executives receive bonuses. When the basis of your ethics is anything that is not against the law is good, you can expect your neighbors to start passing a lot of laws to keep you from pissing all over them.

    I disrespect Gibson for caving under pressure if they believe they were in the right. But they never were, and they never thought they were. This was not principled civil disobedience to protest an application of extraterratorial law, it was just a cheap sleazy unethical (does that even apply to a business decision?) cheat. This is the same kind of business decision that justifies a pimp beating up a prostitute because it would cost too much to pay her, or a restaurant cooking stolen meat into the stew. Of course Gibson was in the wrong. They certainly thought that they were committing a crime, and they admitted as much. Now they want us to believe that they were good people, they just can't afford to prove it in our expensive courts. There is no injustice here, unless you believe that individuals who use their companies to commit crimes, or commit crimes in furtherance of their business, should personally suffer consequences.

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    craigb
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    Re:Talk about out of touch 2012/08/14 23:11:04 (permalink)
    Gives a whole new meaning to the line "Got wood?"

     
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    The Maillard Reaction
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    Re:Talk about out of touch 2012/08/15 07:53:50 (permalink)

    If Gibson hadn't bought wood smuggled out of India illegally, they wouldn't have to spend the $350,000 dollars just to get to slink away to a presser that emphasizes that the charges were dropped.

    I'll bet the spin doctor tab far exceeded the discount they realized when they initially took part in smuggling wood out of India illegally.

    There is a paper trail of evidence that they were looking for a broker to do the same thing for them in Madagascar.

    It was time for them to pay to have the charges dropped.

    All the romance I have for the Gibsons in my guitar collection doesn't change my opinion that they should have done this more quietly.

    If you get caught stealing... you shouldn't try to convince everyone around you that you need them to tell you it's not your fault... that's just a sign of bad character.

    This whole incident leaves me with the impression that Gibson isn't a company I want to do business with.



    They have no compunction asking $5-$6k for a guitar and they don't even bother doing a good job building it until it hits half that price. Learning about how they were eager to smuggle wood out of India (and Madagascar) at discounted tariff so as to increase their margin at those exorbitant price points leaves me thinking that they must simply think they are above the law.

    I hope the propaganda machine bled them dry.

    At any point after the crime was identified they could have offered to pay the correct tariff and this would have all disappeared. Gibson thought it could get away with it so they mounted a campaign to influence public opinion. This was another case of misguided management... public opinion wasn't going to change the facts. That's why they coughed up the $350,000 cash in the end.

    I'll bet the total cost of getting caught stealing was a lot more than any benefit they would have ever realized as increased margin.



    best regards,
    mike



     



    post edited by mike_mccue - 2012/08/15 08:00:03


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    Jonbouy
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    Re:Talk about out of touch 2012/08/15 08:58:48 (permalink)
    slartabartfast


    Yes, just a business decision. Totally without honor or integrity. Just as the decision to source materials illegally, rather than finding legitimate more expensive sources in order to increase profits was a business decision. One reason we suffer under an immense mass of laws and regulations, is that the business community seems to see no reason to do the right (good not correct) thing, or avoid doing the wrong (evil not erroneous) thing, and malignantly justifies (excuses not makes just) all action based on whether the company prospers, and the executives receive bonuses. When the basis of your ethics is anything that is not against the law is good, you can expect your neighbors to start passing a lot of laws to keep you from pissing all over them.

    I disrespect Gibson for caving under pressure if they believe they were in the right. But they never were, and they never thought they were. This was not principled civil disobedience to protest an application of extraterratorial law, it was just a cheap sleazy unethical (does that even apply to a business decision?) cheat. This is the same kind of business decision that justifies a pimp beating up a prostitute because it would cost too much to pay her, or a restaurant cooking stolen meat into the stew. Of course Gibson was in the wrong. They certainly thought that they were committing a crime, and they admitted as much. Now they want us to believe that they were good people, they just can't afford to prove it in our expensive courts. There is no injustice here, unless you believe that individuals who use their companies to commit crimes, or commit crimes in furtherance of their business, should personally suffer consequences.


    Excellent post!

