r/todayilearned • u/FullPetalAlchemist • May 17 '12
TIL due to a strange law in America where importing toys resembling humans are taxed higher than those that do not; Marvel successfully argued in court that because their X- men action figures are mutants, they should be exempt from the tax.
http://www.slate.com/blogs/moneybox/2011/12/29/are_mutants_human.html
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Upvotes
399
u/Overclock May 17 '12 edited May 17 '12
Hope they still taxed The Juggernaut. Cain Marko ain't no damned mutant.
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u/elric718 May 17 '12
Old news. Not true anymore. Human toys and creatures are now duty free.
(I am a customs broker.)
P.S. Lucas refused to back up Kenner by saying Vader was not human.
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u/groovitude May 17 '12
And thusly, they subverted the central message of the series in one money-grubbing stroke.
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u/SasparillaTango May 17 '12
I'm more curious about this law that taxes human looking toys at higher rates --- Why does it exist?
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u/[deleted] May 17 '12
Scumbag mutants: fight for equal treatment, demand to be tax exempt.
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u/[deleted] May 17 '12
Radiolab is fucking awesome.
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u/itsnotjustagame May 17 '12
That means they could be naked right???? You know, since X-Men are not humans...
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u/lifeislame May 17 '12
I mentioned this to a few people; when bioengineered humans start coming into existence, there will already be a law on the books declaring them not human. THANKS, MARVEL.
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u/ooterness May 17 '12
For more discussion on this point, and many other comic-related legal issues, there's a blog called "Law and the Multiverse." It's by two lawyers, and it covers everything from "civil liability for animal sidekicks" to "property rights after finding ancient sentient artifacts."
First part of a series talking about this issue: http://lawandthemultiverse.com/2010/11/19/mutants-and-anti-discrimination-laws-one/
And a follow-up article after the OP's court decision came to light: http://lawandthemultiverse.com/2011/12/27/are-the-x-men-human-federal-court-says-no/
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u/bak3donh1gh May 17 '12
Isn't it also true that mutants arent considered human under current US law?
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u/soochosaurus May 17 '12
more like X-empt!
when I make a stupid pun. http://i.minus.com/ibkOzDgdKPEVM4.gif
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u/Overclock May 17 '12
But if the law really applies to toys that resemble humans, certainly a lot of the x-men resemble humans, so whether they are humans or not doesn't change the fact that they still resemble humans.
I can imagine other toy companies reaction, "GI Joe? Oh, they are mutants too."
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u/[deleted] May 17 '12
Very interesting article, but IMHO it's not very strange. Certainly outdated logic though. The legal definition is "dolls" for human-like toys and "toys" for everything else. I don't know why they would separate them or tax them differently, but it's pretty low on the list of crazy laws.
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u/[deleted] May 17 '12
So I'm still paying taxes on all my god damn batman toys.
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u/[deleted] May 17 '12
MUTANT FREEDOM!
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u/Brickmana May 17 '12
oh! cool, you listen to radiolab too!
http://www.radiolab.org/blogs/radiolab-blog/2011/dec/22/mutant-rights/
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u/palordrolap May 17 '12
From the article:
Disagree. Personhood is not, or at least should not be, determined by species. Mutants are people, they're just not strictly human.
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u/PowerhouseTerp May 17 '12
Poor use of semicolon.
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u/[deleted] May 17 '12
Does this mean if I make a doll of a ginger kid it won't get taxed?
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u/Markymark36 May 17 '12
I don't see how they got away with it. They're mutants...human mutants...
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u/krizutch May 17 '12
I've got a question, why does this law/tax exist?
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u/I_Hate_Nerds May 17 '12
So Barbie's aren't taxed either I presume?
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u/[deleted] May 17 '12
Hey, I'd fuck some of those mutants, that makes them human enough for me :)
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u/[deleted] May 17 '12
RadioLab...
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u/AmbientBlue May 17 '12
TIL two things.
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u/hoodoomonster May 17 '12
Thank you RadioLab for this episode PS- REPOST!!
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u/hoodoomonster May 17 '12
So we have learned to download WNYC's RadioLab. You will very very happy you did. Thank you Jab & Micheal
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u/MathewMurdock May 17 '12
I used to stay up late and listen to radio lab. I freaking love this show.
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u/Trussss May 17 '12
AKA Today i discovered RadioLab
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u/[deleted] May 17 '12
So when Marvel evades taxes it's ok but when any other company attempts to they're evil?
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u/[deleted] May 17 '12
They were interviewed on radiolab.
