posted on March 4, 2001 02:41:16 PM new
Hi. A seller on eBay recently went to my online site and purchased the same item he sells. I state in my auction description that I include free software that makes the hardware work better. Since the product has long been discontinued, I am providing install instructions, troubleshooting tips along with the remote.
I feel the 'customized' text and free software I includes distinguishe my auctions from other sellers, consistently selling for much higher.
Should I sell to him? I feel I may lose my competitive edge if he can see what I've done.
Am I being paranoid? What do you all think?
Thanks,
Sun818
[edited for grammar errors. =)]
[ edited by sun818 on Mar 4, 2001 03:20 PM ]
posted on March 4, 2001 02:44:46 PM new
Hum, tough question! How does eBay's Vero program work?? Can't you register your personal property and stop this competitor from selling it??
Sorry, this may be a stupid suggestion. I'm not really familiar with software sales
posted on March 4, 2001 03:06:43 PM new
This is a dangerous game to play and I'll tell you why. This person could buy your item, copy it, and then register himself with VERO as the legitimate copyright holder and have YOUR auctions ended. I'm a member of VERO and I know other sellers who have had this happen to them. I WOULD NEVER sell to a known competitor unless I was the registered copyright holder (with VERO) first.
Here is a trick that has saved my butt in court twice: Mail one of your items to yourself with restricted delivery (you'll have to sign to pick up the package). Then, DO NOT OPEN the package. Leave it sealed. The postmark will prove that at least you had posession of the item as of the date it was mailed. This provides proof of ownership unless the other party can prove that they had it before that date.
posted on March 4, 2001 03:43:18 PM new
If you refuse to sell, you may get negative feedback and if the person really wants the item, s/he could always have a friend buy it the next time you list it.
posted on March 4, 2001 04:07:06 PM new
If you write the software and the extra instructions, COPYRIGHT THEM NOW!!!! It costs $20 and is a batch of forms and a PITA, but it's the way to give yourself some legal clout.
Also make sure that you mark the (C) on anything you sell, prominently on the diskettes, etc., and make sure you keep an eye on this competitor's sales.
posted on March 4, 2001 07:17:07 PM new
Yes cover thy butt and then later if you have any question of what he is doing have a friend buy one of his items because if he sees your name he will probably send a bare item out without the enhancements.
Of course he may add them to the auction description and you will know.
Could he very easily change the wording and software enough to remove it from the copyright protection?
posted on March 4, 2001 07:38:02 PM new
Selling to your competitor may be the best opportunity to open the lines of communication, and maybe the last chance. Try it..
posted on March 4, 2001 08:11:20 PM new
Thanks for everyone's suggestion. I will probably register the software and make a copyright on it. As I am constantly upgrading the software and documentation, I'll tell the buyer that it is "unavailable" until the next release.
