posted on April 4, 2002 10:17:48 AM new
A seller stole my pictures and a small part of my text and used them in her auction. I wrote her and asked her (nicely the first time, not so nicely the second time) and asked her to stop using my pictures. She ignored me both times. I wrote her high bidder and said this--***
Hello, I thought I would inform you that the wedding dress that you are high
bidder on Designer Wedding Gown Ivory 16 Item # xxxxxxxxx is not the
dress in the pictures. These images were stolen from my auction #
http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=xxxxxxxx. The dress in
my auction is a size 12 and is not a used dress. This person is being reported
to eBay. Thank You __***
The high bidder wrote back and thanked me for the information. Now the seller is claiming that I "sabatoged" her auction by saying that her dress was "a fake" I never claimed that it was "a fake" I only stated that the pictures were of a different item, and belonged to me! THe seller wrote this last night_____
I am seller for Item No. xxxxxxxx. I have been informed that you are telling
buyers that my dress is a fake, and I do not appreciate it.
I am an attorney in California, and even though the law on the internet is
difficult to apply, you should know that what you have done constitutes libel,
and tortious interference with business. If we were not on the internet, your
actions would have much greater consequences, so I would think very much about
your actions before you pull a stunt like this in the "real world."
Please explain to me why I should not report you to Ebay. If your reason is not
at all logically connected to your actions, I will not hesitate to report you.
I see you are high-volume, but if you do this to enough people, it will catch up
to you.
--------------------I replied back with this___Here is what eBay has to say about copying another person's pictures without
permission---
>No Copying Allowed! When you prepare your listings you generally should use
only material (text, photographs, etc.) and trademarks/names that you created or
own yourself or licensed from the owners.If you copy someone else's listing text
or original photograph, or copy text or photographs from any other place
(depending upon how much is copied), you may be infringing someone's copyright.
They may be able to request the ending of your listing through our copyrighted
description and images policies (below) or our Verified Rights Owner (VeRO)
Program. If you want to see it for yourself, here is the link
http://pages.ebay.com/help/community/png-copyrights.html
>By the way, I never implied that your dress was "a fake". Your bidder used that
term.
Here is her response___
Thank's for the clarification regarding the use of other's pictures. This is my
first Ebay listing, and I am not interested in making enemies, so I won't use
your photos in the future without asking first.
I do wish however that there had not been that misunderstanding between you and
that buyer making her believe that the dress I am selling is fake, and do not
really understand how that could happen (I mean you either said it or implied
it, there's not a room there), but I will not post a negative comment. I will
assume you will do likewise and not post a negative comment
JUST WHEN I THINK IT'S OVER< I GET THIS___
Yesterday I informed you that I would not complain to Ebay, and my intentions
have not changed. But today I received a copy of the email you were sending out
to bidders. Yes, you MORE THAN IMPLIED that the dress is a fake by accusing me
of stealing your precious photos.
I am wondering if in fact you got license from *** to use her photo - you
don't need to reply - I know the answer. Anyway, I am hoping that you will not
continue to sabotage my auction - I am sure that thanks to you I will have to
relist my dress. The true mystery is why didn't you have the common decency to
contact me first? Were you that mad that you would expend the time and energy
in writing everyon to sabotage my listing? It really is silly especially
considering that I was not preventing the sale of your dress because your dress
is a 10/12. Well, I hope you felt high and mighty for a few moments after
sending those emails, and yes, I will probably have to relist - so I hope you
are proud of yourselves!!___
Well, I looked this morning And SHE IS STIIL USING MY PICTURES!!! I did not mean to open this can of worms, I only stated factual information. Also, I am a legitimate retailer for this brand. I got some great suggestions a few days ago from you guys, any more????
posted on April 4, 2002 10:26:18 AM new
A LOT of people that Post here have little concern for this activity ("Why should you be so concerned that someone steals your picture" is one quote I got). Another person stated That they were "ecstatic" that people were "Borrowing" their pics??!!?? But this is stealing, and I KNOW ebay can't do a Lot about it, I even once emailed a Bidder and told them that the item they were Bidding on was NOT the seller's BUT mine (the pic was stolen from my auction). A fellow auctionwatch poster told me,VERY Quickly, that I could get suspended for "Auction Interferrence"!! Had to Laugh at that one!!! This type of theft does nothing but leave UNHAPPY Buyers and help drive down Prices.
posted on April 4, 2002 10:41:14 AM new
Rule 1: NEVER, EVER contact someone else's bidders!
Rule 2: See Rule 1.
If your photo was copied, you're going to have a hard time convincing eBay to do anything.
If they are actively linking to your photo, you have a better chance. First report the infraction through SafeHarbor.
Then, alter your photo so that the "theif" knows it is stolen. Then change the file name of the picture in your auction to something valid. Here's an example of what I used to shut down a linking offender:
posted on April 4, 2002 02:13:01 PM new"I am wondering if in fact you got license from *** to use her photo"
"I am a legitimate retailer for this brand."