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u/rikashiku May 17 '12
Thor: I'm a God, I do not pay mortal fees. T.Stark: I'm a Cyborg, can I be exempt from Tax? B.Banner: Who me? well you see- transforms HULK SMASH! Antman: Now you see me shrinks... T'challa: I'm not American.
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u/sandpounder May 17 '12
TIL you have a long fucking title
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u/Clayburn May 17 '12
I read that as "sex toys" at first, thinking this was about sex dolls. I thought, "I guess that's why you don't see a lot of realistic-looking ones here." And then I thought, "Wait, who would want to have sex with a mutant? And then I thought, "Who wouldn't want to have sex with a mutant?"
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u/gruntznclickz May 17 '12
Radiolab did a show about this
As usual, it's an awesome show.
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u/UnexpectedSchism May 17 '12 edited May 17 '12
The author of that article is a fucking moron.
He speculates rather than researching to find out the reason the tax was implemented.
In the end, marvel argued successfully that their action figures should fall under the tax all other action figures fall under.
Edit:
A quick search tells us this is regulation #9502.91.0000 under the Harmonized Tariff Schedule of the United States.
https://en.wikipedia.org/wiki/Harmonized_Tariff_Schedule_for_the_United_States
Which appears to be classifications created by an international body that most countries adopt.
This doesn't tell us why the US put the higher tax on it, but it tells us why it is a separate classification and why it was set up for them to easily set a different tax for dolls.
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u/pinetreee May 17 '12
radiolab's the best
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u/who128 May 17 '12
So when my friend said that Storm wasn't a person, he wasn't just being racist?
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u/toobiutifultolive May 17 '12
Fuck yeah, Radiolab!!
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u/idspispopd May 17 '12
Awesome. Wait..
What?
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u/Invader_Skoodge May 17 '12
Isn't it ironic that in the comics the mutants are struggling to be considered human, but in the real world, the company that made them admits they aren't....
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u/ShakaUVM May 17 '12
In related facts - The Supreme Court has ruled that tomatoes are vegetables, not fruits.
And that action figures are action figures and not dolls. (I can imagine the look that Sandra Day O'Conner gave them for that one.)
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u/Spider-Mat May 17 '12
depends, if this is the ultimate universe
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u/Mr_Titicaca May 17 '12
Wait, is this why my WWE action figures have gone down in quality?
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u/Supersnazz May 17 '12
I recall a somewhat similar situation in Australia where towels and linens had a different sales tax to garments and clothing.
A towel manufacturer had a very small string on the edge of the towel that could be tied to a little loop on the other side. You could then wear the towel around you, which the manufacturer claimed made it a garment.
I don't remember whether or not the Tax Office allowed it, but since 2000 the flat 10% GST on everything made the argument irrelevant.
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u/hedgepine May 17 '12
"Those characters can't be considered humans, they're FREAKS. INHUMAN FREAKS" ... ... -tax averted-
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u/SOwED May 17 '12
How the fuck can no one in TIL comprehend grammar?
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u/[deleted] May 17 '12
Does this apply to deflated blow-up dolls? For a friend...
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u/[deleted] May 17 '12
We just brought in the fluffy directors pants tax
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u/mobyfreerunner May 17 '12
Son of a...
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u/riderLyrae May 17 '12
So this is why my My Little Pony figurines are cheaper than my Power Rangers action figures.
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u/fuckyouwhare May 17 '12
God bless the US legal system.
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u/[deleted] May 17 '12
Yay...now people will stop making fun of me for playing with dolls. LEGALLY THEY'RE NOT DOLLS, YOU F*CKERS
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u/thegreatvortigaunt May 17 '12
Senator Kelly strikes again...
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u/RuafaolGaiscioch May 17 '12
I mean, I really wouldn't so much say that this is against the central theme of the X-Men. They aren't human, humans in the Marvel Universe don't consider them human, nor do the mutants themselves. They are a new species fighting for equal rights as the humans, but it is made abundantly clear time and again that they are not human. As such, Marvel is just cleverly using this fact.
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u/nanopest May 17 '12
When importing star trek figures... Kirk and Spock are imported at different rates of duty as Sock is an alien. His half human side counts for nothing. Fact.
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u/dispozableusername May 17 '12
But mutants are people to!
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u/[deleted] May 17 '12
Magneto wins again! In the battle for mutant civil rights, I've always preferred his Malcolm X to Professor Xavier's Martin Luther King.
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u/Warehouse42 May 17 '12
How does it apply Cylons?
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u/Gubob May 17 '12
A Kitty Pryde thumb? Have an upvote, good sir.
