(3) seller steals my scan - and gets a higher price

relayer

My ad


Selling from "grandfathers" collection

I've notified the buyer and eBay. I wonder if he'll get any coin?

I've sent the seller the following

I notice in your ad, you state "I AM AN HONEST SELLER".

However, since you have used to deception by taking my scan of my coin and listing it as your own I would have to disagree with that statement.

Both the buyer and eBay Safe Harbor have been notified of your fraud.

goose3

his statement "I am an honest seller" immediately fires red flags for me!

hookedoncoins

He couldn't of stole your scan... check in his description... he says he is an honest seller.

-Jarrett Roberts

hookedoncoins

Isn't it interesting how when you sold the coin, it was VF+, but the same scan is an XF+.

-Jarrett Roberts

TWODOGS

WOW. That's SOME nerve.

kranky

When someone links to your pictures, just change the pictures. There's nothing they can do except cancel the auction. I know that people can use your pictures without linking to them, but I'm not going to mention how.

Anyway, for a great example of how an unethical seller got burned by using someone else's pictures, check out this auction. Be sure to let all the pictures load.

ferd

I raised this topic a couple of months ago when the same thing happened to me. Technically speaking, I think this is legal. Ebay has no rules against somebody using your scan to sell the same coin. I would be surprised if you hear anything back from them. I know how you feel though, it ticked me off also.

fcloud

before uploading pictures. Bring the picture into Micorsoft Paint and run a line of text over part of the coins you have for sale. Check out some of the photos in this link.

My State Proofs

Placid

The seller will just say you stole his picture

Russ

Kranky,

That auction is just about the best PBIAMF I have ever seen!

Russ, NCNE

boiler78

Kranky- Thats entertainment!

keets

Both the buyer and eBay Safe Harbor have been notified of your fraud.

notifying the buyer probably wasn't the wisest thing to do. one thing eBay does have rules against is interfering with another members auction.

al h.

Spooly

Wow! He made a extra $1.00!!

wallstreetman

relayer, Where is the fraud, he is using a picture of a coin that is in worse condition? Fraud is when your trying to make a profit! Goes to show the value of a scan or a sellers description! Chalk one up to buying a coin certified by a reputable service!

relayer

WSM - I guess the fraud is that's not a picture of the coin he's selling, even though his upgraded to AU on the last day.


Below is eBay's response to using the picture. At least somebody clicked on a reply form button...


Hello,

Thank you for writing us about the unauthorized use of your material.

The Notice of Description Infringement form is included below for your
convenience. Please complete, sign, and send it back to us by email at
userIP@ebay.com. This is a legal document, and it must be filled out
completely to take appropriate action. Once we have received your
Notice of Description Infringement in proper form, we can end the
identified listing(s).

In order to use the Notice of Description Infringement, you must have
created, or otherwise own the rights to, the text, image, and/or HTML in
question.

eBay does not create, review, edit, or approve the content of any
listing posted on our site. 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. For more information, please visit:

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

Have a great day!

Regards,

Mason
eBay Community Watch Team


*******************************
Notice of Description Infringement

Date:

eBay Inc.
eBay Community Watch
Email: userIP@ebay.com

Dear eBay:

I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the owner
of the intellectual property rights identified below. I have a good
faith belief that the materials identified in the addendum attached
hereto are not authorized by me and therefore infringe my IP rights.
Please act expeditiously to remove or disable access to the material I
have claimed to be infringing.

Date of first use of copyrighted material:
Item number of the listing that you have posted on eBay containing your
original material:

Describe the basis for your claim of infringement:



I may be contacted at:

Name:
eBay User ID*:
Title & Company:
Street Address:
City and State:
Zip:
Email (correspondence)*:
Telephone:
Fax:

* Your User ID and email address will be sent to the seller when the
listing is removed so that the seller can contact you with questions
pertaining to the removed listing(s).

I CERTIFY UNDER PENALTY OF PERJURY that the above is true and accurate.
I understand that my knowing misrepresentation herein that the
identified material infringes my IP rights may expose me to legal
liability for damages, including costs and attorneys fees. I further
understand that perjury is a felony which may be punishable by
imprisonment of not more than five years or a fine.

Truthfully,

Signed: (your name in full written here will suffice as an electronic
signature)



Addendum to Notice of Description Infringement:
List of Allegedly Infringing Listings Or Materials

1. Item/Material
eBay Item Number:

2. Item/Material
eBay Item Number:

3. Item/Material
eBay Item Number:

4. Item/Material
eBay Item Number:

5. Item/Material
eBay Item Number:

ClarkOfKent

Am I missing something here? I went to kranky's link, and I didn't see anything entertaining. Did the pictures get replaced already?

Clark

kranky

ClarkOfKent, they did change the pictures.

coppercoins

I had the same problem with the use of my images on eBay a number of times, and finally gave up the fight. eBay is completely unwilling to help, and for the better part it's not prosecutable without going through a lot of funds to do so. Unfortunately it's an uphill battle, and they've made the uphill part extremely steep.

Lori

I have at any one time 350 auctions running (not coins). I have had many times in the past ebay sellers steel my photos. There is something you can do. It is sortof a pain but it does work. Here is what has to happen:

1.
Copyrights, Trademarks & Your Listing

2. Go to this link to fill out a support form regarding the auction: Click Here. Then click Questionalbe Content on Ebay then on Potentially Infringing Issues, then on Use of Images, text, or links without proper permission. Hit continue. On the next page click the Contact Support Button. Here is where you can type out your complaint of someone using your image. Put in you auction number and date you used the photo and point out the item number in question and state that they are using your photo from you previous listing without your permission. Tell them you want the listing terminated and the seller warned for copying images.

3. In the past they made me fill out two forms and fax it to them before they would stop the other auction. I guess they want a signature on file. They may still make you do that but should give you the link to where the forms are. Here is the link to the form you should just print & fill out and fax. It will make things go much faster: http://pages.ebay.com/help/community/notice-infringe2.pdf

I hope this helps a little. I have found that emailing the copier and telling them they are using your photo and you know about it usually is enough. They will end the auction and say they did not know they couldnt use the photo. I have had a few that tried to reverse it around and say I stold the image but ebay always new better (I have the photos on my website store too).

Lori

danglen

My father always told me that when someone tells you they're honest, count your fingers after they shake your hand. The same holds true for people that are constantly saying in conversation "I'm going to be honest with you". Anyone that is actually honest, doesn't need to tell you they're being honest. I would'nt buy an auction from anyone claiming to be honest in their ad.

danglen

P.S. Seller has a feedback rating that's spotless. A whole three positives. Wonder how long that will last? What with selling his grandfather's collection and all, I'm sure it won't be long before we see him finding hidden treasure in his backyard, probably caqns full of original gold.

leothelyon

Anyone that is actually honest, doesn't need to tell you they're being honest.

Danglen,
LOL I like your reasoning. For that seller to come out and say, "I am a honest seller" is simply
another way of saying, "I am not a crook."

Also, what about the guy who gives you a "weak limpy handshake," man I hate that!

Leo

leothelyon

Relayer

Here's an idea. Send him a bill, with all legalities, for a take of 10 to 25% of auction.
Perhaps a forum lawyer could assist you. That'll wake him up.

Leo

Neptune

it appears that seller was just plain lazy. He should have at least cropped or altered the PIC before using it ;> --- first iPic is free anyway, so they were just taking the EZ way out.