posted on December 27, 2000 06:48:53 AM new
[copy of an email recently sent to a current eBay member who includes a link to her website in her listings ... and eBay complains about me including a link to my own email adress!!]
Dear Ms. XXXXXX:
Your website advertises items that are copyright protected by our clients. You are hereby ordered to cease and desist immediately. Based on your internet records there is overwhelming evidence that you knowingly took this action. You have also publicly posted these items in
internet newsgroups. The MPAA, in conjunction with Internet Service
Providers (ISP), monitor the internet for such violations.
Federal copyright law allows the MPAA to take legal action under the fair use clause of the 1984 Supreme Court decision. You will be personally served such notice.
You have options that are generously granted by the MPAA. These include:
1) the immediate and voluntary secession of this website and any future websites concerning copyrighted materials,
2) the voluntary surrender of all video tapes, video taping equipment, and/or video playback devices including DVD players.
You will receive a copy of the aforementioned agreement from our east
coast representative within ten (10) days. Failure to comply with this agreement will compel the MPAA to take formal legal action as provided under law. Monetary judgements against you will become part of your
permanent financial record. Liens will be placed against all property owned, or jointly owned in your possession as of XXXXXXXXXXXX. Future earnings will be garnished until such time as monetary penalties have been alleviated.
This agreement is non-negotiable and leniency is not granted for alerting the MPAA to other potential violators. Lists of clients are not solicited or investigated. The MPAA has found that frequently these lists contains false names or less than credible evidence.
Should you have any questions regarding this unfortunate situation, please do not hesitate to contact the MPAA at this address or at (918)395-5520 (toll free 1-800-NO COPYS).
posted on December 27, 2000 07:48:50 AM new
Well, was she selling LEGAL copies or not?
If it's got bootleg tapes, more power to the MPAA ... it's the royalties and profits from legal sales that pays a lot of salaries (for the resellers AND the makers)
posted on December 27, 2000 08:06:10 AM new
I can't offer any advice on the CD's, but the video tapes she offers for sale on her site (and eBay) are totally illegal by all definitions, including those on the eBay pages. Incidentally, the MPAA missile was dated in early December of this year. I'm not sure if this gal's website is still in operation, but I do know that she has been reported to SafeHarbour several times. Her last successful auction for bootleg videos ended a couple of weeks ago. Her ID (at that time) had a new pair of shades, and the auction ran as "private". She is probably still successfully listing and selling her stuff on eBay ...
posted on December 27, 2000 02:12:23 PM new
If she is selling bootleg videos, she is aware of what she is doing - and the fact that it is illegal. Unless, of course, she has never seen a video. As the owner of a video store, I can assure you that MPAA does act on copyright infringing items and has many agents spread across the USA. Video stores routinely pay $82 and more for each copy of a New Release they have in their store. I applaud their efforts in this area. Now, if only something could be done about the black boxes ......
posted on December 27, 2000 03:34:13 PM new
Silly me bought a video from Half.com seller. New movie, I should have known it wasn't out on vhs yet. Paid a good price, got it very fast. I, fool that I am, left good feedback right away. I can watch the movie, but I can barely hear the movie with sound turned full blast. Oh well, you get what you pay for.
posted on December 27, 2000 05:16:57 PM new
mrssantaclaus---
just wondering---are you not allowed to buy a regular $14.99 legitimate, studio-released copy of a movie at, say, a place like Target to rent in your store? Why do you have to pay $82 for a single movie? I realize that a rental place needs to get their movies faster than most stores have them in stock, but other than that, is there any rule against buying a copy of say, Casablanca that you bought at Target, and renting it to people at your shop?
I have always wondered why video store replacement fees are like $70.00 or more when I have seen the same movies selling for 9.99 at discount or chain stores. Maybe this has something to do with it?
posted on December 27, 2000 05:32:38 PM new
If you look at some of the titles that haven't been released yet on amazon.com, you can see that some are priced for the Rental Market.
:\\\"Crystalline Sliver cannot be the target of spells or abilities.
posted on December 27, 2000 07:59:03 PM new
brighid868: Video rental stores have access to the movie before you see it on the shelves for $9.99. If they want it on their shelves they have to pay $80 - $100 for a copy. A month or so later you may find it at Wal-Mart.
A good example of this is The Patriot. It has only been released to the general public on DVD. The VHS is:
posted on December 27, 2000 08:07:10 PM new
avaloncourt ... no one doubts the numbers. I believe the question is (and I have been wondering this too): "If I can buy a new release at WalMart for 9.99, why can't the video rental joint buy theirs at WalMart too, instead of paying 100 bucks to the studio for a copy."
posted on December 27, 2000 08:14:10 PM new
RB, tape "trading" is just as illegal. So is copying a video onto a blank tape and "giving" it away, or charging only for the media.
This has all been discussed ad infinitum. Do we really need to drag it up again? Really, my finger is getting tired from all this finger-pointing.
I stated long ago that, in my opinion, the historical significance of some documents justifies their reproduction and distribution (sale). That doesn't include copies of "The Patriot" which are available at any Blockbuser Video store. Again, that is my opinion.
