Unauthorized personal photo use

[the_pack_rat]

:mad2:

It's happened to others, now it appears it's happened to me.

My 92 LSC is being used in someones auction.

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2446598439

Anyone feel like logging on to Ebay & helping bombard this schmuck with a few words about getting a photo of his OWN car, to use for his auction ?.

Nice palm trees they have there in NY.

:shake:

Things like this annoy me.

Contacted the idiot running the auction & of course Ebay ... we'll see if Ebay will end it, but I'm not holding my breath.

I figure at the very least ... I'll get the email acct he uses for Ebay full of flame mail.

:flamer:

:up:

Regards,

[RCSignals]

Good luck with eBay. He's misrepresenting his car, so they should be concerned.

[Directedby]

What a cheeser and crook.

The people bidding think they are bidding for the car in the picture.

You should contact the bidders and notify them that the picture is not same as the car for sale.

Pic looks like it has tan interior. His description is 'blue.'

Also, I like your wheels. I wonder what wheels he has.

[Donny Carlson]

"THE CAR IS SOLID EVERYTHING WORKS THE ONLY PROBLEM IS THAT I HIT A BABY TREE AT ABOUT 10MPH. THE ESTIMATE ISNT BAD ITS ABOUT $600.00 WHICH IS NOT BAD AT ALL CONSIDERING ALL YOUR GETTING IN THIS CAR. TAKE A LOOK AT ALL THE OPTIONS I LISTED AGAIN AND YOU'LL SEE WHAT I MEAN, OTHER THEN THE BODY WORK THE CAR IS A JEM."

Of course he doesn't want to show his car. Your car is nice, a real beauty. His has body damage.

Anybody who buys a car without actually going to see it, put their hands on it, drive it, look it over, is extemely in danger of being el screw-do.





:mad:

[martyo]

Originally posted by Donny Carlson
"OTHER THEN THE BODY WORK THE CAR IS A JEM"


First of all, what is a "Jem"??? I know what "gem" is but not what a "Jem" is. Can anyone help me with this one?

Saying "Other than the body work" is kind of like saying: "Other than that Mrs. Lincoln, how was the theater?"

Oh yeah, and one of you guys who has the copyright on the pictures that these guys are stealing ought to go after the infringer, or at least break his lugs nuts over the unauthorized use. I know I would, but then again I pull the legs off of spiders for a living.....

[Logan]

I feel for ya, I've got a guy using posing MY marauder, sitting in front of MY house as his own on his website...

[SergntMac]

Originally posted by martyo
Oh yeah, and one of you guys who has the copyright on the pictures that these guys are stealing ought to go after the infringer, or at least break his lugs nuts over the unauthorized use. I know I would, but then again I pull the legs off of spiders for a living...

Modern Management Theory by The Mongoose...Doncha just love it?

[martyo]

Originally posted by Logan
I feel for ya, I've got a guy using posing MY marauder, sitting in front of MY house as his own on his website...

I guess it could be worse. You could come home and he could be sitting in your living room!

Want me to draft a "cease and desist" letter? Generally a letter from the world renowned law firm of Ochs & Goldberg, LLP sends 'em packin'! :uzi:

[RF Overlord]

Originally posted by martyo
... the world renowned law firm of Ochs & Goldberg, LLP

Marty...isn't that a division of Dewey, Cheatem, and Howe?

[martyo]

Originally posted by RF Overlord
Marty...isn't that a division of Dewey, Cheatem, and Howe?

No, actually it is the firm of Takem, Forall, Thayerworth, LLP.

[Racerx88]

I had someone selling something just like something I was selling on eBay several years ago. The guy was even using a link to my actual picture on my actual web space. I complained to eBay and they not only ended all the guys auctions, but kicked him off the site altogether.

[Nathan]

Originally posted by Racerx88
The guy was even using a link to my actual picture on my actual web space.

That's when the fun begins! A few minutes in photoshop and any auction item can get quite interesting :)

[Mad1]

If someone's profiting off your "work," then you have recourse.

Though it usually requires a lawyer, you can threaten him, the ISP hosting his image, the auction Web site, etc., with a violation under the Digital Millennium Copyright Act.

Summary of Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf)

Though this is taken out of context, it certainly sounds threatening enough.

"Any person injured by a violation of section 1201 or 1202 may bring a civil action in Federal court. In addition, it is a criminal offense to violate section 1201 or 1202 wilfully and for purposes of commercial advantage or private financial gain. Under section 1204 penalties range up to a $500,000 fine or up to five years imprisionment for a first offense, and up to a $1 million fine or up to 10 years imprisonment for subsequent offenses."

Certainly sounds threatening enough to me. ;)

Jeremy
Mad1

[gonzo50]

This is from the ebay site
On Dec-09-03 at 00:32:43 PST, seller added the following information:
this is not the exact car i am sellin in the picture this is just a example: if there is any questions please feel free to email me...i could not get any pictures because i do not have a digtal cam. i am more then willing to show the car just email me ...
Well, I guess he got the message....:pimp:

[the_pack_rat]

Well after THREE days of going back & forth with Ebay dim-wits ...

I got the auction shut down.

Yet another situation where it seemed the guilty had MORE rights than I did, for awhile.

Even after I gave them the item number of the auction I had the car in - faxed in a downloaded & signed an Ebay Notice of Claimed Infringement form - & the selling fool basically ADMITTED GUILT by adding :

On Dec-09-03 at 00:32:43 PST, seller added the following information: this is not the exact car i am sellin in the picture this is just a example: if there is any questions please feel free to email me...i could not get any pictures because i do not have a digtal cam. i am more then willing to show the car just email me ...

They STILL didn't want to yank the auction.

Went & took some NEW photos of the car, one was in the SAME public parking lot as the offending photo. Course' the the photo could not be taken in the exact same spot, as the original was taken on a weekend(lot was empty), but it was fairly close.

I guess all this & the THREATS of getting a lawyer involved finally
worked.

The moron seller made NO attempt to contact me prior to adding his above "admission of guilt". After seeing that he added that BS, I emailed him AGAIN, and really let him have it , about he was adding insult to injury, having the nads to AVOID me, & STILL not end the auction, after admittiing he knew he was wrong.

After this, he FINALLY contacts me, with some lame excuse that a
friend had sent him the photo & he had NO idea how to to remove it.

Yea well too late a**bag.

:shake: :bs: :shake:

Anywhoo ...

Any of you ever find yourself in this situation with an Ebay listing
this is where you need to start :

http://pages.ebay.com/help/confidence/programs-vero-ov.html

Just don't expect any quick results, & wish yourself luck.

Thanks for all the support.

Regards,

[martyo]

Good job Eric. There is a job as a paralegal waiting for you in New York!

[O's Fan Rich]

I bet if you throw in a nice 13 second company car, he'd take it!:P

[martyo]

Originally posted by Rich_Long
I bet if you throw in a nice 13 second company car, he'd take it!:P

Of course! Everybody on my staff is required to drive a fast car!

:burnout: