deuce
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posted on April 7, 2001 12:05:52 PM
Good day.
I'm looking all over to find out where on eBay it talks about stolen item descriptions & photos.
I found a seller who stole my description word-for-word, and also my photos. I asked him to remove them, and also cc'ed safeharbor.
His response:
[b]So I'm supposed to believe that you went out and got a copyright for the
descriptions you put up on ebay! You're so full of it. Thats not even
possible, let alone economical. Please send me your copyright #s and I'll
check them with my local patent office.
It would have been nice if you'd simply asked me to change things. do you
have any idea how difficult it is to find a picture out there? Easy as pie.
I know perfectly well that Ebay cant and wont do a darn thing about these auctions.[/b]
I simply asked him to refrain from stealing my photos & item desciption, and as much as I want to reply in a less than professional manner, I want more to educate him on the facts involoving copyrights of text, etc.
Any help appreciated; I know I've seen the links here before, but cannot find them now.
v/r
Deuce
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wynter
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posted on April 7, 2001 12:11:28 PM
Is he linked to your web space?
Wynter
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deuce
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posted on April 7, 2001 12:13:04 PM
He linked to my honesty.com photos. He has since changed the link to his own geocities account, but still is using my photo. Descriptions was just cut and paste, exact same HTML, etc.
(spelling)
[ edited by deuce on Apr 7, 2001 12:13 PM ]
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deuce
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posted on April 7, 2001 12:19:39 PM
Actually I just found the correct link. I'll post it here in case it may aid others.
http://pages.ebay.com/help/community/png-copyrights.html
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wynter
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posted on April 7, 2001 12:21:00 PM
That's to bad. 
It's the only way I've ever had any luck with these people.
From what I've seen eBay won't do much if anything.
Wynter
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deuce
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posted on April 7, 2001 12:23:24 PM
We'll see how, and if, he replies.
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hamburgler
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posted on April 7, 2001 06:59:25 PM
Once a picture or text becomes published (electronic or print) it becomes a "Work Of Art" and as long as the originator is identified (in this case it is with your user id/email addy) it is automatically copyrighted. I had to go through this with some printed "works" I created and talked directly with someone with the copyright/trademark office. They followed this up with a binder for free which I wasnt expecting and I was shocked to read some great facts. Get this # by calling your local business license ofice and they will lead you to who has the 800 number.
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CleverGirl
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posted on April 7, 2001 07:09:27 PM
You do NOT have to register your text and photos with the copyright office to legitimately have and retain all copyrights to your work.
And copyright is way different from patent (this is for your "friend's" benefit).
I didn't read the ebay link provided, but I do know that others have experienced the same problem and ebay HAS taken steps -- shut down the theif's auction(s).
Send ebay (probably Safe Harbor or maybe Timesensitive) your original auction number and his (the dates should show that yours was original) and ask them to take action NOW.
let us know what happens.
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Coonr
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posted on April 7, 2001 07:48:13 PM
For some real good info in copyrights.....
http://www.loc.gov/copyright/circs/circ1.html
[ edited by Coonr on Apr 7, 2001 07:49 PM ]
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insightwatcher
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posted on April 7, 2001 10:41:12 PM
I don't know how anyone would ever know their description or pictures had been stolen, what do you all do view every ad in your category? One time someone stole mine and I only found out because someone told me. I wrote the offender, he apologized, removed his ad, and that was that. I surmise I was fortunate.
I just don't look at other ads, so I suppose I'd never know it. How in the world do you find people doing such?
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dubyasdaman
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posted on April 8, 2001 05:35:43 AM
The solution to this one is easy. Just register with ebaY as a member of VERO. It's easy to do. Just send an email to SafeHarbor asking for the link to their "Notice Of Infringement". They'll send it to you right away. Print out the form, fill it out, and fax it back to them with the offending auction number(s). When they receive it, you'll be a VERO member and they'll close the auction(s) reported almost immediately. Once they receive the first Notice Of Infringement by fax, after that you can just send it in an email to [email protected] and the auction(s) will again be ended within a few hours, no questions asked. I'm a VERO member and it has saved me hours of aggravation and God knows how much money.
The advantage to taking the VERO approach is that it's fast, EXTREMELY effective, and you don't have to jump through hoops to prove the infringement. You just report the offending auction and it's ended, no questions asked. Poof, it's gone! I LOVE VERO...
[ edited by dubyasdaman on Apr 8, 2001 05:44 AM ]
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dubyasdaman
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posted on April 8, 2001 05:42:19 AM
I just don't look at other ads, so I suppose I'd never know it. How in the world do you find people doing such?
I found about about the first one from a customer of mine who was nice enough to send me an email with the auction number.
Now I do in fact browse the listings in my categories looking for this. A few months ago I found 3 listings in one day by 3 different sellers who had copied my ads word-for-word (with a few minor changes). They were selling my CDs which were written and copyrighted by me.
VERO shut them down in a hurry. And they still do whenever I report an infringing auction (2 or 3 times a month).
