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Just got the elusive 1916 Barber Half....
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<p>[QUOTE="Kasia, post: 2171389, member: 31533"]Interesting. I have, of course, heard of and used the word 'loophole' in the past. I have always taken it to mean that it is a way that shady people get around a law by splitting hairs on what is or isn't quantified, or by (in some cases) using means that have not been quantified as illegal, such as if some law says you cannot transport something by rail or air, and you transport it by automobile..... you have circumvented a law by finding out what has not been specified and take your action in that manner. </p><p><br /></p><p>But with the conversation here, where there are distinct stances being taken, and some who oppose are being quite strong in their feelings about it being a basically illegal action that is being done (circumventing laws that mean you have to label the coin as a copy), I decided to look up the meaning. </p><p><br /></p><p>Here is one definition "A </p><p><b>loophole</b> is an ambiguity or inadequacy in a system, such as a <a href="http://en.wikipedia.org/wiki/Law" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Law" rel="nofollow">law</a> or <a href="http://en.wikipedia.org/wiki/Security" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Security" rel="nofollow">security</a>, which can be used to circumvent or otherwise avoid the intent, implied or explicitly stated, of the system. Loopholes are searched for and used <a href="http://en.wikipedia.org/wiki/Strategy" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Strategy" rel="nofollow">strategically</a> in a variety of circumstances, including <a href="http://en.wikipedia.org/wiki/Tax" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Tax" rel="nofollow">taxes</a>, <a href="http://en.wikipedia.org/wiki/Election" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Election" rel="nofollow">elections</a>, <a href="http://en.wikipedia.org/wiki/Politics" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Politics" rel="nofollow">politics</a>, the <a href="http://en.wikipedia.org/wiki/Criminal_justice" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Criminal_justice" rel="nofollow">criminal justice</a> system, or in breaches of security, or a response to one's civil liberties.</p><p>Loopholes are distinct from <a href="http://en.wikipedia.org/wiki/Non_liquet" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://en.wikipedia.org/wiki/Non_liquet" rel="nofollow">lacunae</a>, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but the law can be legally circumvented due to a technical defect in the said law. A lacuna, on the other hand, is a situation whereby no law exists in the first place to address that particular issue."</p><p><br /></p><p>I think this may actually fall into the category of lacunae, in that there is no law that I know of to be able to take a minted coin and CHANGE that coin to a different item (being no longer the actual coin that was minted, but using the coin for it's metal content and size to create something from it). Sort of akin to the elongated pennies that people do to have a 'souvenir' from a place. In that case, no one goes and says that the elongated pennies have to have 'copy' stamped on them, because their shape has changed and it contains a recognizable different feature on it than the coin it was made from. </p><p><br /></p><p>Although I am not a particular fan of D Carr's work as 'art' or as something I would invest in, because I see it as more a technical change than artistic, I also don't think, after consideration, that it is a 'copy', either that should fall into the counterfeiting arena. His work, as doing overstrikes (which are not illegal) is creating a coin that looks a lot like the original but has details that keep it from being mistaken by someone as an original. As a fantasy piece, no reputable coin dealer should ever mistake it (his altered/overstruck coin) for being a real mint product. </p><p><br /></p><p>I can only think that these possibly appeal to those who like the design so much and can't afford a high-quality piece of the real McCoy, yet don't want to have a reproduction piece that is not the right content or weight.[/QUOTE]</p><p><br /></p>
[QUOTE="Kasia, post: 2171389, member: 31533"]Interesting. I have, of course, heard of and used the word 'loophole' in the past. I have always taken it to mean that it is a way that shady people get around a law by splitting hairs on what is or isn't quantified, or by (in some cases) using means that have not been quantified as illegal, such as if some law says you cannot transport something by rail or air, and you transport it by automobile..... you have circumvented a law by finding out what has not been specified and take your action in that manner. But with the conversation here, where there are distinct stances being taken, and some who oppose are being quite strong in their feelings about it being a basically illegal action that is being done (circumventing laws that mean you have to label the coin as a copy), I decided to look up the meaning. Here is one definition "A [B]loophole[/B] is an ambiguity or inadequacy in a system, such as a [URL='http://en.wikipedia.org/wiki/Law']law[/URL] or [URL='http://en.wikipedia.org/wiki/Security']security[/URL], which can be used to circumvent or otherwise avoid the intent, implied or explicitly stated, of the system. Loopholes are searched for and used [URL='http://en.wikipedia.org/wiki/Strategy']strategically[/URL] in a variety of circumstances, including [URL='http://en.wikipedia.org/wiki/Tax']taxes[/URL], [URL='http://en.wikipedia.org/wiki/Election']elections[/URL], [URL='http://en.wikipedia.org/wiki/Politics']politics[/URL], the [URL='http://en.wikipedia.org/wiki/Criminal_justice']criminal justice[/URL] system, or in breaches of security, or a response to one's civil liberties. Loopholes are distinct from [URL='http://en.wikipedia.org/wiki/Non_liquet']lacunae[/URL], although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but the law can be legally circumvented due to a technical defect in the said law. A lacuna, on the other hand, is a situation whereby no law exists in the first place to address that particular issue." I think this may actually fall into the category of lacunae, in that there is no law that I know of to be able to take a minted coin and CHANGE that coin to a different item (being no longer the actual coin that was minted, but using the coin for it's metal content and size to create something from it). Sort of akin to the elongated pennies that people do to have a 'souvenir' from a place. In that case, no one goes and says that the elongated pennies have to have 'copy' stamped on them, because their shape has changed and it contains a recognizable different feature on it than the coin it was made from. Although I am not a particular fan of D Carr's work as 'art' or as something I would invest in, because I see it as more a technical change than artistic, I also don't think, after consideration, that it is a 'copy', either that should fall into the counterfeiting arena. His work, as doing overstrikes (which are not illegal) is creating a coin that looks a lot like the original but has details that keep it from being mistaken by someone as an original. As a fantasy piece, no reputable coin dealer should ever mistake it (his altered/overstruck coin) for being a real mint product. I can only think that these possibly appeal to those who like the design so much and can't afford a high-quality piece of the real McCoy, yet don't want to have a reproduction piece that is not the right content or weight.[/QUOTE]
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Just got the elusive 1916 Barber Half....
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