posted on November 16, 2000 10:10:44 PM new
Hello,
I was just lookin at eBay and did a search for one of my items, and saw that someone stole my auction title and almost word for word the description too. They have 2 of this auction up. I've been using this auction since last Spring and can prove it. Will it help to write to safeharbor or not? Please help me if you can. Mad as heck.
Thanks
fonze.
posted on November 16, 2000 10:33:14 PM new
I just don't see how we can do much in these kinds of cases unless we somehow "copyright our descriptions". I know people who sell CD's who go over to CD Now and copy their descriptions and inter-mingle them into their own ads.
posted on November 16, 2000 11:16:04 PM new
We had the same problem also and with our
pictures. I always believe in trying to give the benefit of doubt, even tho I was very upset when I ran into these auctions, sometimes these people are fairly new sellers and do not know any better yet (Yeah,I know they should) Maybe try email them, include the eBay link and explain the error of their ways...then if nothing do what is necessary. This has (so far) always worked for us and we have not had to turn anyone in. Thanks to everyone here for the links and their suggestions when were having the same problem.
posted on November 17, 2000 01:15:23 PM new
The solution is easy: VERO them. All you have to is fill out a simple form and fax it to eBay. The form basically says that you swear under penalty of perjury that they have violated your copyright (all work has implied copyright when it is created). After the first time you don't even have to fax them, you can just email your complaints.
posted on November 17, 2000 01:36:59 PM new
Music,
I know that is the way it should be, but the truth is when creating a description in most cases the auction seller has no copyright on the words they use. Why? Copyright laws with regards to written words pertain to creative original thoughts, or work. Describing an object does not fall under this jurisdiction. It is not an original thought.
While I feel strongly that stealing someone else's auction description is unethical, it violates no laws.
posted on November 17, 2000 02:45:18 PM new
Happens to me all the time with my selling id-I do my pictures with a 35mm camera, which hen devloped, are put online for 30 days. I really don't mind, but not once has anyone ever asked via email to use them.
Pirating of pictures and auction schpiels happen every day--most of time, there is nothing you can do about it-I often see a copyright on a picture-which I cannot do nor can I change that picture.With pictures and those on computers, just change the URL of that picture-let's say, they are offering a pretty figurine...replace that picture with a pig or something silly-as for word for word description, have seen that a lot as well-nothing, that can be done as I have written ebay before about it, unless it is copyrighted-am unsure how to do that!
Good luck!
PS Are they selling theirs cheaper than yours? Many of us just have one of any particular item, as I do.
posted on November 17, 2000 06:00:50 PM new
If I have one item to sell and see a seller is has not listed the same item in over 30 days, I ask the seller's permission if I can "borrow" their ad and picture. If they say no, I respect that. But so far, all the sellers I have asked said no problem. One even replied to my request with an attached descriptions and images. =)
