shething
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posted on October 13, 2003 05:18:49 AM new
I absolutely despise sellers who plagiarize another seller's listing, and this foolish newbie (12 Buyer feedbacks, no Seller feedback)copied my listing word-for-word, including my TOS. How stupid can you get?
I reported him and let him know that I did so.
Just burns me up...Happy Monday!
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fluffythewondercat
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posted on October 13, 2003 07:33:22 AM new
I would email the perp again and let him/her know that you are investigating copyright violations.
Keep the email calm and businesslike. That's often more frightening to the recipient than an emotional diatribe replete with picket-fence punctuation.
Our motto: Bright and shiny baubles for persons with low impulse control.
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imabride2b
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posted on October 13, 2003 11:59:04 AM new
I had to report one last night. Idiot copied EVERYTHING my terms of sale, description, even our personal photo code#.
Oh yeah, they copied every photo, complete with our watermark plastered across each and every one. Ihad a response from eBay within an hour, they yanked it then & there. I have to report these morons at least twice a week.
When I have written them and politely asked them to remove my photos, text ect. some of them argue with me and said they took the photos. They have also gone as far as to claim that they took the photos, or want me to "prove" they are mine. Excuse me, but I bought all the equipment, outfitting an entire studio. I was the one that stood there and took all those photos and edited them.I created my own unique auction text that fit my purpose, which was a trial and error operation over a year's time. One even told me I had no right to report him, as I had not emblazoned"property of" on the photos.
It really does burn me up.
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ladyjewels2000
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posted on October 13, 2003 01:00:37 PM new
I have never stolen photo and never plan to but I would really like to know how you people know when your photo is stolen. I mean there must be 5 million items on ebay?
Do they steal them while your item is running? Just wondering
Thanks
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imabride2b
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posted on October 13, 2003 02:54:58 PM new
LO AND BEHOLD!! I looked again, and the same person has used my photos AGAIN after their auction was ended by eBay last night. GRRR...
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AuctionAce
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posted on October 13, 2003 04:24:32 PM new
There are about 11 million items on ebay auctions and well over 6 million items in ebay stores. That gives the photo thieves plenty of opprotunity to find photos. Closed auctions are also available for searching for 10 to 15 days.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
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fluffythewondercat
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posted on October 13, 2003 04:35:19 PM new
I would really like to know how you people know when your photo is stolen
As far as "us people" goes, I don't know about other sellers but periodically I look at what other jewelry sellers offer. I also look at what my customers are selling and have found a few image thieves in that bunch. Then I run a keyword search on some terms used in my auctions and that, too, is sometimes educational.
Our motto: Bright and shiny baubles for persons with low impulse control.
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shething
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posted on October 14, 2003 03:58:21 AM new
His listing has been pulled. He emailed me, stating "whatever." Claims he culled the info from the instruction manual. Maybe so, but he copied and pasted my listing, 'cause I got my info from the manual, too, but I made a few subtle changes that he neglected to notice. I also included a link to a .pdf page in my listing, but he omitted that...presumably because he didn't know how to embed it. Can't copy and paste that. Moron!
He copied parts of my TOS, too. Big mistake.
I guess I'll go back to inserting a "right-click disabled" code in my listings. It doesn't stop the computer literate, but it would've stopped this moron cold.
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lovepotions
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posted on October 14, 2003 11:03:20 AM new
imabride2b
Why not sign up for the VERO program.
If it is the same people over and over they are ingringing on your copywrite works bust'em for good.
If someone steals your copywrited works (including photos) you can get them cancelled faster than any other program on Ebay.
If the same person relists anything you've cancelled they are INSTANTLY NARU! Not Every VERO on Ebay is a coprorate entity and not all of them are patent or trademark holders either.
http://www.lovepotions.com
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reamond
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posted on October 14, 2003 11:06:34 AM new
Let me get this straight, the seller copied your ad copy which you copied from the product instruction manual -- but you made slight changes to the material from the instruction manual ?
Now which one of you "plagiarizes" and which one infringed on the copyright of the creator of the instruction manual ?
What an ironic situation. You copied my copy.
