Ebay response to my report of image theft

Tonelover · August 25, 2005 5:14AM

This is a wonderful SafeHarbor response to my report of a seller using pictures of a coin on my website. How they can be so blind is byond me. It's no wonder that the scammers are having a field day on their site.

Hello Jon,

Thank you for writing to eBay. I am sorry to hear about this situation.
I understand your frustration and concern over the issue.

The images used in the auction you have referenced, 8326763180, have
been hosted elsewhere. We cannot find sufficient evidence that your
image has been used in this case. (I gave them exact links)

Again, in order to take any action we need:

1. The item number of the listing that you are reporting. (they referred to it right above?)

2. The item number of a listing that you posted prior to the other
member, demonstrating the seller copied your image(s) or description(s). I told them twice, the picture was copied from my website, not my ebay auction.

As the image included in the listing is hosted at a site other than the
one you referenced, www.rare-coins.com, we cannot take action at this
time.

Thanks again for writing, and thank you for being part of the eBay
community.

Regards,

Murphie
PowerSeller Team
eBay Trust & Safety

Smitty79 · August 25, 2005 5:22AM

Best thing to do is to watermark all your pics from now on.

Russ · August 25, 2005 5:22AM

That is word-for-word the response I got last time I reported the theft of my images. The only thing that's different is the auction number, and the reference to where the image is hosted. I sent them a lengthy and scathing reply pointing out in detail the identical nature of the multiple images the seller had stolen and, again, providing them the links to my auctions where he had stolen them. They finally ended all the auctions but one.

Russ, NCNE

mgoodm3 · August 25, 2005 5:23AM

That gives you a nice warm fuzzy feeling, don't it.

morgannut2 · August 25, 2005 5:29AM

Isn't Ebay all warm and fuzzy? This happened to Airplanenut on his JK PHOTOS webpage. As it stated it was copyrighted, I suggested he contact the thief and notify both Ebay and the seller there was a standard $50 charge for the use of each photo. Interestingly he took it a further and told me he had an attorney/coin guy send a billing letter (The "Don" of the Tonedcoin.org board). The thief actually paid!!!! And what was funny, he was so happy with the stolen photo, he wanted to pay to use more of them at $50 at shot!!!! I believe he was told to go elsewhere, which might explain the new interest in tonedcoins.com and Rare Coins of NH!!! You might talk to JK on the details of what exactly happened re: Ebay/Ron's intercession.

291fifth · August 25, 2005 5:42AM

If your photos are formally copyrighted you can recover attorney fees...or so I have been told. Can anyone confirm this?

crispy · August 25, 2005 5:47AM

<< Best thing to do is to watermark all your pics from now on. >>

Bingo. If they are too lazy to produce their own images, they probably aren't going to take the time try to remove the watermark (assuming they have Photoshop and know how to use the tools).

<< Isn't Ebay all warm and fuzzy? This happened to Airplanenut on his JK PHOTOS webpage. As it stated it was copyrighted, I suggested he contact the thief and notify both Ebay and the seller there was a standard $50 charge for the use of each photo. Interestingly he took it a further and told me he had an attorney/coin guy send a billing letter (The "Don" of the Tonedcoin.org board). The thief actually paid!!!! And what was funny, he was so happy with the stolen photo, he wanted to pay to use more of them at $50 at shot!!!! I believe he was told to go elsewhere, which might explain the new interest in tonedcoins.com and Rare Coins of NH!!! You might talk to JK on the details of what exactly happened re: Ebay/Ron's intercession. >>

That's hilarious! People really are funny animals.

ILikeDimes · August 25, 2005 5:47AM

.......and not only did they steal your obverse 1942/1 PCGS VF-35, if that's the pic they stole, which it appears to me to be, they're also passing it off as a 1942/1-D AU-55..............

isn't THAT fraud?.......

edited to add they stole more than 1 pic .........and again to change to VF-35.....

Tonelover · August 25, 2005 5:57AM

ILikeDimes, you are correct, somewhat. They used the obverse of a 42/1-P and the reverse of a 42/1-D, both of which are graded VF-35.

That is the last time I will waste my time reporting a fraudulent item to ebay.

topstuf · August 25, 2005 6:10AM

Psssst, buddy.....wanna buy an image?

crispy · August 25, 2005 6:14AM

<< Psssst, buddy.....wanna buy an image? >>

Yeah, sure. Meet me at the bus station. I'll be the one wearing the white carnation. And you?

ILikeDimes · August 25, 2005 6:14AM

Tonelover, is that you the person (thief) bought a 1963 roosie from in July? If I'm putting 2 and 2 together right, I think it is.

So, at least, "You know where they live".

streeter · August 25, 2005 6:15AM

IMHO

I have yet to observe any company in my 30 years since I left college ---any company with so much consumer goodwill......fall so far so fast ..as ebay has in the last 2-3 years.

unrecoverable situation. JMHO

morgannut2 · August 25, 2005 6:16AM

Like I said--PM Ron and Jeremy--don't get mad, get paid (every time!!)

Tonelover · August 25, 2005 6:18AM

<< Tonelover, is that you the person (thief) bought a 1963 roosie from in July? If I'm putting 2 and 2 together right, I think it is. So, at least, "You know where they live". >>

Nope not me, at least not that I can recall.