    "We can't do anything to change the world until capitalism crumbles.
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    spacealf
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    Re:Talk about out of touch 2012/08/15 09:23:36 (permalink)
    Then why did Michelle Obama buy a Gibson guitar to give as a present to that French person, and did she have the necessary papers to ship it internationally. Your slant about what happened with Gibson seems highly prejudiced and bias. If manufacturers in the USA have to rely on not trusting sources who are suppose to be shipping them wood that does meet the requirements then it is another added expense by the USA company to confirm that all people in a foreign Country supplying anything meet the requirements set down by some law that clearly allows the foreign people and sources not to be honest in the first place. Run away, for you may find yourself in the same boat buying anything because you did not check the paperwork discriminately enough to know that you can't trust anyone in this World anymore.

     
     
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    The Maillard Reaction
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    Re:Talk about out of touch 2012/08/15 09:28:18 (permalink)
    "why did Michelle Obama buy a Gibson guitar to give as a present"

    There is no better way to patronize labor than to buy domestic.





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    spacealf
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    Re:Talk about out of touch 2012/08/15 09:32:43 (permalink)
    And I have a rosewood fingerboard on my cheap Gibson guitar (which works fine by the way - maybe not all of them will work as good as to quality) and do individuals have to know where the wood came from if they move it from State to State due to commerce laws in this Country. I do not know where the rosewood came from, nor do I have any paperwork to move it anywhere I guess to prove anything. ?? There is even more perhaps to all of this in the end.

     
     
    #15
    spacealf
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    Re:Talk about out of touch 2012/08/15 09:37:27 (permalink)
    http://www.youtube.com/watch?v=qf61M3lBraY Not an endorsement of anything but just some of what went on further afterwards~!

     
     
    #16
    The Maillard Reaction
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    Re:Talk about out of touch 2012/08/15 09:38:29 (permalink)

    Are you planning on selling your guitar to yourself any time soon?



    If so, I suggest you go read the "act"... you'll be relieved to see that the fear mongers are just making stuff up.





    all the best,
    mike


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    Starise
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    Re:Talk about out of touch 2012/08/15 09:46:26 (permalink)
     If Gibson was willingly involved in illegal actions then being left off the hook with no recourse is not a good idea. 

     There are two sides to the cat and mouse between govt. and companies. There are greedy unyielding companies but the govt' also has a choke hold on anyone who is making money and therefore helping our economy through gross over regulation. Read Atlas Shrugged.

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    Jonbouy
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    Re:Talk about out of touch 2012/08/15 11:30:24 (permalink)
    I'm always amazed at the abundance of dense planks that can be sourced from our very own shores.



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    foxwolfen
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    Re:Talk about out of touch 2012/08/15 22:35:54 (permalink)
    Well, it seems my ignorance is deeper than first thought. I had no idea Gibson was having problems with its wood. I hear there are ways to fix that with minimal side effects these days. I of course would not know, as my wood is fine. Maple is always good and... errr.... I'll get me coat.

    A scientist knows more & more about less & less till he knows everything about nothing, while a philosopher knows less & less about more & more till he knows nothing about everything.

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    Guitarhacker
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    Re:Talk about out of touch 2012/08/16 09:12:27 (permalink)
    The same laws that they supposedly broke (either knowingly or unknowingly) affects musicians transporting guitars across international borders...especially into this country.  

    You better have your documentation in order, all the correct forms and declarations to prove that the wood which makes the mahogany neck was properly harvested. Not having this documentation can result in your detention, the confiscation of said guitar, and substantial fines for breaking the laws relating to endangered hardwood species illegally harvested from endangered third world forests. 

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    spacealf
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    Re:Talk about out of touch 2012/08/16 10:07:33 (permalink)
    Then cheap China knock-offs should not be coming here either, since there are videos showing them also on u-tube b various people. Their $200 knock-off copied made China guitar!

     
     
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    Re:Talk about out of touch 2012/08/16 10:51:57 (permalink)
    Guitarhacker


    The same laws that they supposedly broke (either knowingly or unknowingly) affects musicians transporting guitars across international borders...especially into this country.  

    You better have your documentation in order, all the correct forms and declarations to prove that the wood which makes the mahogany neck was properly harvested. Not having this documentation can result in your detention, the confiscation of said guitar, and substantial fines for breaking the laws relating to endangered hardwood species illegally harvested from endangered third world forests. 


    Can any of you guys that feel the Act provides for this... which it doesn't...  Can any of you point to single example of this happening? Or is this just more hysteria and hyperbole?