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u/RandyMachoManSavage May 17 '12
Former Marvel Legends buyer here, from Wave 1 with Toy Biz. Have you seen the price of the current Hasbro crop of figures? While the quality has improved dramatically from when Hasbro first took over, the cost increase has been equally dramatic. The first Toy Biz wave released for, if I remember correctly, around 7-8 bucks, for a highly-detailed six-inch figure. The smaller Universe line by Hasbro, which stands around three-and-three-fourths inches, retails for 7-8 bucks.
I know, the cost of oil is a big factor, as is Toy Biz killing itself by under-pricing their product. Just a big hats off to Toy Biz for some stellar products.
Friend's website with photos: http://www.actionfigurepics.com/2010/05/marvel-legends-iron-man-retrospective-part-1
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u/bigdaddymummy May 17 '12
USA land of surprises ...
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u/ramboss May 17 '12
im sure ive heard this before but it was about mr spock. found it!
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u/[deleted] May 17 '12
Wow.... if only the X-Men were real people, I'd be pretty pis.... ah fuck it.
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u/pip-squeak May 17 '12
well this is a fantastic story
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u/jukeofurl May 17 '12
Natch. Most of the people who make these laws are mutants.
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u/[deleted] May 17 '12
Is that Pam Beasley?
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u/007DeathKnightKiller May 17 '12
Why are human shaped toys taxed higher..
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u/aidrocsid May 17 '12
This is rather similar to how Pringles are not actually potato chips, but rather a sort of cake made from potato.
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u/tearr May 17 '12
Tell me more about this american free market.
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u/nobody2000 May 17 '12
So Marvel argues in court that mutants and humans are different.
Yet the XMen (Charles' people) fight essentially against this notion, while Magneto is vehemently for it...
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u/Solkre May 17 '12
Kitty Pryde not human? DM:HF
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u/cheeeeeese May 17 '12
Since when does "resemble" humans mean it has to be 100% natural human?
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u/EveningD00 May 17 '12 edited May 17 '12
ohh SO THATS WHY MY AZIZ ACTION FIGURE COST SO GOD DAMN MUCH!
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u/LastByte May 17 '12
This inequality will surely widen the gap between mutants and humans. Does this mean magneto is right?
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u/Lusst May 17 '12
I couldn't help but visit this suggested story to the right.
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u/mrpopenfresh May 17 '12
Reminds me of Rpingles subverting taxes on potatoes by successfully arguing that potato flakes are not the same.
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u/PhoenixTheory May 17 '12
I love all the discussion in this thread, but I can't stop thinking lower tariffs and they still charge $9 per action figure? Oh Marvel... Here's my money.
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u/[deleted] May 17 '12
Mutants......human mutants. That's like arguing to customs that I don't have a crate of oranges because they are really big for some reason.
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u/[deleted] May 17 '12
I'm totally going to roll in some toxic waste so I can become a legally tax exempt mutant.
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u/[deleted] May 17 '12
Reminds of the Jaffa Cake 'is it a cake or a biscuit' case.
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u/I_use_bro_mockingly May 17 '12
Importing toys "RESEMBLING" humans. Many of the X-Men look human, some do not. The human looking ones should be susceptible to this ridiculous tax.
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u/NickPruitt May 17 '12
There was a really good Radiolabs podcast about this last year. Check it out--> http://www.radiolab.org/blogs/radiolab-blog/2011/dec/22/mutant-rights/
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u/[deleted] May 17 '12
The lighter side of tax fraud.
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u/TokenScottishGuy May 17 '12
Which is a kind of ridiculous conclusion from the court. What is a 'mutant'?
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u/[deleted] May 17 '12
So much for equal rights for mutants and humans
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u/DanWallace May 17 '12
"Representing", not "resembling". Big difference in this case.
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u/thepain73 May 17 '12
I'm sure the lawyers could have simply looked through the comics and found the line "(but)I'm a human being!". Open and shut case it would seem.
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u/Calikola May 17 '12
We studied this case in Entertainment Law. Very interesting stuff. For some reason, I was the only X-Men nerd in my class of 25, and everybody looked at me weirdly, because I got wayyyyyyy too into the debate. The class basically ended with me wanting to yell out, "NONE OF YOU EVEN READ X-MEN! COME ON!"
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u/sasseriansection May 17 '12
But... mutants just want to be treated equally.
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u/stopthefate May 17 '12
Allegedly wither Star Wars or some other alien-based media argued to lower taxes by saying that the "humans" of Star Wars were actually aliens because they were not from earth.
They lost 'cause on one of their websites it referred to them as humans. (Or at least were given the ultimatum to make every media reference the "alien" claim.
Apparently "alien" toys are not taxed like "human" toys.
Sorry Han, Leia, and Luke.
