posted on November 2, 2000 05:41:39 PM
We have another seller using our pictures
in their auction. We started putting our
name on our pics after reading this here and
it has made a big difference in this sort of thing happening but now this seller is using the picts with our name and all. Would you guys contact them? OR just leave it alone, I don't want to appear to be a b**** and upset or cause problems with another seller. I am very easy going and brush most things off, but man we all spend alot of time and effort in getting good, clean, clear pictures.
Any advice?
posted on November 2, 2000 05:45:53 PM
Does he steal the picture or link to it??
If he links to it---change it to a pile of poop....if he steals them--send him a Billpoint Invoice for use of Copyrighted material---or contact Safeharbour
posted on November 2, 2000 05:55:03 PM
Is this person linking to the pictures on YOUR server (you control it), or are they copying them to a space they control?
If they are copyuing them to their server, contact their ISP and let them know that the person is violating copyright ... give them the filenames and say that the pictures have your name on them, and were illegally copied from your auctions.
IF (and I hope this is the case) they are just linking to the pictures youi uploaded, that means YOU control what shows up on their pages
1. If the picture is to an auction that has not ended, DELETE it and upload it with a new name and edit the auction.
2. If the picture is to an auction that
has ended, you can replace the picture with ANYTHING you want. QUICKLY bid on it (with your cat's ID) so it can't be edited! Then upload the picture of your choice:
a. A BLACK SQUARE (10,000x10,000 pixel JPG or GIF)
b. A JPG or GIF of text saying "This picture was stolen from another auction, I am a dishonest person, do not buy my stuff."
c. An imkage of the item, but in REALLY CRAPPY condition ... or with lots of extras, and text in the picture promising the bonus stuff.
d. Full-frontal aruosed male nudity or other "gets auction cancelled" sort of gross imagery. (click on the links in any porn spam to get plenty of suitable material).
posted on November 2, 2000 05:58:17 PM
I would sincerly write the seller and tell them how sorry you are that your item got some how in their auction booth.
then ask him if he could please close this sale since you sold the item already
WWW.dman-n-company.com
posted on November 2, 2000 06:04:50 PM
I would email [email protected] with the offending auction number(s) and a short note explaining the infraction. The auction(s) will be closed in a jiffy. If he does it again, do the same thing and he will most likely be NARU'd.
posted on November 2, 2000 06:09:01 PM
dman3: We have not sold the item yet our auction has 3 more days to go and does have bids on it. Theirs was just posted today using our picts. I will first check to see if the copied it or linked to it then, I will email them like you suggested and will try to maintain a business like attitude about it. Thanks
posted on November 2, 2000 06:16:00 PM
if anyone wants a "not suitable for eBay" picture to link to, email me at [email protected] have one that will be SURE to get the auction canned. LOL...it sure does feature full frontal nudity of Amazing Proportions. (someone sent it to me as a joke, would be hilarious to pass it on!)
posted on November 2, 2000 06:27:09 PM
If they are linking off your server space address it should be easy to thwart them, but I don't know if you can change the filename of the picture if you have bids- and I don't think you want to put an embarassing picture up on your auction so it will be on theirs.
If it is not linked, I'm not sure how you can offer proof that the picture is yours if it came from a digital source. And by the time you might offer proof, the auctions will be over.
posted on November 2, 2000 06:36:04 PM
If the pic has sylswa's name on it, no further proof should be required. Why would another user put sylswa'a name on their pic?
posted on November 2, 2000 06:48:40 PM
A short note that says you are aware of your copyrighted pictures being used without permission and ask them if they would like a five-year long lawsuit at the Federal level in which case they get to pay all the fines and all the legal costs. Give them forty eight hours to remove the pictures even if they have to end the auctions or you will call your lawyer.
posted on November 2, 2000 09:40:06 PM
Thanks everyone. I am going to first see if
they are linking to my picts or copying them,
before contacting them, I believe in giving a benefit of doubt so I will email the seller first and if they reply rude or do
nothing and continue to our picts then I will go to safehabor about it. That is IF
I can ever get into eBay tonight can go
everywhere eles but eBay just that wonderful
white screen and nothing, have done everything I can think of to get on even went to the other computer that is on phone line instead of cable same thing--Oh Well tomorrow is another day!! Thanks again everyone.
posted on November 3, 2000 06:37:33 AM
It would be interesting to see if someone would take someone to Federal court over an auction picture. It wouldn't even be worth the legal costs to get an injunction, much less a suit for damages. However, a lawyer will happily take your money if you want to pursue a "principle". Do you people actually think the legal system was made for the little guy ?
If you claim infringement to eBay, you'll need to sign a from provided by eBay that states under penalty of perjury that it is an infringement. The "infringing" party need only sign a statement to the contrary and you're back where you began, unless you take it to the next step, which is a Federal court for an injunction. You also must stipulate that the court venue will be the choice of the "offending" party. How much can you spend on travel for your lawyer, or go about hiring one several hundered miles away, and don't forget your travel expences.
In our system, loser doesn't pay for the winners legal fees, except under very narrow circumstances, and few of those hold up under the scruntiny of an appeal. Another tenet of the legal system is that winning a suit and collecting the damages are two different things. A loser filing bankruptcy changes the "winners" prospects completely for collecting - if they had any assets to begin with. The "deep pockets" theory in law is not to sue someone unless they have the assets to collect.
Most of the public are taken in by the headlines of huge damage awards. You might be shocked at how little is ever collected, and how much the lawyers take - and you never hear about it when the award is changed on appeal. When a famous newspaper columnist and writer sued a major motion picture outfit for copying his published work that became a somewhat successful movie, he won a large award from the court after nearly a decade fight. But after the dust settled and he paid his lawyers and other costs, he actually lost money !!
In the digital age, putting a "name" on a picture is meaningless, anyone can put your name on a picture - your name or anyone elses, and just as easily take it off without a trace.
posted on November 3, 2000 08:05:17 AMIn the digital age, putting a "name" on a picture is meaningless, anyone can put your name on a picture - your name or anyone elses, and just as easily take it off without a trace.
I personally know of 6 auctions where eBay pulled the ads within hours for using stolen photos. eBay does take this seriously and they act almost immediately.
posted on November 3, 2000 11:10:47 AM
Well, I sent them a very nice note and just ask that they please check their auction and
remove our picture that somehow is showing
up in their auction.
