akmcmc1
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posted on October 17, 2002 11:15:28 AM new
I can't belive this, I was browsing some autions of some things that I have sold and am about to list again. I look at one and lo and behold it is my picture! I know this becuase it's in MY house sitting on MY countertop!!!! And this chic is in Canada!!! About 1000 miles from me!!! Should I email her??? Is this a common thing and I should just relax?? I just wished she would have asked. Any thoughts?
added:
And this is also a featured auction! So the picture is plain as day when you pull up the page!
[ edited by akmcmc1 on Oct 17, 2002 11:21 AM ]
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eauctionmgnt
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posted on October 17, 2002 11:27:36 AM new
akmcmc1,
I think you definately have reason to be upset. I don't let anyone get away with stealing my work... and neither does eBay. It is considered to be Copyright Infringement to use another users text or images without their permission. You have two options:
1) You can contact eBay and inform them of the situation (through the SafeHarbor Rules and Safety section). They will send you a Copyright infringment form that you will have to fill out (showing that the work is truly yours). Then, they will cancel the auction... and will also inform the other seller that you turned them in. The process takes about 2-3 days to get results (which in my opinion is far too long...since the auction could easily end and have a buyer at that time!)
2) Another method is to contact the seller directly... explain to them that they are violating your copyright by using your image, tell them it is against eBay policies, ask them to remove it from their auction, and tell them you will contact eBay if they do not comply.
Hope that helps! Personally... I use a tag-line in all of my auction descriptions. Then, I routinely do a search (including title & description) in my category for my tag-line. I usually find about 1-2 offenders a month. Their auctions are always canceled. Good luck!
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jensmome
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posted on October 17, 2002 11:43:45 AM new
Did you check (right click) to see the source? If you are using your own FTP they may be using it, too. If that's the case, just substitute another picture or the same picture with big red text "Stolen" across it.
Nothing like a featured stolen auction. LOL.
[ edited by jensmome on Oct 17, 2002 11:44 AM ]
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akmcmc1
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posted on October 17, 2002 12:01:22 PM new
eauctionmgnt: thanks for the advice. I am currently searching the safe harbor area for sending that in.
jensmome: i understand what you are saying, but I have no clue how to do that! Can you give me a little more info. I am really computer illeterate! Thanks!
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AladdinsGenie
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posted on October 17, 2002 12:17:00 PM new
This same thing happened to me awhile back. It was a collectible item too and no way they could have had their item look exactly like mine. I e-mailed the person and told them to take my picture off their auction or I would turn them in to E-Bay(I pasted E-Bay's policy on this into my e-mail also). They took it off right way. It makes ya kind of mad after going to the work of taking the picture, uploading, ect. and then someone else taking 5 seconds and stealing it.
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AladdinsGenie
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posted on October 17, 2002 12:22:27 PM new
Oh, here is an idea- not an ethical one or a correct response but something that would be nice to do. If you find somebody with a stolen picture, place a bid of about $20,000 on it using a second ID and then inform them at auction end that you are the owner of the picture and sorry you have no money. True, they can get their money back, but it will be frustrating for them.
Although on second thought they could probably find your real ID if they tried hard enough so never mind.
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slabholder
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posted on October 17, 2002 01:17:58 PM new
Psssst... what's the item number?
[ edited by slabholder on Oct 17, 2002 01:18 PM ]
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jensmome
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posted on October 17, 2002 02:01:45 PM new
I'm not too literate either. If you right click the mouse over the stolen image the pop up box will have at the bottom "proprties". If you click that it will give you the location of the picture. Even if they copied it and are using their own FTP or a third party like AW, they probably were too stupid to rename it.
If it's still on your FTP and your auction is over, just delete it - they'll have a fat red X where the picture used to be. Or after deleting it you could upload a picture of something else, preferably disgusting and name it the same as the stolen picture. Then they'd have a disgusting picture featured. Your options are limitless.
Also, what slabholder said...it'll help you get really specific advice.
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tooltimes
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posted on October 17, 2002 02:23:56 PM new
The vast majority of online photo 'borrowers' do this: right button click on the image at when the info box pops up they select "Select Picture As". They place it in a favorite file or even place it on their desktop. Renaming the file is usually only an unnecessary option. Next they uploaded the image to their favoite web-based image hosting service or ISP hosting site or whatever and link from there. At that point the original owner has no control over the image.