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deuce
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posted on April 8, 2001 07:22:17 AM
No word at all from the other seller.
Clevergirl I did e-mail both Timesensitive & Safeharbor, and have not rec'd anything back from them. And his auction ended on time yesterday.
Insightwatcher I occasionally check out auctions for similar items I sell, just to see what they're going for. I sell DVD's and was placing one up, and searched to see what others' auctions were going for. I noticed an auction title EXACTLY the same as mine (I tend to sell items over and over, so I simply re-list them, so my auctions are identical time-after-time).
Dubya When I apply for the VERO, am I simply saying I own the item description, and they will end any auction that is using my words/photos?
v/r
Deuce
(spelling)
[ edited by deuce on Apr 8, 2001 07:23 AM ]
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JettBoy
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posted on April 8, 2001 07:37:58 AM
Ebay does not permit another user from borrowing the text of your auction without permission. You took the time to write a great description, why let them steal it?
A friend was having a chronic problem with another ebay user borrowing his images. It really upset him... he had bought a nice digital camera... took the time to take pics that showed off the item as best as possible... and then paid his ISP to host the images. He had complained to ebay and was told the other user had been warned, but the auctions were not pulled and continued to displayed his images. When this other user put up a new batch of auctions with links to his images... he waited until his auctions ended and removed the images from his ISP reolaced them with hardcore porno images with the same URL. He reported the auctions to safe harbor for being offensive and the auctions were pulled almost instantly. Ebay responded faster to porno this side of the adult firewall than to theft of images.
<p> You might not know if someone has stolen your images and are using them... unless you check another auction and discover... or as my friend found out ... a bidder emailed him and wanted to know why the same unique pic was in auctions by 2 different sellers.
To subsitute stolen images the other seller must be linking to them. If they copy them to their own computer and then put them on another ISP web space, you will not be able to do a switch-a-roo.
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deuce
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posted on April 8, 2001 07:40:18 AM
Unfortunately, the switch-a-roo has already occurred!
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dubyasdaman
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posted on April 8, 2001 08:07:51 AM
Dubya When I apply for the VERO, am I simply saying I own the item description, and they will end any auction that is using my words/photos?
Yes, as the author of that description (or originator of the photo) you own the rights. They will close that auction and any others that you report with a Notice of Infringement with no questions asked. ebaY will send an email to the seller(s) in question stating that their auction(s) have been ended due to a complaint from a VERO (you). The seller(s) will also be given your contact information and told to contact you to resolve the issue before they will be allowed to list again. Of course since there is no issue to resolve (you own the copyright), they're dead in the water.
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rampaged
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posted on April 8, 2001 08:10:19 AM
Here is the link to how to become a vero member.
http://pages.ebay.com/help/community/vero-program.html
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dubyasdaman
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posted on April 8, 2001 08:15:12 AM
rampaged:
Thanks for the link. It's even easier than I thought. When I joined VERO, I did so after I made a complaint similar to the one in this thread to SafeHarbor. They emailed me the link to download the N.O.I. I didn't know they have a link to it on the site.
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deuce
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posted on April 8, 2001 08:42:34 AM
It is that easy, and great for purposes such as this...it does make me wonder how easy it would be for someone to claim ownership without a legitimate claim for such.
[ edited by deuce on Apr 8, 2001 08:44 AM ]
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rampaged
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posted on April 8, 2001 08:55:16 AM
dubyasdaman
eBay has so many rules and changes so often that it's near impossible to know where to find everything.
I've found that the easiest way for me is to go to the site map and click on basics and type in the block that says "Still have a question"
After reading this tread I went there and typed in Vero and got the link.
There may be an easier way to do all this, but this works for me.
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rampaged
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posted on April 8, 2001 09:28:47 AM
insightwatcher
Here is how I keep tabs on whether or not other people are using my pictures.
The link below will explain better than I can on how to set up three searches under your favorites on My eBay.
http://pages.ebay.com/help/buyerguide/favorite_searches.html Read What are Favorite Searches? to see how to set this up.
I have three searches that sends me an email when a new item like the one i'm selling comes up. Example: Baseball Card, Ruth. Each time someone starts an auction that contains that info I am sent an email on a daily basis with a link to look at all the new listings. If there are no new listings you don't receive an email.
Just plug in the three things you sell and don't want people to be using your pictures on and you can view their auctions without going thru an extensive search each day.
If ten new items are listed the email link you receive will show all ten so that you can check them out.
Where you did have four listing under favorites you can now have seven of which three will send you an email each day. You can also click on the additional three at any time.
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rampaged
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posted on April 8, 2001 09:34:32 AM
Sorry about that. Here is the link:
http://pages.ebay.com/help/buyerguide/favorite_searches.html
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insightwatcher
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posted on April 8, 2001 09:49:00 AM
rampaged
Thanks for the directive - I didn't realize how prevalent this practice is. Even after 5 years on eBay that is why I still come to this board, as there is always something to learn.
