Another edynamicmarketing story, from a sellers perspective....
This guy is really pushing the limits. I recently sold a 1938-D Buffalo Nickel PCGS MS-66 in a rattler holder. The sale occurred on June 2nd at 18:49:41 UTC according to Watchcount. This seller then used my images and listed the same coin for sale in his eBay store less than 13 minutes later at 19:02:31 UTC.
I caught it because I was doing a search for 1938-D Buffalo Nickels in MS-66 on eBay. I recognized my images because my name is on them. I then checked the seller and discovered who it was. I was pretty upset with him using my images without my permission. At the time I was not at home and did not investigate the situation further. When I did get home, that's when I discovered when he listed the coin for sale.
I have sent him a message through eBay regarding my concerns. My message asked him to remove my images from his listing immediately. It also conveyed my concern for him listing the coin for sale less than 13 minutes after buying it from me and not actually having possession of the coin. He did not physically receive the coin until June 7th according to USPS tracking.
I also stated that I considered our transaction as final since he is now trying to resell the coin I sold him. I will not be accepting any returns from him.
Here are links to the auctions.
This first one was my listing: My Listing
This is his listing: His Listing
Here are screen captures from watchcount.com
My Listing which shows start and end times.
Here is his with start and end times.
Comments
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Always frustrating to have one of our sales relisted for a much higher price on Ebay. Your images are protected by Ebay and at least in the past they would respond to a complaint. The coin though is his once he pays for it and he is free to offer it for resale at his discretion.
Agree that the relist voids the right of return in most cases.
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Thanks for the heads-up !!!
Timbuk30 -
Report it to eBay as a copyright infringement (use of your photos without permission). The form is here: http://p.ebaystatic.com/aw/uk/pdf/UKNOCI1.pdf
In my experience, eBay is very responsive to removing material that infringes copyrights. I've had auctions pulled when people use my photos without permission.
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Oops, that was the UK infringement link. Here's the US link:
https://ir.ebaystatic.com/pictures/aw/pics/pdf/us/help/community/NOCI1.pdf0 -
@Coinstartled said:
Always frustrating to have one of our sales relisted for a much higher price on Ebay. Your images are protected by Ebay and at least in the past they would respond to a complaint. The coin though is his once he pays for it and he is free to offer it for resale at his discretion.Agree that the relist voids the right of return in most cases.
I have no issue with him reselling a coin I sold him, I stated so in the message I sent to him. I could care less if he asked for a $1000.00 for a coin that I sold to him at $50.00. My issue is him using my images without my permission which are watermarked with my signature and the fact that he listed it less than 13 minutes after buying it without physical possession. Had he sold it without having possession, he technically is committing fraud without advising the buyer that he does not have possession at the time of sale. There have been a whole lot of bullion companies that went down for this type of sales strategy and many of them were brought up on fraud charges.
This on top of his gassing bright white coins, is just pure scum bag behavior.
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@howards said:
Oops, that was the UK infringement link. Here's the US link:
https://ir.ebaystatic.com/pictures/aw/pics/pdf/us/help/community/NOCI1.pdfThank you Howards, I was going to be looking that up. You saved me some time.
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Here is the message I sent him.
Hello,
I am writing you because of a couple of concerns regarding this coin I sold you.
My first concern is you are using my images in your auction. Those images are my intellectual property. I charge people for my photography service. You have not asked for my permission to use those images. Please remove them immediately.
My second concern is you listed this coin for sale in your eBay store less than 13 minutes after purchasing it from me. You did not have physical possession of the coin until June 7th. The original sale occurred on June 2nd 16:49:41 UTC and you subsequently listed it for sale using my copyrighted images on June 2nd 17:02:31 UTC. I have no problem with you reselling a coin I sold to you. I do have an issue when you do it without physical possession.
At this time I consider our transaction as final. I will not accept returns as you have listed this coin for sale.
If you have any questions please feel free to contact me.
Justin
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At least it is not wildly rainbow toned now.
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You definitely have legal grounds to pursue recompense in this case. Whether you choose to do so is a personal decision. It is a really blatant act and I too would be upset. Let us know what transpires... Cheers, RickO
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And eBay will take the photos down, no questions asked, when you file the DMCA takedown notice.
-----Burton
ANA 50+ year/Life Member (now "Emeritus")
Author: 3rd Edition of the SampleSlabs book, https://sampleslabs.info/0 -
I agreed with the part about the image. To claim fraud though for listing a coin that he now owns is ridiculous. Whether we agree or not, Ebay now offers the seller the option of cancelling a transaction if the seller is out of stock.
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How'd I miss that?
Something about nice '38d's keep me buying multiples of the things.
I will give you $70 for it...
This way you can send him a replacement and claim you were using a stock photo.
Lesson taught.
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I did that once because I was not aware of what I was doing, did a screen shot of a coin I bought then I clipped it to post it. I have since made my own cheap photo box and take my own images. They suck but it is at least honest. I don't relist anything unless it is something I have duplicates of and find my purse short. I wait at least a month though. I have been trolled on coinflation and when I had bought something at like 3am for a buck more then they guy waiting, he pounced me and I ended up selling the coins to him for what I bought them at. I am learning the rules as I go. If someone flipped my stuff that quick I would feel mad but how else do you grow your account without a big stack of cash?
Best place to buy !
Bronze Associate member0 -
@Kkathyl said:
I did that once because I was not aware of what I was doing, did a screen shot of a coin I bought then I clipped it to post it. I have since made my own cheap photo box and take my own images. They suck but it is at least honest. I don't relist anything unless it is something I have duplicates of and find my purse short. I wait at least a month though. I have been trolled on coinflation and when I had bought something at like 3am for a buck more then they guy waiting, he pounced me and I ended up selling the coins to him for what I bought them at. I am learning the rules as I go. If someone flipped my stuff that quick I would feel mad but how else do you grow your account without a big stack of cash?I have absolutely no problem with the guy flipping the coin. I do it all the time. But I don't use the sellers images and I wait until I have the coin in my possession. It's just simple ethics. The only time I have ever sold something without having possession was when I was flipping some of the Mint products. In my ad, I stated very clearly that it was a pre-sale and that there was a chance that I may not be able to fulfill the order and if that was the case, I would fully refund the buyers money. I don't do that anymore.
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Edynamics buys toned coins to resell, in an attempt to legitimize his other AT'd offerings. I ended my listing one time when I figured out it was him. A scourge on the toned coin market for sure.
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