    Gibson got into trouble because specific claims were made against them by a country called India... some would make it seem like Gibson got busted for a lack of paper work, when in fact they got busted for forged paperwork.

    Gibson got busted for lying, in writing, about a source of wood. Then we found out that not only did they know about the forged documents, they were actively soliciting other vendors to provide similar smuggling services.

    The specifc wood in question in the Gibson case was fully documented as it traveled in and out of customs on it's journey across the globe.. and that's why India and now our U.S. government knows exactly when and where the wood's documentation was altered to favor Gibson's profits.



    My personal guitars have no paperwork... that's the way it is... there is simply nothing for me to get in to trouble lying about.



    When are you guys gonna figure it out? India doesn't actually have to sell us any wood. We should feel lucky to be able to get what we can legally and we should stop rallying behind corporate pirates and smugglers who think rules made by societies that inhibit their ability to maximize profit may be ignored. There's this ancient notion called the golden rule and I use it at times like these. I'd like to be treated with respect and I'd prefer that no one steal from me; I can't find any common ground with a corporation that steals from people and then wages a publicity campaign to make their crime seem ok. I'm not so naive that this sort of thought process will effect my mood... it seems like such a simple matter.

    It has been an open shut case.


    best regards,
    mike








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    bapu
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    Re:Talk about out of touch 2012/08/16 11:03:20 (permalink)
    mike_mccue
    I can't find any common ground with a corporation that steals from people and then wages a publicity campaign to make their crime seem ok. 

    So you'll be dumping all your Gibson products right down to the last case, chord and guitar straps provided?


    I won't tell anyone if you keep the allen wrenches. Those are standard.
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    Jonbouy
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    Re:Talk about out of touch 2012/08/16 11:16:40 (permalink)

    Or is this just more hysteria and hyperbole?


    Propaganda fed and led perhaps.

    Thing is that many hard-working small businesses seem to want ally themselves for some reason to multi-national corporations.  These kind of companies may have a national based head-office but the will do their utmost to fleece their 'home' soil by seeking the best tax breaks offshore and being unscrupulous in the quest for profit, using pirated goods, exploitative means of sourcing labour and materials that actually hinders the nation they may call home.

    Why any honest, hard-working, tax paying individuals would identify and condone such obvious corporate 'sharp practice' always amazes me.  The only cause of it that I can see is that it provides some excuse to bash a particular governments stance.

    It seems to me lately that a large part of the corporate and banking world has put itself beyond the reproach of anyone.  Governments worldwide of whatever ideology are currently trying to do their utmost to solve a financial crisis knowingly caused by those that have gone far beyond anyone's control. Worse still they are bigger than national governments yet don't appear to have the means to regulate themselves.



    post edited by Jonbouy - 2012/08/16 11:18:43

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    Jonbouy
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    Re:Talk about out of touch 2012/08/16 11:25:22 (permalink)
    I'm a western consumer therefore I demand to have ivory keys on my new piano.

    There's plenty of Elephants left I've seen 'em in the zoo, and my rights are far more important than those that live near Elephants, no?

    btw there's nothing to say you can't own antique ivory, for those trying to compare a finished guitar to a manufacturer illegally sourcing 'new' materials.

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    bapu
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    Re:Talk about out of touch 2012/08/16 11:27:15 (permalink)
    Jonbouy


    I'm a western consumer therefore I demand to have ivory keys on my new piano.

    There's plenty of Elephants left I've seen 'em in the zoo, and my rights are far more important than those that live near Elephants, no?

    btw there's nothing to say you can't own antique ivory, for those trying to compare a finished guitar to a manufacturer illegally sourcing 'new' materials.

    My M-Audio Axiom 61 is all plastic keys.


    Does that make me a bad person?
    #27
    michaelhanson
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    Re:Talk about out of touch 2012/08/16 11:29:53 (permalink)
    What I had been following up to this point was that it had come down to interpretation of India's law.  It was legal wood if Indian workers had worked on it.  They did not have an issue with the wood being harvested, but rather who was providing the labor on the wood.  Maybe there was more info on this since then, but I have not seen it.


