posted on May 2, 2002 12:19:31 AM new
I sell a line of collectibles that includes hundreds of unique items. Every month another 6-10 items is released by the manufacture. I have spent hours putting together pictures and auction descriptions.
Nearly every day I get e-mails from my customers notifying me or questioning me as to why another seller is using my picture and often my word for word for word description. They usually want to know if this is me to and if they buy it and add it to their order can they get my shipping discount.
I spent a few hours surfing through other auctions in my category and found literally hundreds of auctions from a number of sellers many of them fellow powersellers that were using my pictures and often times my auction description verbatim.
This is not a new phenomenon, it has been happening to me for years. It used to be that people could just click on relist on anyone’s auction and then cut and paste the auction description. That way they not only got the FTP address for were I was hosting my pictures and they didn't have to figure out the HTML to make the description LOOK identical as well as read identical. Fortunately, eBay has corrected that, so now at least the slackers have to find a place to host my pictures after they are done copying and pasting them.
My tolerance level was finally exceeded so I decided to complain to Powersellers. I got a polite and sympathetic response saying that unless my pictures and descriptions are COPYRIGHTED they really can't do anything about it! There is more then one seller that is trying to take advantage of my reputation and my customers. I have gotten to the point were I no longer put my name on my pictures because people DONT crop it out when they copy it. Yet there is nothing eBay can do? Not even a polite warning about infringing on the intellectual property of another user or something?
Here is the real laugh though. I get current items in the line from the manufacture and distributors. But once items are retired they are available only on the secondary market, hence I also buy collections on eBay. I spend hours looking for the hard to find items, finding the best collections etc. I began to notice that I was consistently being outbid by a handful of people. I checked out their buyer bidder history and in several cases it was IDENTICAL to mine. It was obvious that instead of actually conducting a search in the category, they had narrowed it down to conducting a search on what I was bidding on. A tactic that must save them hours but doesn't really seem fair. As a result, I opened up a new user ID and am now using it to bid with.
Today I get an e-mail from one of the culprits who not only uses my pictures and descriptions but also stalked me when I was buying inquiring as to why I was no longer buying? Have I found another source for the harder to find retirees? At first I was shocked, I felt like this was adding insult to injury. I started to write a scathing reply. However, my husband convinced me to delete the e-mail and not respond. His point, which is probably right, is that they would enjoy knowing how badly they have gotten under my skin! However, I need to vent hence this posting. If anyone has some creative ideas on how to handle this, they would be greatly appreciated!
posted on May 2, 2002 04:23:30 AM new
Why not just tell them that you can now buy them at the manufacturer's outlet cheaper than on ebay - and just ignore them when they ask where this "outlet" is?
posted on May 2, 2002 06:10:22 AM new
Searching by bidder isn't a tactic -- it's a standard feature in the eBay Search engine. It saves time only if you're doing it the hard way. If the same bidders are consistently searching for the same items as yourself (and outbidding you), perhaps you should do the same thing (e.g. Search by Bidder) and get them to work for you for a change?
posted on May 2, 2002 06:17:16 AM new
Your pictures and description ARE copyrighted. Just the simple act of creation copyrights them. Send the offenders a copy of the auction and a bill.
posted on May 2, 2002 06:33:08 AM new
mlecher is correct. I would suggest you keep e-mailing eBay. I too have had this problem in the past.... and usually get no results from my first contact with eBay. However, by the 2nd or 3rd try, I usually get someone who knows what they're doing and the offending auctions are yanked. Try sending it to both the powersellers e-mail AND the standard safe-harbor complaint route. The more places you complain, the better chance you have!
I also have a good suggestion for you on how to find auctions that are being copied word-for-word. Do you use any key-phrases in all your descriptions? For example, if you use the phrase "Everyone should have one" in all your auctions. If you put your key phrase inside quotation marks in the search field on eBay and check the "include auction descriptions" box, it will search all the auctions on ebay for that key phrase. I find that there are usually less than 400 auctions on the entire site that use my key phrase. (sorry not gonna share mine... 'cause I don't want more people using it!) It makes it much quicker for me to search through and find auctions that have been copied. Hope that helps!
posted on May 2, 2002 07:21:42 AM new
The oringinal poster's story part about the the copycat bidders reminded me of a true story about driving in the dense Central Valley fog of California. One day the fog got extreme thick and a fearful motorist saw a pair of tail lights and decided to follow that car and let it blaze the trail. That tactic worked great till suddenly the pair of headlights stopped. The furious fog follower got out of his car and went up to the stopped car that he was following and demanded to know why he had stopped driving.
The driver replied "because I'm in my garage".
posted on May 2, 2002 09:05:49 AM new
Now I am not knocking powersellers, but a long time a go there was a thread about the same thing. A powerseller answered it by. How do you think I can post so many auctions? It is because I copy others as I don't have time to write all the descriptions myself. This is true. What are the advantages of being a powerseller? I really don't see any but I might be wrong.
posted on May 2, 2002 03:54:20 PM new
Suggestion,
Put together a general 'form' email that is legal sounding and looking. Put a physical copyright in the actual listing, and in your pics, do something with the background that is 'unique' to you. If you are a photoshop user, use a very light overlay that has your name embossed in it repeatedly. Now, when they break the copyright. Send them the 'form' email (should be a 'pay' or quit based on the use, regardless of outcome of the auction) Give 72 hours to remove listing, or to paypal the money to you. When they don't do it send a notice to ebay of their illegal activities, as it is illegal and you have informed them of this. And then start contacting the high-bidders on their auctions and letting them know the scam that the auctioneer is pulling. yeah, that last part is borderline, but it is your intelectual property that is convincing them to bid.
And yes, you will have to defend yourself alot with this. And yes, vigilance is the only protection of intelectual property. Just ask the lady who created the 'happy birthday' song. She gets royalties at EVERY use on TV Radio, and Stage.
posted on May 2, 2002 03:57:00 PM new
I am a powerseller (who actually writes my own descriptions and use my own images). I had the same problem- competitors stealing my descriptions and images. I have found a simple solution. As a default at the end of all my descriptions is : copyright 2002- (my company name). When I see a competitor who has stolen my description or image, I report it to safeharbor, and my competitors ads are yanked by ebay in a matter of hours. After I report them, I email the offender and say if he uses my descriptions or images again, he will be hearing from our attorneys. Believe me, it did the trick. That will quickly put and end to it.
posted on May 2, 2002 04:05:59 PM new
mlecher & eauctionmgnt,
Sorry to burst your bubble, but simply making a picture or description does not make them copyrighted. You must officially have them copyrighted and post it as such before that is the case. Now what is happening in this case is morrally wrong, but most definitely not a copyright infringement.
I sell specific rare antiques. They steal my photos for their books, research materials, museum archives, atc.
I imagine it isn't just me who is hurt by this activity. Last year I was in attendance at a meeting and the speaker was encouraging everyone in attendance to download photos off of eBay to add to the organization's archives. See what I mean? Don't bid to buy. Just steal the information and photos from the seller without bidding.
posted on May 2, 2002 08:56:21 PM new
Thanks for the great ideas, I think that as I write new descriptions and take new pictures I will follow some of the suggestions.
I actually called my gold powerseller account rep at eBay today. I have only spoken with her on one other ocassion simply because I have become so use to eBay's inability and or lack of desire to correct issues that I seldom waste the effort any more.
I must give her credit though! I gave her the names of the top three offenders that were using my verbatim description and picture and she indicated that they would look into it. Not 30 minutes later I got a call back, YES FOLKS eBay CALLED ME! My account rep indicated that while she was not at liberty to discuss the details that she was confident I would find the problem resolved to my satisfaction.
When I checked the auctions had all been ended, every last one of them, and we are talking hundreds of auctions! I really want to send the person who sent me the e-mail asking me why I wasn't buying anymore an e-mail asking them why they aren't selling any more, but my husband is counseling me to be nice and not to gloat.
I am so impressed with my accout rep that I am having flowers sent to her tomorrow! I am also going to write a letter of appreciation!