First, I think that linking to anyone's photo is indeed out and out "stealing" but I really don't mind my photo's being right clicked and placed on someones own picture hosting service, but that is just me.
Second, from the two statements above, one from your photo thief and then yours, I was wondering if you are using a picture that you personally took or if you are using one furnished by the maker?
I ask because maybe your "lawyer" friend thinks that if your using a stock photo then she can use it too and needs to have explained to her in terms a 3 year old would understand, your complaint includes linking to your photo through your hosting site.
I would inform her that your fee for "picture hosting" is $XX.XX per item per day that it is used.
posted on April 4, 2002 06:22:53 PM new
I know it's a little OT, but how does it happen that you discover someone stealing your images? Is it just a matter of surfing thru similar auctions, or is there some other way? Might actually be fun to find some lowlife who is using one and mess around with him/her a little...cheap thrills....IMHO anyone who uses ebay to any extent at all should make the dollar investment and take the time to learn how to make decent pix of their own for their auctions, or else post their wares without pictures......
posted on April 4, 2002 07:18:30 PM new
eBay will pull someone's auction if you report them. They have done it several times to people I have caught stealing my pics. I have been told by repeat customer's etc and if the other seller doesn't pull them because of a nice email I send them, then I report them. I have even been paid for use of my pictures. I have "copyright by xxx" on my pictures so there is no mistake.
I am also a photographer and here is something I have filed away to send people that copy my pics. Send them this link and watch them pull the pics ASAP!
http://www.comstock.com/web/IHF/COLLEGE/ImagePiracy/
Sorry, but I don't know how to make a link on here
Good luck, I wouldn't report them this time because you interferred but I would maybe put a scare into them. Next time.... report because eBay will yank those auctions!
posted on April 4, 2002 07:27:31 PM new
Depending on the AuctionWatch payment plan you are using, your account keeps track of listings, final values, and - image hosting.
If you are not supposed to pay for it and there is a charge, the auction that is associated with it has mis-appropriated your photo.
posted on April 4, 2002 07:51:24 PM new
If your auction is over, simply switch the picture to something pornographic ... then turn her in for having porn on eBay.
If you don't want to do that, perhaps a very ugly bride in a ripped up dress would do? Have a bit of fun with it
posted on April 4, 2002 08:27:26 PM new
Edit the picture with a note at the bottom that reads "25 hours pro bono legal services included with purchace of this dress"
The light at the end of the tunnel will turn out to be an oncoming train.
posted on April 4, 2002 09:36:12 PM new
Contacting her buyer is a big no no, you better hope they do not contact ebay, they could suspend you. Ebay doesn't care about picture theft because they have nothing to lose, but if you mess with someone's business, they may lose money. They do not like to lose money.
If they are using your server space, then I think you have a legitimate complaint. You also can do mean things to them. However, if they just copied your picture, you can sue them in court, but nothing else really. I don't even think it is against Ebay's TOS to not do this, since it is a copyright issue and is a court issue, not an ebay issue.
posted on April 5, 2002 06:30:00 AM new
Gravid--actually I like mrssantaclaus's suggestion about the porno pic better--who knows maybe the thief will get a higher price
posted on April 6, 2002 08:56:09 AM new
How can I tell if she's linking to my photos?
I did bite myself in the butt on this one. I wish now that I had just waited and busted her. The porn thing sounds like it would work!
posted on April 6, 2002 03:20:22 PM new
>>"How can I tell if she's linking to my photos?"<<
That much is easy. If you are using internet explorer, right click on the image and choose properties from the popup menu. Then look to see if the url address of her image matches the address of your image.
If that is the case, alter your image and it will appear altered in her auction.
Put text accross the image that says THIS PICTURE IS STOLEN. DO NOT BUY THIS DRESS!
Last month we sold off a whole bunch of new and vintage collectible toys (Metal Gear Solid, GI Joes, Spawn, etc) and all our auctions were doing quite well until one bidder (a newbie) retracted his bid saying "I just saw another auction with this same exact picture". I contacted that bidder and asked where he'd seen that picture before (quite distinctive, as it was taken on my vintage 40's stovetop!) and he sent me the auction. Not only had this guy stolen my auction pictures, he'd used my own pictures to COMPETE with my auction! This probably scared away several of my potential bidders, and lost us a lot of money. Outraged, I contacted eBay immediately (by this point, my auction had already closed for less than it should have, while his was still running, and climbing in price) and to my utter amazement, they shut his auction down with 24 hours. Obviously, the seller was very mad and emailed me with threats, etc. I told him to do his own work, and take his own pictures.. he had no business riding on our coattails! Also.. I found out later that AuctionWatch.com charged me for his use of my pics!! Granted.. it was only 20c total, but it still got under my skin!!
Anyway.. just a story from the frontlines!
-Elsewhere
