Someone stole my pictures and used them on eBay!!

[Jal]

Did you take these photos, prior to passing them around?

http://forums.anandtech.com/messageview.cfm?catid=38&threadid=566413&highlight_key=y

This is trivial, go outside, enjoy the sunshine.

 

[HowardStern]

I know you feel bad about it, but there is probably absolutey nothing you can do about it. Expect it to happen again. And you really got more important things to worry about.

 

[blakeatwork]

<< It's not a generic picture tho, it's a picture of my car stolen off of my website, copyright of me. I emailed the guy and told him to take em down. I tried to call iPix, but they're closed. Looking for an email address to complain to at eBay >>



Don't know if anyone has mentioned this, but yopu relaize if you're showing a grill that has the company logo on it, and are using it without THEIR permission, you yourself are commiting copyright infringement. So before you get all holier-than-thou, make sure you're not mis-representing yourself, and the alleged offender.

 

[PsychoAndy]

I had this problem too.....heres what ebay told me:

Your name here
Notice of Infringement Form

Dear your name:

Thank you for writing us about your intellectual property (copyright,
trademark) rights. We have developed our Notice of Infringement to
address these issues. As you know, eBay does not buy or sell any items;
we act only as a venue that enables others to do so. As such, we neither
see nor inspect any items that are offered for sale on the site.

However, recognizing that some posted items may infringe certain
intellectual property rights, we have set up specific procedures which
enable verified rights owners to identify and request removal of alleged
infringing auction listings and materials. These procedures are intended
to substantially comply with the requirements of the Digital Millennium
Copyright Act <http://www.qlinks.net/comdocs/uscopyright.htm>, 17
U.S.C. section 512.

Our Notice of Infringement is included as an attachment for your
convenience. Please sign and send it back to us by fax at (408)
558-7468. Once we have received your Notice of Infringement in proper
form, we can end the referenced auction(s). Be sure and identify the
specific auctions by number (the user's screen name or user I.D. is not
sufficient), and, in detail, why the auction is to be ended.

Please note that in order to use the Notice of Infringement, you must
have created, or otherwise own the rights to, the image, HTML, or
auction description in question. If you use the Notice of Infringement
to report an auction and you did not create the original work, or
otherwise own the rights to it, you expose yourself to liability under
the law, and risk suspension from eBay.

Please also allow time for the other person to review the warning that
has been sent to them and to alter their auction. We have found that
many people are unaware that using images, html, or text that they have
found on the internet is a potentially infringing action. This is why
we warn our users about this activity and direct them to the web page we
have developed about this at:

http://pages.ebay.com/help/community/png-copyrights.html

If you have any other questions or are not able to view the attachments
to this email, please let us know at userIP@ebay.com. The attachment is
included in Word 97 format.

blah blah blah.......they didnt do much.....the guy that ripped off the images also ripped off the bigh bidders

 

[Soybomb]

<<

<< It's not a generic picture tho, it's a picture of my car stolen off of my website, copyright of me. I emailed the guy and told him to take em down. I tried to call iPix, but they're closed. Looking for an email address to complain to at eBay >>

Don't know if anyone has mentioned this, but yopu relaize if you're showing a grill that has the company logo on it, and are using it without THEIR permission, you yourself are commiting copyright infringement. So before you get all holier-than-thou, make sure you're not mis-representing yourself, and the alleged offender. >>

Ummmm first that would never possibly be copyright infringement, you're thinking of a company trademark. But its actually neither of the two so it doesn't matter. So before you get all holier-than-thou, make sure you're not mis-informed of the laws yourself

 

[Stark]

If you put an image on the web, you're in essence giving it away.

Selling something that costs $2 for $60 is called capitalism. If it's not worth it, people won't buy it. That's called a free market.

I think you're stressing over nothing here. Next time you have an idea you don't want to share, patent it.

 

[mithrandir2001]

Wow, this thread grew bigger than I ever expected it would.

 

[Soybomb]

I seriously will try to quit posting to this thread....

Stark: Not at all! So you think anand is giving this information away? It might be free for you to read, but it is not free for your taking. If you print it all as a book and publish it, I promise you that you will be on the receiving end of a lawsuit, as you well should. Just because someone offers you the ability to read and view something for free doesn't mean its then yours. Indeed movies come into my house that I can watch over my dish, but what do you think is gonna happen if I take those movies, record them and sell them on ebay? The web is no different, your property is your property no matter what form you disseminate it in.