I'll try setting up the "My Favorite Search." When I had read on this subject before, there was no explanation regarding how the seller was finding the offender and it "appeared" they were physically doing it themselves, which obviously took more time than I had to spend looking for a "possible" offender.
Dubya - thanks for the Vero info.
Let me ask this: For those of you who seem to have constant problems with this, what do you sell (in general). I think about what I sell and since much of it is so unique/antique I don’t see too much reason or possibility for someone else to copy it. In other areas the items we handle are so “general” it seems I’d be getting a ream of emails every day.
But thanks, I will certain set this up and see what I find. Truly appreciate the information.
Wishes for a blessed Palm Sunday!
[ edited by insightwatcher on Apr 8, 2001 09:50 AM ]
[ edited by insightwatcher on Apr 8, 2001 11:26 AM ]
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gravid
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posted on April 8, 2001 10:05:32 AM
There are other ways to deal with people like this.
If you are really good at searches you will probably be able to amass a data profile on this person that will include their SS # and
credit history.
I had a person who was stealing my e-mail address to use in a spam campaign. He had a 800 number to take the suckers and I got all the flames.
Among other things I made fair sized contributions in his name and requested membership in the KKK,
Aryan Nations and a number of similar groups. Not only are all these groups under observation by law enforcement but he will have to explain to them why he has had a change of heart and does not want to volunteer to work for their cause as they think he does. Once you have given money they will never let you alone. If you need similar ideas that I don't feel free to be specific about there are books on "getting even" with people that have some diabolical stratagies.
Reporting his property such as cell phones and cars as being stolen - false but plausable liens - opening foriegn bank accounts in his name - ads in newspapers for sales of things he is not really selling - orders for illegal pornography to his business - false letters of resignation to associations he belongs to - letter trying to extort refunds or goods from businesses he has bought from or not - orders for book clubs and sucker type goods like franklin mint - all done at once will make his life so complicated that he will not have a chance to bother you for a long long time.
[ edited by gravid on Apr 8, 2001 10:17 AM ]
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dubyasdaman
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posted on April 8, 2001 10:06:45 AM
It is that easy, and great for purposes such as this...it does make me wonder how easy it would be for someone to claim ownership without a legitimate claim for such.
It is VERY easy for someone to claim the rights to someone else's work. ebaY basically will recognize the first person to sign up with VERO as the legitimate rights owner. This is why it's important to act quickly when you see that someone has ripped off your intellectual property. Someone could actually buy your product, copy it, join VERO as the rights owner, and have YOUR auctions ended. You would then have to prove that you are the rightful owner of the intellectual property in question.
The way I protect myself from this is by mailing one of my new items (before I put it on my website or ebaY) to myself via registered mail. When it arrives I sign for it but I DO NOT open it. I put it on a shelf until the time comes (not that often thankfully) that I need it to prove ownership. This has saved my butt in court 4 times when I've had to sue to recover damages from piracy and stop illegal distribution. The court accepted the unopened package with my registered sticker on it as evidence, opened it, and verified that the material inside was owned by me as of the mailing date. I won all 4 cases.
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dubyasdaman
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posted on April 8, 2001 10:13:01 AM
insightwatcher:
I sell informational "how-to" guides that I have written. The most profitable thing you can sell is information, and there is almost ALWAYS a demand for it if you choose your subjects carefully. My dutch auctions always do very well and every once in a while they go through the roof. Life is good when you can sell large quantities of an item for $15 per unit when it costs less than 50¢ to produce.
The downside is the ease with which it can be stolen, copied, and distributed illegally, taking money out of YOUR pocket. That's why you have to be diligent and aggressive when protecting your intellectual property, including your photos and ad copy.
[ edited by dubyasdaman on Apr 8, 2001 10:15 AM ]
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ultraman187
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posted on April 8, 2001 02:09:05 PM
last month I too had my entire description stolen word to word, and I even mentioned a feature that was only available for the DVD version of the film, and this seller was selling a VHS of the movie, so he was mentioning stuff that wasn't even available in what he was selling!!! I contacted safeharbor, but they said they cant do anything unless I sign with VERO so looks like thats what you have to do!
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reamond
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posted on April 8, 2001 02:41:56 PM
The only problem with the copyright issue is if you have someone who has read the DMCA.
All the offender has to do is send a statement to ebay swearing that to the best of his/her beliefs the material is not infringing.
Once ebay receives the statement, the other party has 10 days to institute legal injunction IN THE JURISDICTION OF THE OFFENDING PARTY.
If the party doesn't act within 10 days, the offending party gets to repost the material.
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dubyasdaman
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posted on April 8, 2001 04:38:48 PM
If the party doesn't act within 10 days, the offending party gets to repost the material.
True. I always file suit within 3 days if possible.
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mrssantaclaus
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posted on April 8, 2001 10:18:00 PM
GRAVID -
Whatever happened to the good ole days of filling a brown bag with dog poop, putting it on the offender's porch, and lighting it?
lol ....
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