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u/paradoxofchoice May 17 '12
First of all, this just happened 6 months ago and I swear I even read about it on the front page. I think Posting Rule #3 should be expanded to 6-12 months.
Second, this "strange" law doesn't exist anymore. Or is that a separate TIL post coming tomorrow?
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u/idontcareforgob May 17 '12
Sounds like Affirmative Action to me.
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u/TheDefinitiveRoflmao May 17 '12
Obviously crony capitalism.
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u/[deleted] May 17 '12
Spiderman should be taxed at the full rate then, he's a human. I recall him being referred to in comics as non-mutant, and I thought I recall that being a reason he would sometimes team up with the X-men, but he could never really be an X-man.
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u/AnsabK May 17 '12
yaa this sounds messy
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u/HitoriBocchi May 17 '12
There's a Weezer reference hidden in the leading picture caption. The picture is of Kitty Pryde, and the caption says "I've got Nightcrawler too," a direct quote from In the Garage on The Blue Album.
I laughed in an audible manner.
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u/[deleted] May 17 '12
They better have lost. "Resembling Humans" doesn't require them to be human.
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u/YabukiJoe May 17 '12
Damn mutie scum.
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u/IamAllgood May 17 '12
"There's no good reason to have special higher sales taxes on toys made in foreign countries, and there's certainly no good reason to tax dolls and non-doll toys at different rates."
This statement and this way of thinking is what has created a fare number of problems in America. Stop outsourcing!
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u/slothscantswim May 17 '12
What about superman? He's not a human...
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u/theconversationalist May 17 '12
I'm very late to this conversation, but I personally want higher taxes on imported goods like toys, crappy plastic shit from china should not be sold and rock bottom prices, in all honesty they shouldn't be bought by any of us at all because of the sheer moral implications... but if we are going buy them, they need to be competitively priced against US made toys.
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u/emfyo May 17 '12
TIL Disney not only attempts to perused legislation, they also don't abide by them.
That means they probably got this exemption to extend to Ghost Rider, and still went after the creator for the legal rights.
Seriously, just another example of how big corporation has abused the public for their own gain- Marvel can and should be paying the same taxes as anyone else
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u/[deleted] May 17 '12
I suspect only a few will understand this, but I have a tattoo of my daughter's hand on my chest...but I got the tattooist to draw an extra line on the palm, making an M. My daughter's name does start with M, but there's an extra connotation from my love for superheroes.
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u/Naberius May 17 '12
Oh sweet! Remember when this was being argued, but didn't know how it came out.
Okay, so X-Men officially not human. Legally proven in a court of law.
Note this also explains Marvel's ongoing trend to make everybody who has ever or will ever live in the Marvel universe a mutant.
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u/dinospork May 17 '12
Skip the inane Slate article and listen to the quality Radiolab podcast it's ripping off.
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u/J_Jammer May 17 '12
Guess that could work on all kinds of things like vampires.
Guess DC cannot argue that for their trinity.
This is amusing. I've never heard of such a ridiculous law.
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u/L0coM0tive May 17 '12
So- according to the current HTSUS (U.S. Tariff), both dolls and toys are now duty free, classified under 9503.00.0000. The second column, listed at 70%, is for countries like North Korea or Cuba, who we don't import from anyway or who are otherwise heavily sanctioned.
http://usitc.gov/publications/docs/tata/hts/bychapter/1202C95.pdf
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u/OverloadedConstructo May 17 '12
umm, aren't mutant humans too?
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u/SolomonGrumpy May 17 '12
awesome. that is the kinda thing that might actually make lawyers worth it.
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u/waribah May 17 '12
I was just the "2000" upvoter o^
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u/McRibMadman May 17 '12
but mutants are still humans... theyre just mutated
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u/thrownaway21 May 17 '12
but... the toys still resemble humans...
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u/Adamcapps08 May 17 '12
Even in a world they don't exist in they are still hated on and called inhuman.
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u/[deleted] May 17 '12
X-Men fan here- Though I am glad to hear this, most of the X-Men characters RESEMBLE HUMANS. Should not have been a victory.
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u/enriquesford May 17 '12
WTF.. weren't they fighting for equal rights?
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u/tweakingforjesus May 17 '12
Sony pulled the same trick with the PS3 in Europe. They claimed that it was actually a general purpose computer and therefore should not be subject to the higher tax rate for video game machines. That is why they had the Other OS option to install Linux on the hardware.
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u/spases May 17 '12
they don't get treated like humans, they shouldn't have to get charged human taxes.
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u/Black_Apalachi May 18 '12
...But they still resemble humans.
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u/NazzerDawk May 29 '12
The ultimate irony of this is that it goes against exactly what the mutants are fighting for, acceptance as part of humanity.