posted on April 23, 2001 09:26:22 AM new
It surely wouldn't be worth the money and time to purse a may be covered, so if one you sellers want, take it to court and lets get some definate answers.
I personally will harvest 2 or 3 auction descriptions of a similar item and then add some of my own to make my descriptions.
It's called working smarter not harder
Ain't Life Grand...
[ edited by Twelvepole on Apr 23, 2001 09:27 AM ]
posted on April 23, 2001 09:41:41 AM new
Some people think nothing of eating some fruit from the produce market while they shop. Everybody draws their lines so that their actions are justified in their own minds.
posted on April 23, 2001 09:47:24 AM newif you'd like to see my auction - it is #1130027448 (do search by item #). I won't list the other seller's auction # here - don't know if I can - but on the first page of the section - look for the very same description as the one on my number (above) and read the descriptions - you'll know what I'm talking about.
There is no need for anyone to just take the poster's word for this. The above is from a follow-up post on the first page. By pulling up the auction number, then doing a search of that auction title, you'll bring up the other auction quite easily. And if you check the description, you'll see that the other seller did copy a couple of sentences word for word and inserted 1 extra word in another sentence that is otherwise identical. And no way do I believe the wording of both was coincidental. We're not talking about a simple description like, "This is a hardcover copy of ... published by..." that 2 people could easily come up with on their own.
posted on April 23, 2001 09:48:04 AM new
I personally will harvest 2 or 3 auction descriptions of a similar item and then add some of my own to make my descriptions.
It's called working smarter not harder
===========
In my book, that's called "stealing," not "working smarter not harder."
I sell mostly antique silverplate and sterling at the moment. The pieces of a particular pattern are identical except for condition, yet every seller has a unique way of naming and describing them. These descriptions, along with the photos and TOS, steer buyers to a particular seller rather than the next one with identical merchandise. If you think it's just dandy to use somebody else's words to describe your merchandise (just adding a few of your own), I hope you're not planning on selling in my category anytime soon.
Oh, and yes, descriptions ARE copyrighted, whether you actually register them with the Copyright Office or not. Whatever you write (or fix in a tangible form) is copyrighted by you from the moment it's produced. Registration gives you additional legal avenues to pursue in case of violation, but it is not needed to prove your basic ownership of the material.
Is it petty or silly or time-wasting to pursue something like this legally? Probably. But it's sure worth notifying Safe Harbor and writing to the person who stole your material.
A number of very expensive suits have been won by owners who proved their material was stolen, even if the defendant added a few words or changed something a little bit. A work does not have to be 100% exactly as you wrote it to be "yours."
posted on April 23, 2001 09:55:03 AM new
Some people seem to run their business like they do their lives. They have no innovative ideas and are content to ride on the coat tails of others. Kind of sad but that is the way it is.
posted on April 23, 2001 09:56:02 AM newOf course, which is where it only really counts.
If you tried holding up a bank at gunpoint, I think you'd find that, although you might feel it is justified, yours is not the only opinion that really counts.
posted on April 23, 2001 11:07:39 AM new
Clevergirl, only when it involves uniqueness. If I write a letter to someone with general, common words, my thoughts are considered unique thus it would have intellectual property value.
However, a description such as "little red wagon with scratches" is not unique. Could you imagine a thousand people trying to describe a little red wagon with scratches, all trying to come up with a unique description?
posted on April 23, 2001 11:30:08 AM new
You know, the original poster gave enough clues so that you could look up the auctions in question yourselves, yet a few of you (by the nature of your arguments as to why this isn't a big deal over a few little words) still haven't bothered to check the evidence for yourself.
The following text is from the poster's auction already referenced by number on the first page of this thread. I've omitted the bullets and just included the relevant wording. This auction was the first to use this wording of the 2 involved, from what I can see.
"The decorative "hilt" area of the handle is somewhat loose - will not pull off, but "twists" slightly. I am no expert, but I believe that this area could be cleaned up very well and could shine with beauty! The detailing is beautiful and vivid - showing the eagle, flags, flowers, stars and shields very well." Item #1130027448
Now here is the text of the other auction involved, not listed by the originator of this thread. Note that there are more than just a few words borrowed here.
"The decorative "hilt" area of the handle is somewhat loose - will not pull off, but "twists" slightly. I am no expert, but I believe that this area could be cleaned up very well and could shine with beauty! The detailing is beautiful and vivid showing the eagle, flags, flowers and shields very well." Item #1136043855 (which is a relist of Item #1133213218 that contains the exact same wording)
This is a bit more extensive than talking about a "little red wagon with scratches" IMO.
Also, again I have to ask why the thread wasn't locked so the other seller could be invited? It's apparent that a few other posters here went to check the evidence for themselves, so I don't think I'm letting the cat out of the bag by posting the other auction number here. The original poster told us exactly how to find it.
posted on April 23, 2001 11:31:18 AM new
So how did we go from supposed plagiarism to Bank Robbery?
But to answer this OT question... In the Bank Robber's mind they are justified.
Sonsie
In my book, that's called "stealing," not "working smarter not harder."
Glad I don't use your book.
Also PROVE IT'S YOURS.... you have to prove it is yours and only yours...is it worth your time and effort and money to do so? If so go for it, I for one will admit you are correct as soon as I see this brought to court and the offended seller wins.
Ain't Life Grand...
[ edited by Twelvepole on Apr 23, 2001 11:32 AM ]
posted on April 23, 2001 11:50:12 AM new
It has come to my attention that there is sufficient information provided to identify the seller, so I'm going to have to lock the thread. Auctions may be discussed in a general way, but discussing the seller is a violation of Community Guidelines.
posted on April 23, 2001 11:52:14 AM new
Thank you for locking as I had already requested it twice - I think all has been said about this that can be without doing "damage". Thank you everyone for your comments.