BTW, their response came well after the auction ended so it would have been a moot point anyway.

777 · August 25, 2005 6:20AM

I have received the same exact respones over and over again

..... This takes me back to a prior thread>>>quote-unquote Ebays security is run by the three stooges

Something MUST be done about the fraud..

ILikeDimes · August 25, 2005 6:21AM

oops, my mistake.....the same guy bought the 63 roosie from you AND the 1942/1-D from the thief.........

Toren · August 25, 2005 6:25AM

Ebay is setting themselves up for a class action lawsuit of unprecedented proportions. With so much money at stake some fat cat law firm could dig in for the long haul and potentially reap hundreds of millions (like the Florida tobacco case, where one lawyer--just one member of a firm--personally made over $47 million dollars).

airplanenut · August 25, 2005 6:32AM

<< Isn't Ebay all warm and fuzzy? This happened to Airplanenut on his JK PHOTOS webpage. As it stated it was copyrighted, I suggested he contact the thief and notify both Ebay and the seller there was a standard $50 charge for the use of each photo. Interestingly he took it a further and told me he had an attorney/coin guy send a billing letter (The "Don" of the Tonedcoin.org board). The thief actually paid!!!! And what was funny, he was so happy with the stolen photo, he wanted to pay to use more of them at $50 at shot!!!! I believe he was told to go elsewhere, which might explain the new interest in tonedcoins.com and Rare Coins of NH!!! You might talk to JK on the details of what exactly happened re: Ebay/Ron's intercession. >>

Well, the story's not exactly right (Ron wasn't involved), but I did email the seller, and have an attorney email the seller.

And I DID make $50!

SFDukie · August 25, 2005 6:37AM

Too bad for numismatics that the largest online forum just doesn't care. Sorry to hear about the blatent image theft and lack of response.
Ebay had a booth at SF ANA. For the two days I attended, it was mostly empty of ebay personnel. Finally, Lia (can't recall her last name) appeared. I politely and I hope tactfully attempted to discuss problems with coin scamsters on ebay with her. She foisted me off to an underling and disappeared as quickly as she could. I used the savannah scammers various names, fb, and listings as an example of how difficult it is to get even repeat scamsters NARUed-he listened politely but offered only platitudes.
Don

ddink · August 25, 2005 6:42AM

If you sent a DMCA to whoever hosts eBay's website, I'll guarantee you get a response

Did that one time to another company that was stealing my written works and they got dropped like a hot potato. The last thing web hosting people want is a DMCA lawsuit.

segoja · August 25, 2005 6:47AM

What is DMCA for us uneducted non lawyer, non suing types?

streeter · August 25, 2005 6:51AM

digital millenium copyright act

SUPERCARCOINS · August 25, 2005 7:01AM

.....I think Pepperinmydooodles works for the eBay task force

ILikeDimes · August 25, 2005 10:17AM

I know it's not my picture, but this thing really ticked me off. I e-mailed this person and told them the coin pictured ISN'T a 1942/1-D.

Their reply.......Question from btrflyroses
The Auction is over.....Why are you emailing me?
Respond to this question in My Messages.

So, I replied back........."Good point. Why AM I e-mailing you? Maybe I should e-mail the buyer".

The auction is over = I ripped them off already.

ILikeDimes · August 25, 2005 10:48AM

and heres her answer............

Go ahead..........he was a shill bidder anyway..........NOW leave me alone Or I will report you to EBAY for Harrasment........

Maybe I'll report HER to ebay (not that they'd do anything) for KNOWINGLY posting a VF-35 as an AU-55.

ddink · August 25, 2005 10:48AM

An example of a DMCA filing is this:

(P.S. I adapted it from a DMCA I filed against someone who was selling some of my freelance written works, so if I messed up some legalese in adapting it, I'm sorry!)

The premise is that if eBay knowingly allows your copyrighted works to be used, they are complicit in the theft. If eBay's webhost knowingly allows ebay to allow the user to use your copyrighted works, they are also complicit. Lawyers correct me if I'm wrong, not 100% sure on this. All I know is the one time I had to send a DMCA letter, all pages that I specified were pulled.

<<
Dear (webhost),

It has come to my attention that material sold on a website hosted by your company, ebay.com, is violating my copyrights by using images copyrighted soley by me, after I have issued a cease and desist order telling them to remove my copyrighted works and any descriptions or advertisements relating to said copyrighted works.

I have issued a cease and desist order giving the (user ID of seller, and CEO of eBay) 24 hours to remove my copyrighted worksHe does not have my permission to sell these works, advertise, use, or describe them in any capacity. He has failed to comply and is currently using my copyrighted images on his site without my authorization.

Therefore I am requesting under the DMCA that the following pages and
corresponding files be removed for violating my intellectual property rights by perpetrating what could be considered by Federal authorities to be criminal fraud:

(ebay auction links and file names)

I am also forwarding you a copy of the cease and desist order that was emailed yesterday.

I swear under penalty of perjury that the above is true and correct.

(your name, address, & phone number)
>>

Conder101 · August 25, 2005 5:26PM

I think I would watermark my pictures with "Photo marked because eBay refuses to protect intellectual property rights."

Ebay response to my report of image theft

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