eBay

lanascloset430 · ‎02-09-2019

I received this message from someone alleging to be a dmca agent. From my understanding of the dmca, this is not the way it works. Thoughts?

New message from: dmca-agent (0)

It has come to our attention that you are using our intellectual property (books, pdf guides, graphics, diagrams, designs, sales copy, trademark images, etc.) to sell our product on eBay.

As a worldwide company, The DMCA is deeply committed to protecting our interests and intellectual property rights. We look forward to resolving this matter and appreciates your cooperation throughout this process.

As you may know, use of our books, pdf guides, graphics, diagrams, sales material, designs, and sales copy without a valid license is considered copyright infringement in violation of US copyright law, Title 17 of the United States Code.

You have not set up a valid licensing agreement with us; therefore, you must immediately cease and desist use of all books, pdf guides, graphics, diagrams, sales pages, designs, trademark, and sales copy, and remove them from eBay.

Reply

sharingtheland · ‎02-09-2019

Seriously, honestly, truly, the message is a scam. Continue to ignore and don't worry about it.

Sherry

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the*dog*ate*my*tablecloth · ‎02-09-2019

OK wait though. The OP appears to be selling digital copies of books other people have written. You can’t do that unless you own th3 distribution rights. Thevwarning could have been from one of those scab companies but that doesn’t mean what the OP is doing is ok.

ive had warnings for illegal downloads of music and movies when my kids were teens. I think this may be along those lines.

robot-hands · ‎02-09-2019

@lanascloset430 wrote:
It was not about any of my current listings. All my listings, even if a stock photo is included, have original photos as well. So if eBay contacts me to remove a picture or removes a listing due to a stock photo, I just repost with pictures that were in the listing previously.

Start another thread on just this topic and see if you want to stick to that after a day or two.

sharingtheland · ‎02-09-2019

Geez, dog, I didn't notice that because I didn't look at OP's listings. I was laser focused on the DMCA Company. <---joke font

I still think it could be a scam - a click on link gotcha - that targets people selling digital books. Maybe ?

Either way, she can ignore the message but pay attention to what you say about her listings.

Sherry

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a*river*runs*through*it · ‎02-09-2019

@lanascloset430

I'd be very careful using those stock pics of your lululemon items. They are a VeRO member and will come after you.

a_c_green · ‎02-09-2019

@lanascloset430 wrote:
They messaged me through eBay messaging and it seems that their angle was that I remove the pdf books that I had up which I did but then I started thinking about it and it didn’t make sense to me because they were all on different topics, etc and the original copyright owner would have to contact dcma who would then contact eBay. So I’m not really sure what this person’s angle is.

Ah. I didn't notice that previously, but yes, you're not supposed to be reselling PDF copies of others' copyrighted works without their permission. From a look at your Sold listings, it looks like you've sold a PDF copy of "500 Ways to Talk to a Man" six times, for example. When you bought the original in PDF form, you did not receive a license to reproduce it, but that's exactly what you're doing, so yes, it does look like you're attracting copyright trolls by doing so.

I would still suggest not responding, but you should also stop selling digital copies of works for which you don't hold the copyright yourself. If you want legal advice, seek out your own legal counsel, so that you know you're getting advice from someone on your side, not the other.

luckythewinner · ‎02-09-2019

@autopartspuller wrote:
If "they" had an issue with your use of materials they deem copyrighted, they would contact ebay. They would not contact you directly via the msging system without any documentation whatsoever.

I am a VERO member, and I always send the seller a message through the eBay message system requesting removal before I file a VERO takedown notice.

little.font.lord.leroy · ‎02-10-2019

@sharingtheland wrote:
DMCA is the Digital Millenium Copyright Act.

Yes, I know that. I should have put 1) in sarcasm font.

For those trying to divine meaning, OP received a scam email hoping to entice her to click on that link.

End.Of.Story.

The "Reply" Link is the type supplied by eBay, these are usually included even if the message is sent to your private eMail account.

