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Don't Steal Pictures Off Ebay

Normally I'm pretty laid back and easy going. But one misstep and I will turn on you faster than a cornered rattlesnake. I think under the circumstances, I have the right to be peeved.

Without going into too many details, specifically the items in question (not very expensive, but that's beside the point), I recently listed a series of auctions. Included were pictures that I took of the items. Because it's cheaper and the pictures better, I uploaded them and hotlinked them to the auction via a Web Image hosting site that I *PAY* for.

Within minutes of my last auction ending, another one for the exact same item was listed. On it was one of *MY* pictures. The seller downloaded it to his hard drive then used it as the one free upload that Ebay allows to dress up HIS auction. I sent him an e-mail warning him that he was using a pirated picture, and to please remove it. His response was that "a friend set up the auction because he didn't know how to take pictures". I responded back that his lack of skill was not my problem.

No response.

He has since relisted the same auction containing the same picture twice (for a total of three times).

This morning, I filed a formal complaint with Ebay asking that this auction be flagged for copyright infringement, citing that he was using a picture that I created without permission and that my image is protected under intellectual property rights. I sent a 'cease-and-desist' e-mail to the seller along with an ultimatum: "remove my picture from your auction or I will seek any and all other legal measures pertaining to your auction using [my] copyrighted material. And, if necessary, attach your Ebay account with royalties due as a percentage of your sales being levied". I also have [in writing via E-mail] a copy of the grievance stating that an investigation is under way and should take up to 72 hours. The seller has been made aware of this as well.

I fully realize that it's not likely to get to that point. And that retaining legal counsel will cost me far more than any monies I could realistically hope to get from this guy. But unlike many people who always look for "the cheapest way out", I am not above spending that money to make a point and send a message. If I need to spend the figurative dollar to save a dime", I'll do it. I don't give a rats ass about the money. I don't appreciate what this guy is doing. And I don't care what I'd need to spend to put a stop to it. If merely the threat of doing so gets this guys attention and stops the plagarism, then great. But I've already anticipated an equally probable outcome: that this guy tries to stonewall me and ignore my requests and/or responds with an in essence "F-off" type reply. As I type this, I am fully prepared to escalate to the next level.

I don't mind someone selling similar or identical items in fair competition against me. It's a free country. That's not what I have an issue with. Where I *DO* draw the line and have the grievance with is using *MY* images and [verbatim] descriptions to do so; ergo using *MY* information and images passed off as your own in competition without permission. I hope you see the difference and understand the separation. Had this seller approached me first and asked if he could "borrow" the picture (as opposed to poaching it the way he did), I *probably* would've said yes. It's the fact that he did it without asking, and did it two more times even after acknowledging the plagarism that I find egregious. THAT'S why I'm ready to sue him.

So you have all been warned. Some of us *ARE* watching. At least I am. You might want to think twice about plagarizing someone elses material.

Likewise, as with stealing music downloads, this message will only goad some of you INTO trying such a stunt. Fine. Be ready to be dragged through some e-mail and possibly litigation hell for doing so. Some boundaries do not need to be crossed. I don't mind you or anyone saving my pictures to your computer for your own use or even posting them somewhere else purely for informative purposes. But when you try to use them AGAINST me, then stand by. I will catch it.



Edits: 03/14/08 03/14/08

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Topic - Don't Steal Pictures Off Ebay - X-2000R 11:22:36 03/14/08 (19)

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