posted on June 16, 2001 08:12:49 AM
OK, I need some feedback here -- I just joined the not-so-select club of people who have had auctions stopped because of VERO abuse. Following advice that I have seen on this board, I'm going to send the following counter notice to Ebay and the VERO. Do you think this fills the bill according to the DMCA? Thanks for any input .... El
has been ended because the copyright owner complained.
With this email, I am filing a counter notice to the complaint and a request for reinstatement of the auction for the same length of time that it was previously set for (7 days).
Under penalty of perjury, I state that I am the legal owner of the individual item in question and that I have a good faith belief that this auction was removed by mistake, due to my rights under the Digital Millennium Copyright Act, as follows:
"Section 109 of the Copyright Act, 17 U.S.C. 109, permits the owner of a particular copy or phonorecord lawfully made under title 17 to sell or otherwise dispose of possession of that copy or phonorecord without the authority of the copyright owner, notwithstanding the copyright owner's exclusive right of distribution under 17 U.S.C. 106(3). Commonly referred to as the ``first sale doctrine,'' this provision permits such activities as the sale of used books." -- http://www.loc.gov/copyright/fedreg/65fr35673.html
I consent to the jurisdiction of Federal District Court for the judicial district in which the my address is located and will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
Under the DMCA notification process, I expect to receive notice from Ebay that "it will replace the removed material or cease disabling access to it in 10 business days."
In addition, also under the DMCA notification process, I expect to receive notice that Ebay has replaced "the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network."
posted on June 16, 2001 09:11:22 AM
I have found in the passed the VERO gestapo
Loves the confrontation that this kind of language
will bring to your case....
Exactly what was they item they yanked and by what member?
posted on June 16, 2001 09:12:38 AM
This reads well but eBay will require you to fill out their form regardless. It's downloadable, email [email protected] if you need the link sent to you.
posted on June 16, 2001 09:57:21 AM
file right away I made the mistake trying to work things out with the vero JERK i got nowhere and it just wasted time.
posted on June 16, 2001 02:50:37 PM
I've gotten the Counter Notice form from Ebay, and have been reading the back threads that I remembered on this topic. I'm still going to send it in because I what I am selling and the way I'm selling it is perfectly legitimate.
I would be happy to tell the name of the manufacturer and what the item is, but I don't know if the board Gods and Goddesses will allow it. Moderator?
El
"The customer may not always be right, but she is always the customer."
posted on June 16, 2001 03:14:44 PM
OK -- The item was a pair of women's silk slacks with the brand name "Selena" - yes, you guessed it, the VERO is the Estate of Selena Quintanilla Perez. I purchased the pants from a reputable retail store, so they are not fakes. I believe the doctrine of first sale applies in this situation.
El
"The customer may not always be right, but she is always the customer."
(edited because I can't type)
[ edited by eleanordew on Jun 16, 2001 03:18 PM ]
posted on June 16, 2001 04:48:09 PM
the first sale doctrine does apply in the case provided that you do not have an agreement with the wholesaler specificaly to resale online or use the brandname in your sale, such as many discount syores like big lots and good stuff cheep. If you are the owner of the pants, and you are not trying to copy the merchandise, if you are not trying to re sell the item as personal property you are covered, however the way you represent your item will get you flagged.
you tos needs to have a statement of " i am the owner of this merchandise, an i offer it for resale to recoup monies paid out by me for this merchandise and hereby offer this merchandise up for bid according to the terms of service set forth by ebay or whoever." YATA yATA ,
.......if the item is trademarked placea statement that selena is a trademark of the selena estate or whatever, and that you are offering this privatly owned item up for resale, if you are not reproducing the item and saying they are the selena brand the vero reg does not apply.............................
every 20 seconds in america a woman is giving birth:SHE MUST BE FOUND AND STOPPED!!!!!!!!!!!!!!.................................................................
posted on June 16, 2001 06:46:10 PM
yup
every 20 seconds in america a woman is giving birth:SHE MUST BE FOUND AND STOPPED!!!!!!!!!!!!!!.................................................................
posted on June 16, 2001 07:25:32 PM
ARGH! This is embarrassing.
I just discovered that I had a typo in the title of my auction. Instead of "Selene" (the correct brand), I typed "Selena". It was correct in the description. You gotta know I WANT to say a bad word here!
Now I have to ask them if I can relist the
@#&&&%&^%^ item under the correct brand.
Thank you all for your help ... it actually did calm me down today.
Moderator, I think you can close this thread.
El
"The customer may not always be right, but she is always the customer."