Just some info on how most images are 'liberated' on the internet.
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akmcmc1
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posted on October 18, 2002 05:45:36 AM new
Thanks for the responses everyone. I did turn her in to Safe Harbor, but I have not heard a reply. Here is the item number. SOrry that I don't know how to post a link.
Item # 1777304859
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tomwiii
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posted on October 18, 2002 04:52:22 PM new
this image is being hosted here:
http://ebay0.ipixmedia.com/abc/M28/_EBAY_da5ec1b8347f4f85d30c471099f3e566/i-1.JPG
Is this you? If so, ye can have some real FUN with said bozo! 
Help send RALPHIE to school! Please click:
http://www.sparedollar.com?ref=260
I LOVE ENDICIA!!!!
http://www.endicia.com/default.cfm?referredby=a112
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tooltimes
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posted on October 18, 2002 08:35:45 PM new
I'm fairly certain the stolen picture was loaded onto ebay's ipix's servers and now it can not be modified now as it is on ebay's server and no longer linked in any way.
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docpjw
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posted on October 18, 2002 10:40:13 PM new
About a YEAR ago I noted the same thing Happening to one of my "Closed" auctions in "Outlook". Seller stole my Pic (High-End Women's Fragrance) and used it to sell a "tester" of the Same Fragrance (My picture was a Sealed "Retail" item, Trust Me VERY Different). The Responses here were pretty Funny. What was interesting is about Half thought I should post something nasty to the Link (But it was ebay's picture "thingy" I think)Basically REVENGE (I appreciated these), what was REALLY interesting was the OTHER Half thought I should Be HONORED that someone STOLE My picture or Ignore it and Just accept it. One said I could get NARU'ed if I told the seller's Bidders that the Picture was Mine (Still Laugh at That posters comment, Don't know if they post here anymore, But they Claimed eBay could claim Auction Interferrence, Still smile over that). But it still amazed me ALL those posters telling me it was OK, I Think most of them were EXPERT "Stealers". 
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tooltimes
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posted on October 19, 2002 06:08:26 AM new
I believe the people that told you you could get suspended for writing bidders of the seller that stole your image were correct. YOU know it was your image but ebay doesn't. In ebay's eyes YOU could have stole it from the other guy or even a third seller.
If a seller is selling the same thing over and over again and has a great image then I can see that they might get a little upset. There are very simple ways to make your image difficult to steal that will thwart a lot of the image theft by newbie sellers. If your image is a one time deal and the auction ended with a sale then where is the harm?
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jmkssi
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posted on October 19, 2002 08:20:09 PM new
let me pose another question. What if the picture you "appropriate" for use from another auction is a stock photo from the manufacturer? Is that considered acceptable use if you "borrow" it for your own use? I'm assuming at no time should you ever just point to someone else's hosted picture not just for the aforementioned payback by substitution of disgusting picture but really it's theft of (hosting) service.
Thanks for your advice
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tooltimes
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posted on October 19, 2002 09:31:59 PM new
If you look at the major electionics item auctions you can easily see that a HUGE percentage of those auctions have actual photos and text from major manufacturer's website. It's always been that way on ebay and the manufacturers have done nothing to stop the practice. It may be unethical but there is a heck of a lot of unethical behaviour in everyday business dealings, either on ebay or not.
Like I said, only the rookies steal a link instead of merely copying the image. Of all the unethically borrowed images perhaps only 5% or 10% are borrowed links.
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akmcmc1
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posted on October 19, 2002 09:33:23 PM new
UPDATE:
After emailing eBay, and having them send me a form, and them emailing them back AGAIN, they respond by telling me that they can't do anything until I prove it is my picture. I have no clue how to go about proving that. I took it with my digital camera, uploaded it, and then erased it off my camera. How the heck am I supposed to prove that I had to to begin with?!?!?! ANYWAY, since the auction ends in less that an hour (while I write this) I don't see the point in even worrying about it. It's aggrivating that eBay won't do anything, but at least I tried. Thanks for everyones help and advice!
Amy
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slabholder
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posted on October 20, 2002 01:06:19 AM new
I'm sure the seller does not have the same furniture you own. The background is your proof.
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gottaluve
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posted on October 20, 2002 06:16:01 AM new
Hi,
Give them the auction number where you first used your picture yourself before this bozo stole it. That should be proof enough.
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