It reminds me of a musical group I met in Chicago 20 years ago whose act was mimicking the Beatles. The group was complaining because they were the "original" imatators of the Beatles, but now everyone was doing it.
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pandorasbox
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posted on October 14, 2003 11:24:38 AM new
reamond is right on the money....You can't claim authorship...You plagiarized a text that may or may not have been copyrighted but nevertheless is not your original work.
You cannot "slightly" alter a work not your own and then claim it as proprietary.
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them."- John Wayne/The Shootist"(from the novel by Glendon Swarthout)
[ edited by pandorasbox on Oct 14, 2003 11:26 AM ]
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fluffythewondercat
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posted on October 14, 2003 11:46:17 AM new
Nonsense. Look up "compilation copyright". You can claim a compilation copyright over material that isn't even your own. What you own is the way it was assembled.
Which is precisely what the perp stole.
Our motto: Bright and shiny baubles for persons with low impulse control.
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pandorasbox
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posted on October 14, 2003 12:56:27 PM new
Quote from Brad Templeton:
.."U.S. Copyright law is quite explicit that the making of what are called "derivative works" -- works based or derived from another copyrighted work -- is the exclusive province of the owner of the original work. This is true even though the making of these new works is a highly creative process. If you write a story using settings or characters from somebody else's work, you need that author's permission.
and..
"You can also do creative editing or collecting work. So that while facts can't be copyrighted, clever organization of the facts can be. This is called a compilation copyright and it's somewhat complex."
A compilation is not, per se, cart blanche permission to claim ownership.
And certainly the use of "subtle changes" implies a full bore lifting of material without anything approaching "clever organization".
Without proper attribution, it is does not even fall under Fair Use provisions.
and finally from the US Copyright Act:
"The copyright protection of Section 102 includes compilations and derivative works but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully."
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them."- John Wayne/The Shootist"(from the novel by Glendon Swarthout)
[ edited by pandorasbox on Oct 14, 2003 12:57 PM ]
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zircon4
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posted on October 14, 2003 01:31:14 PM new
Hi Shething,
I get very P.O. when people use my photo's as well. But with my inventory each item is pretty much unique so the lazy bastards get caught out when their buyers realize that the item is not the one in the photo. Also I am curious, how do your prices compare with the auction thief? If you are able to undercut them you might be able to mess them up a bit.
Regards,
Adrian
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reamond
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posted on October 14, 2003 04:23:28 PM new
Now I've heard it all- fluffy claims you can claim compilation copyright by slightly altering someone else's work.
Amazing !!
[ edited by reamond on Oct 14, 2003 04:24 PM ]
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shething
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posted on October 14, 2003 04:50:46 PM new
Information for the item must be gotten somehow...why not from the manufacturer's website or owner's manual? The items I sell have technical specifications. How else do I convey these specs to my buyers? I use the retail box for listing material if need be, also. We're not talking a novel here, we're talking an auction listing with the information necessary to sell the item.
My beef with this seller is he stole my listing. Had he copied the text from the instruction manual word for word and posted it, I'd have nothing to say about it. But he copied my listing word for word, including the changes I made to the original manual text and parts of my TOS. I do alot of research before I list my items, and he just helped himself to my work.
Zircon4: He was underselling me on BIN, but he was making up the difference on shipping, as so many sellers seem to be doing lately. I don't think it's right to gouge the buyer for shipping, and I don't subscribe to "fee avoidance" either.
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reamond
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posted on October 15, 2003 07:14:58 AM new
You can not copyright "work". You can only copyright original material that you created.
You stated that you copied the material from a manual and made only slight changes.
So he/she copied your copy.
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pelorus
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posted on October 16, 2003 08:53:14 AM new
I copy other listings, and don't care if someone copies mine (I create very good pics). Cut...paste...cut...paste...cut...paste. Whew! my mouse finger is tired. Despise me, hate me, spank me. It turns me on.
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AuctionAce
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posted on October 16, 2003 02:05:41 PM new
Don't feel bad. Almost everything on ebay has been copy and pasted from another auction or a website. Almost everybody knows it and does it and if they don't get it from the web there copy it off the item they are going to list.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
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