The URL for that link references this listing : ebay.com/itm/173711055529

a PDF of a piece by Adrienne Everheart, unless lanascloset430 has made a deal with Everheart or her publisher, they are in clear violation of Copyright law. However, eBay will not take any action until the copyright holder registers with VERO or files a complaint with the Feds.

It is likely that dmca-agent is an account set up by a do-gooder ("teacher, Bobby Schmitzel is copying my paper") who is on a vigilante quest to scare (assumed) copyright violators.

For anyone wanting to do the same type of vigilante work, you would do better to contact the copyright holder (publisher) and send an email with the listing URL (as above: ebay.com/itm/#number) and title. Then let them decide if it is worth pursuing. Some publishers might be flattered or even think it was good advertising. If the book is out of print and unlikely to be revised they may not even give a hoot, because they aren't losing any money at this point since they are no longer selling that title.

However, it this title is being sold by Amazon Kindle (that is the likely source for the pdf), then Amazon would take swift action if you were to provide the same information.

the*dog*ate*my*tablecloth · ‎02-10-2019

I don't consider someone who reports intellectual property theft as a "do-gooder". How do you feel about people selling copied CDs or movies? Is it OK then if someone steals a version of a movie in a theater and sells it on Ebay, if 20th century fox doesn't complain?

Stealing something someone has worked for is theft.

sharingtheland · ‎02-10-2019

I apologize to all for not clicking on the link to see what it said and also for not knowing that's the type of reply link that ebay sends ... but ... this wasn't sent by ebay.

It could be a dogooder or a hired hack but it's not any type of legal document that requires a response.

Now, as to what OP is selling, I still haven't looked but I will of course accept that it is what my esteemed colleagues say it is. <---no snark font used; I just couldn't figure out how to say I agree with the digital assessment even though I haven't looked at it myself. See, I'm all in knots again.

Sherry

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castlemagicmemories · ‎02-10-2019

@a_c_green wrote:
@lanascloset430 wrote:
They messaged me through eBay messaging and it seems that their angle was that I remove the pdf books that I had up which I did but then I started thinking about it and it didn’t make sense to me because they were all on different topics, etc and the original copyright owner would have to contact dcma who would then contact eBay. So I’m not really sure what this person’s angle is.
Ah. I didn't notice that previously, but yes, you're not supposed to be reselling PDF copies of others' copyrighted works without their permission. From a look at your Sold listings, it looks like you've sold a PDF copy of "500 Ways to Talk to a Man" six times, for example. When you bought the original in PDF form, you did not receive a license to reproduce it, but that's exactly what you're doing, so yes, it does look like you're attracting copyright trolls by doing so.

I would still suggest not responding, but you should also stop selling digital copies of works for which you don't hold the copyright yourself. If you want legal advice, seek out your own legal counsel, so that you know you're getting advice from someone on your side, not the other.

I agree.

castlemagicmemories · ‎02-10-2019

Good catch.

little.font.lord.leroy · ‎02-11-2019

@the*dog*ate*my*tablecloth wrote:
I don't consider someone who reports intellectual property theft as a "do-gooder".
Stealing something someone has worked for is theft.

I believe you missed the gist of my comment. At no point did I condone copyright infringement, nor did I call someone who reports it a "do-gooder", but someone who goes the lengths of creating a dummy eBay account in order to send threatening messages to assumed copyright infringement sellers, -imho, that person has got to be a little nutty or seriously bored. But more important, they are wasting their time, as I tried to explain.

The only proper thing to do, if it concerns you in the least, is report it to the copyright holders or their agents (publishers, Amazon Kindel, etc).

My guess is that dmca_agent tried to report it to eBay, but obviously was thwarted by the VERO program, and so created this shell ID to harasses folks who may be copyright thieves, rather than go the extra mile and actually report it to someone who gives a dang.

Creating a fake eBay account to harass users (because eBay won't do it for you) : not cool and foolish.

Not reporting it to the copyright holders: lazy.

All in all, I don't commend the foolish or lazy, and that's the point I think you missed.