Also a patent covers ideas and inventions, not intellectual property. A picture is not an idea, it is intellectual property and covered by copyright laws.

 

[jehh]

<< mithrandir2001 and jason

The "big deal" is that you're using images that are not yours. You're not the one who paid the $1200 on a new digital camera, so this in no way entitles you to simply use the pictures of someone who has that camera, and took the time to take the pictures. We don't live under communism you know--you can't simply take something because you don't have it, especially when you make a profit from it. >>



Well in that case, off with their heads...

So you spent $1,200 on a digital camera... Is it a crime if you only spent $200 on a digital camera? How about $3.99 for a disposable camera and $39 for a scanner?

As has been said, it happens, nothing you can really do about it, chill out...

Jason

 

[jehh]

<<
Well its theft. If you stole a candybar at walmart would you just ask the cops what the big deal is?

I wouldn't put too much time into it, but I'd definately email the guy with the auction and tell him to pull the pics since he didn't ask for permission. >>



Not the same thing...

At Wal-Mart, the store is out the candybar... Perry isn't out anything... (he already used the picture, already bought the camera, etc...)

What is Parry supposed to do, charge the guy a buck to use the picture?

Jason

 

[mithrandir2001]

<< mithrandir2001 and jason

The "big deal" is that you're using images that are not yours. You're not the one who paid the $1200 on a new digital camera, so this in no way entitles you to simply use the pictures of someone who has that camera, and took the time to take the pictures. We don't live under communism you know--you can't simply take something because you don't have it, especially when you make a profit from it. >>



Suppose I list a hard drive on eBay. I snap its picture, upload the image with my listing, sell it, collect the money, etc. Transaction over. Should I care if somebody else copies this image from my listing and uses it, if my auction is complete? No, of course not. I'm done with the image. I sold the item, if somebody wants to use the image, go ahead. Save yourself some time and effort. Why introduce inefficiency? Why reduplicate effort?

Until I bought my Nikon 995 this summer, I didn't have a digicam, so I used images from the completed auctions of other sellers, making sure I chose unique listings (not those of a business who relists the same item over and over). I wasn't trying to hurt anyone else...I was simply engaging in "common use" of auction devices. I maintain that there is nothing wrong with these actions.

You have to use discretion, of course, and you can't copy just anything to use as an auction image. But saying everyone must create their own original images/content is absurd and this "copyright is inflexible" attitude acts against the smooth gearing of sensible capitalism.

 

[jehh]

<<
Thats completely the wrong attitude. Of course people will try and steal from you, once again just like from wal-mart, but that still doesn't mean that you shouldn't take actions against the theif. With journalist background I can say that I take this type of thing very seriously. Just because no physical propely was stolen, doesn't mean that you didn't loose anything. You still lost the right and control to your intellectual property. If you don't defend your rights, you'll just get trampled on more and more. You must defend your intellectual property just as you would physical property or else people will never understand the value of it.

>>



What is Parry supposed to do, demand $1.50 for the right to use the picture?

This is NOT the same thing as a professional picture being stolen...

Jason

 

[stingbandel]

<< BTW, it is clearly against eBay policy to used pictures, descs, or anything else that is not your own in one of your own auctions. I hope all of you that do that are caught by people like me that protect their property. >>






if you put a copyright on it then the person who uses your picture must have a permission from you first before he can use it. If it's not a big deal then what's the purpose of copyright then?




Darno

 

[jehh]

<< The big deal is that it's something that takes 2 minutes to make and $2 in parts from Home Depot. And he tries to sell it for $60. He probably just sends out a strip of mesh and tells people to cut it to fit, and maybe even sends a print out of my instructions along. Who knows. If I wanted to waste the $60, I'd find out. Not to mention he wants $10 shipping, when it would probably cost $3 at the post office. Con artist at work. There is no sense in letting people like that go unpunished on eBay, it causes harm to the entire community. >>



Ahh, I get it now... You don't like the guy, he has figured out how to make money and you're mad. How DARE he make money... How DARE he cover his costs in shipping... Shame, shame on him... Chill out my friend...



<<
This is just like stealing a candy bar. The person that is caught stealing is arrested, thrown in jail over night, and at the very least probably recieves a fine. Tracking down this AOL luser will be a pain in the ass and really not worth the time. Least I can hope for is that he loses his eBay registration.
>>



No, it isn't... There is ZERO chance this guy will be arrested... This is a civil matter, stealing a candy bar, no matter how petty, is a criminal matter... The cops could care less about this...