    Fox News:

    Gibson Guitar Corp. is claiming the Obama administration wants more of its woodwork done overseas, as a bizarre battle heats up between the government and one of the country's most renowned guitar makers. 
    The dispute started in 2009, when federal agents raided the company over suspect wood shipments from Madagascar. Gibson took that case to court but has denounced the administration with a vengeance after agents returned late last month to raid several Gibson factories -- this time out of concern that Indian export laws had been violated. 
    Though some reports on the dispute have cited environmental concerns, court documents suggest the latest battle boils down to a simple, non-environmental question -- which country is working on the wood? 
    Gibson's CEO has said repeatedly that the only reason his company is in trouble is because U.S. workers are completing work on guitar fingerboards in the United States. In an interview earlier this week, CEO Henry Juszkiewicz claimed that the U.S. government even suggested Gibson's troubles would disappear if the company used foreign labor. 
    The Justice Department is hamstrung from talking about the case because it's an ongoing investigation. Justice spokesman Wyn Hornbuckle told FoxNews.com only that agents were looking for evidence of "possible violations" of a law governing imports of plants and wildlife. 
    Hornbuckle also confirmed that no charges have yet been filed in either of the two cases. 
    Court documents help explain the root of the tree dispute. According to search warrants associated with the latest raid, federal agents in June intercepted a shipment of Indian ebony apparently bound for Gibson in Tennessee. The documents noted that Indian law "prohibits the export of sawn wood," which can be used for fingerboards -- but does not prohibit the export of "veneers," which are sheets of woods that have already been worked on. 
    The search warrants alleged that the intercepted shipment was "falsely declared" as veneer, something that would have been legal. However, the documents said the ebony was in fact unfinished "sawn wood," supposedly illegal. 
    This led to the raid on Gibson facilities late last month. 
    Juszkiewicz said in a statement that the U.S. government has effectively suggested "that the use of wood from India that is not finished by Indian workers is illegal, not because of U.S. law, but because it is the Justice Department's interpretation of a law in India." 
    A representative at the Indian Embassy in Washington could not be reached for comment. 
    But Juszkiewicz has since claimed that his company's wood exports do in fact comply with Indian law, even if American workers are doing some of the work. 
    In an interview on the company website, Juszkiewicz said Gibson "for decades" has purchased fingerboard wood that is two-thirds finished. 
    "The fact that American workers are completing the work in the United States makes it illegal," he said, citing the government's position. 
    Juszkiewicz maintains Gibson is still complying with the law.


    Read more: [link=http://www.foxnews.com/politics/2011/09/02/gibson-feds-want-guitar-woodwork-done-by-foreign-labor/#ixzz23ityii7O]http://www.foxnews.com/po...n-labor/#ixzz23ityii7O[/link]

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    #28
    Jonbouy
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    Re:Talk about out of touch 2012/08/16 11:31:23 (permalink)

    Fox News:




    Here's the end of the matter as found in a court of law.

     “As a result of this investigation and criminal enforcement agreement, Gibson has acknowledged that it failed to act on information that the Madagascar ebony it was purchasing may have violated laws intended to limit overharvesting and conserve valuable wood species from Madagascar, a country which has been severely impacted by deforestation,” said Assistant Attorney General Moreno. “Gibson has ceased acquisitions of wood species from Madagascar and recognizes its duty under the U.S. Lacey Act to guard against the acquisition of wood of illegal origin by verifying the circumstances of its harvest and export, which is good for American business and American consumers.”

    End of story.

    post edited by Jonbouy - 2012/08/16 11:34:59

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    Guitarhacker
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    Re:Talk about out of touch 2012/08/16 11:34:34 (permalink)
    http://weeklyworldnews.co...-all-acoustic-guitars/

    http://www.examiner.com/a...certs-to-seize-guitars

    Personally, I have not heard of any individuals having instruments seized at customs crossings. I think if I understood correctly in one of the stories, that has been corrected by a Senator. 

    quote>>> The threat was enough to send U.S. Sen. Lamar Alexander, R-Tenn., quickly leaping into action to make sure the government is prevented from seizing guitars made with forbidden wood provided they were manufactured prior to 2008. A law passed 112 years ago in order to regulate bird feathers used in hats was amended in 2008 to protect wood in "protected forests."

    It was in the original intent of this law to seize guitars in this manner. I did understand that the feds did, however, seize guitars already made at the Gibson factory and I do not recall the details if this included any that were back to the factory for repairs that fit that category. 

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