In my life I've done far worse than sell bootlegged concert tapes, and I don't intend to answer to anyone here for it. And for the umpteenth time, I haven't asked you to justify your tape trading.
posted on December 27, 2000 09:06:55 PM new
twinsoft ... where did you get the idea that my tape trading involves "The Patriot" or ANY other movie??? I have never copied a movie for trade, either off air or from my movie collection (all store bought, studio tapes and DVDs by the way), or from a rental. My trading is strictly limited to episodes of television series' only that have never been released commercially, and/or stuff that I cannot get (e.g. sci fi series' and sit comes from the UK).
Whether you agree with this or not, my hobby has been challenged in court and the results are very well known throughout my circle. I dare anyone to point to a legal opinion that states what I am doing violates copyright or any other law.
Now, bottleg concerts etc. are illegal ... I don't deal in those and I never have.
posted on December 27, 2000 10:32:51 PM new
maybe it's time for a new hobby??? or at least move it off ebay. This just doesn't look like a good place for what you are into. What you are selling may not be illegal but a lot of stuff on Ebay IS and so your auctions will always end up getting ended along with some of the illegal ones. I'm sure lots of your illegal rivals are still active but that does not affect the fact that I see lots of illegal tape auctions being ended all the time.
It's like if you are selling legal drugs next to someone selling "dope". The sweep is going to pick however many of you up the police chief feels like that day, the innocent with the guilty, and you will have to prove your innocence to reinstate yourself---probably many times. whether it was a vengeful tip from someone else or someone being mistaken about what you have or just SafeHarbor picking out your auctions by mistake, you're ignoring the fact that you are choosing to be engaged in an activity which although legal is mixed up in many people's minds with an illegal one. So you are going to be involved in mix up after mix up after mix up because those two are linked whether you approve or not. you are always going to have these same problems because of the overlap of "illegal tape trading/selling" with "legal tape trading/selling". my boyfriend has been a trader for years and has been wrongly busted too. Believe me, being "right" was not worth being threatened with having his legs broken or having threats against his life(which actually happened!) He decided there were easier things to sell on Ebay than legal tapes and presto all his problems with Ebay ended. I'm not saying you are bad or wrong or silly, I'm just saying you are fighting a losing battle. Keep it a hobby and don't let money get involved and you will be free of these hassles.
posted on December 27, 2000 10:48:54 PM new
RB, Legal, shmegal. Can I make it any clearer than that?
You and Ed123 seem intent on misinterpreting my every post. My reference to "The Patriot" was that I would not copy it because it is available through other sources. I personally draw the line at copying materials that are readily available through commercial channels, where distribution of underground copies would hurt commercial sales.
You seem intent on misunderstanding my words and engaging me in an arguement on a subject that doesn't really interest me. The last time I sold a "bootlegged" tape was about 15 years ago. I have no interest in them. In passing, I would say though that selling boots at eBay is stupid because sellers are exposed to eBay's rules and oversight by the recording industry. I'm sure you are aware that literally ANY recording can be found on Napster.
Please stop trying to engage me on this subject. I have no interest in it.
posted on December 27, 2000 10:51:10 PM new
Twinsoft: Please do not attack me by accusing me of misinterpreting posts. That is an attack on me personaly and is against the TOS of Auctionwatch.
posted on December 28, 2000 12:11:44 AM new
I'm with you, Twinsoft. (My hero.)
This is a subject I feel very strongly about. I collect bootlegs myself, it's an ART, I LOVE my collection, I am VERY proud of it, and I LOVE that I can find them on ebay! I wish they'd stop getting busted. My friends and I collect bootleg CDs and videos and trade them - and I would absolutely sell them myself if I didn't have to deal with the "eBay police" who don't know anything about this art form. Most of what I've bought are GREAT quality, and really amazing RARE recordings of artists' live performances you really can't find anywhere else!! And guess what - I once found someone selling MY music on ebay!! Did I contact VeRo? NO!! I was HAPPY to see someone passing along my music. Bootlegging perpetuates the art... keeps it alive. Most artists I know feel the same way. I'd rather pay a bootleg seller any day for some really good music, vintage rock concerts, than pay one cent to any major record label for the crap they are "legally" allowed to put out while they are ripping off the artists of their publishing rights and completely taking over all creative control. (Which these so-called "artists" are allowing them to do.) The record industry scum are the REAL thieves, but let's not get me started on that, we'll be here all night. I guess I can sum this all up in two words: Backstreet Boys.
Rocker <---- INDEPENDENT recording artist, BOOTLEG collector, and PROUD of it
posted on December 28, 2000 12:45:02 AM new
Rocker, yeah I love the Backstreet Boys, too.
But seriously, you are so right. Some of my happiest times were sitting down with a new Pink Floyd boot, expanding my mind and jamming along on my Gibson.
I pretty much gave up on boots when I found Goldmine magazine, which is sort of a clearing house for promotional radio shows, like King Biscuit Flower Hour and Westwood One. The quality is superb, though the discs aren't licensed for resale.
Wow, you found your own stuff being sold on eBay! You have hit the big time. Let me know when your CD comes out and I will go steal a copy off Napster. Take care!
Rocker <---- INDEPENDENT recording artist, BOOTLEG collector, and PROUD of it