<<
I think I'll start going through all of the images on my website and placing a big fat watermark right in the middle of them. I hate to do it, but if people are going to steal my stuff, then I guess I gotta take action to protect my property (would you let someone walk into your house and take whatever they wanted and make no attempt at trying to stop them? Didn't think so).
>>



Yep, that would work... Or you could chill out and not worry about it...

As for someone walking into your house, of course that would be wrong, but this guy didn't do that... He made a copy of your picture... You still have the picture... Guess what, you're not out anything...

Could you show a court that he has cost you money? Did you have plans to sell that picture? No? Well gosh, you're just screwed now.



<<
At least when you work for a software company you are getting paid for your work. I recieved nothing for my work. Understand?
>>



Great, so e-mail the guy and tell him he owes you a buck fifty for your image...



<<
I did find a way to get in contact with eBay through some sort of 'wizard'. I gave them the link to the auction and the link to my website showing that the pictures were there. Unfortunately, my webhost changed some stuff around and directory listings in Apache don't show the time stamp any more. The images have been there for two years.. Also emailed iPix and told them that they were hosting copyrighted material on their servers. >>



Rest assured, eBay could care less... I promise...

Jason

 

[jehh]

<< Already thought of making a fake account and bidding $1000 on each of his auctions, and then leaving negative feedback on each one. Just ruin his name, if eBay won't do anything about it. >>



Only problem is, if he catches you, he can then take you to court.

And rest assured, he could actually win damages in that case...

This was tried on me, I won a $1,500 judgement against a guy who did this very same thing to me about a year ago... I only collected about $600 of it, but that is $600 more I have, and $600 less he has because of his foolishness... He is also banned from eBay for life because of it...

Jason

 

[jehh]

<< I suggest all of you that think it's not a big deal to go out and write a best selling book and have it published under someone else's name. That someone else will get all the money and you will not recieve a dime. Then see how you like it. Same basic principle applies here, albeit on a lesser scale.
>>



Same principle, not the same situation...

The situation you describe would end up in court, a judge or jury would decide and award damages if need be.

You also have that option... But it isn't worth it unless you're a hardass because this is so petty...

Images are stolen on eBay all the time, it won't change tomorrow or next week or next year... It isn't a big enough deal for the powers that be to do anything about it...

Jason

 

[jehh]

<<

Gathering email address and sending out a mail to all the bidders on his auctions telling them how to make the thing for themselves for less than $5.... Gunna be funny when he winds up with a bunch of retracted bids tomorrow... >>



And all he needs to do is catch you...

If he sends SafeHarbor proof, there goes your eBay account...

I've had some people try to steal bidders from me before, and they all end up losing their accounts because sooner or later, one of those people will turn you in.

eBay doesn't care about picture theft, they DO care about auction interference...

Jason

 

[jehh]

<< Although this is a little off the original topic, I would like to clarify for all the thieves and immoral people in here that theft is wrong, both mortally and legally. There is no justification for stealing something because you can or because you can not afford to buy it legally.

As far as copyright law is concerned I suggest all those who think that you have a right to take anything that you see posted on the World Wide Web take a look here.

BTW, you will find that most content owners on the internet will allow you to freely use their copyright material if you ask them for permission. They will usually just ask you to show their copyright when you reproduce their content. >>



No one here is saying the guy has the right to steal the images... We're just saying it is so petty that it isn't worth bothering with...

It is illegal to have oral sex in 36 states, want to turn me in? lol

Get the heck over it, it is MINOR, no big deal, chill...

Jason

 

[lo5750ul]

I didn't realise there are excuses considered acceptable excuses for theft that all depend upon the value I think something I take is worth to someone else. Great, I think that $500 television I saw at the local electronics store is only really worth $100, and what is $100 to a multi-million dollar electronics store? So they won't care if I just take it.

There seems to be a proliferation of people here who have a severe lack of understanding of morals.

 

[badluck]

jehh:

You've got a little free time on your hands, dont'cha??



I guess my motto is - You've got to pick your battles -- If this is something you feel that strongly against, fight for it....In my life, this would rate about a 2 on a scale of 1 to 10, however, that is my interpretation and I do not mean to discount your feelings on this. I always feel if you rate things on a scale of importance to you than you can fully judge which battle you need to fight..... Good luck...

 

[jehh]

<< I didn't realise there are excuses considered acceptable excuses for theft that all depend upon the value I think something I take is worth to someone else. Great, I think that $500 television I saw at the local electronics store is only really worth $100, and what is $100 to a multi-million dollar electronics store? So they won't care if I just take it.

There seems to be a proliferation of people here who have a severe lack of understanding of morals. >>



You don't get it...

If you take the TV, the store is now missing a TV.

If someone takes your picture, YOU ARE NOT MISSING ANYTHING!

If Perry feels wronged, he should go sue the guy. There are laws on the books about this... The problem is, only an ass would sue over a $1 picture... So he doesn't do that since I don't think he is an ass, rather he posts here and btiches about it...

Sigh...

Jason

 

[jehh]

<< jehh:

You've got a little free time on your hands, dont'cha??



I guess my motto is - You've got to pick your battles -- If this is something you feel that strongly against, fight for it....In my life, this would rate about a 2 on a scale of 1 to 10, however, that is my interpretation and is not a judge of you. Good luck... >>



Yea, how can you tell...

I just cannot stand people who get their panties in a wad over the stupidest of things...

If this picture was worth $1,500, then by all means sue the guy. The problem is the picture at most is worth two bucks...

Jason

 

[lo5750ul]

Jason,

You stated;

<< What is Parry supposed to do, demand $1.50 for the right to use the picture?

This is NOT the same thing as a professional picture being stolen... >>

Well, please explain to me further the difference because I do not understand the differentiation.

As far as I was aware, and according to copyright law, any content that an indivdual creates, no matter whether it is of any value (monetary or intellectual) to anyone else, is owned by the creator. Therefore if someone wishes to reproduce that content they have to get permission from the owner to do so. The owner has the choice to let them do it for free or to charge them $x dollars. You, nor I, nor anyone else has any right to decide the value of someone's intellectual property.

Irrespective of whether Perry is right or wrong, the issue of copyright does not change. You said;

<< If someone takes your picture, YOU ARE NOT MISSING ANYTHING! >>

but I beg to differ. The issue is not the cost to produce the picture. The issue is the value the creator places on the pictures' content.

In Perry's case he has a right to ask for millions of dollars from someone who wishes to use his picture. I do not believe it is worth that, you do not, I don't think Perry does either, but he has that right under law.

 

[Namuna]

2 Things to do.


For now...
Create your OWN Ebay Auction with the EXACT same title as his...Except you set a MAXIMUM price of $2 or $5 or whatever. That should move a few people over to the 'right' situation. And, as someone else stated, get the emails of the people that DID bid on his and inform them of the situation.

For now and future...
Use a 'WATERMARK' on any and all images you don't want used elsewhere. I had a situation where someone stole some artwork from me once as well...The BASTARD even use the image right off my server ("Bandwidth Thief"). The quickfix was to put a very light, but NOTICEABLE, watermark on the image (I used my website name)...Put the watermark right through the image, this makes it a SERIOUS PAIN IN THE BUTT to remove if they wanted to 'steal' it.

Good luck.

 

[OSUdrunk]

<< The big deal is that it's something that takes 2 minutes to make and $2 in parts from Home Depot. And he tries to sell it for $60. He probably just sends out a strip of mesh and tells people to cut it to fit, and maybe even sends a print out of my instructions along. Who knows. If I wanted to waste the $60, I'd find out. Not to mention he wants $10 shipping, when it would probably cost $3 at the post office. Con artist at work. There is no sense in letting people like that go unpunished on eBay, it causes harm to the entire community.

This is just like stealing a candy bar. The person that is caught stealing is arrested, thrown in jail over night, and at the very least probably recieves a fine. Tracking down this AOL luser will be a pain in the ass and really not worth the time. Least I can hope for is that he loses his eBay registration. >>


If he found people to pay $60 for $2 worth of stuff, then he's a damn good businessman and you should probably find out how to do the same.

Umm, also, people don't get arrested for stealing a candy bar. They aren't thrown in jail overnight. And, no, they don't receive a fine in 99% of all cases. Most of the time a store will not press charges for a $0.50 item. It's not worth their time. And police do not waste their time aresting candy stealers or crowding jail space. Think about it.

You can get in serious trouble for placing false bids on his auctions and then not honoring them. Not a good idea. You can, however, e-mail the bidders of his auctions and inform them they can do the same thing to their cars for a lot less money.

So can we at least see your Web site and the auction to see this mesh grill?