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

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.

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sharingtheland · ‎02-09-2019

1) What is a DMCA Company?

2) Don't click on that link.

3) Ignore.

Sherry

=^.^= =^.^=
( ) ( )
" " =^.^= " "

ozarkjoe · ‎02-09-2019

l would demand a letter in the mail and contact information from this person.

alcoforever · ‎02-09-2019

DMCA is the Digital Millenium Copyright Act.

Under the first sale doctrine you have every right to sell that stuff. I would ignore the email.

Make sure you are using your own photos for all your items; that may be the issue as that is a violation of intellectual property rights.

ohnojoey · ‎02-09-2019

It may be someone reported one of the stock photos you use and they started a "Takedown" with DMCA, if it's legitimate.
https://www.dmca.com

There are the model/clothing and the protein powder?

7606dennis · ‎02-09-2019

The DMCA is a law not a company.

You may want to visit the US Copyright Office web for more information about copyright protection offered under the act.

"It is an intelligent man that is aware of his own ignorance."

alcoforever · ‎02-09-2019

@7606dennis wrote:
The DMCA is a law not a company.

It is also a clever website (link in an earlier post here) that sells a takedown service. Whether it works or just takes money from the gullible is yet to be determined.

a_c_green · ‎02-09-2019

@sharingtheland wrote:
2) Don't click on that link.

3) Ignore.

The eBay ID of the sender appears to be a troll account, set up only for the purpose of sending these messages to sellers.

I agree that you should not respond, as that will only encourage them. Just be sure that you are using only your own photos for the items that you're selling, not stock photos that you got from somewhere else. (It definitely does look like some of your listings are using copied photos.)

autopartspuller · ‎02-09-2019

That email is nothing but a scam.

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 would ignore and continue doing business.

As for your photos. In general it is always better to photograph the actual item, that is unless you are drop shipping. People like to see what they are buying.

7606dennis · ‎02-09-2019

@alcoforever wrote:

@7606dennis wrote:
The DMCA is a law not a company.
It is also a clever website (link in an earlier post here) that sells a takedown service. Whether it works or just takes money from the gullible is yet to be determined.

Interesting! I suppose that somewhere in the fine print on the site it has one of those "Not affiliated with any government agency" disclaimers like all those Medicare supplemental insurance ads you see and arrive in the mail.

"It is an intelligent man that is aware of his own ignorance."

little.font.lord.leroy · ‎02-09-2019

First of all, you didn't say where, when or how you got the message. You left out the most important fact. Did it come from/directly through eBay private messaging? is it in your eBay account messages?

Or did it come from who knows where and sent to your private eMail server (hotmail, yahoo, gmail, etc).

The user, dmca-agent, set up their eBay account in Feb of 2017, and promptly had a name change. It is unlikely that they are an agent for DMCA, so it's some sort of scam or competitor or nut case. A DMCA agent would tell you the exact infringement and the exact item number for the listing that was in violation, but more likely they would do it through eBay's VERO program.

I'd be deeply interesting to find out what this individuals angle was.

ONLY contact them through eBay's private messages, at eBay (not through your private eMail respond to email option).

DO NOT delete any messages.

Respond through eBay messages something like, "Thank you for contacting me about this issue. How do you suggest I proceed."

If they write back, or direct you to do anything outside of eBay, though a link or etc. -then call eBay and talk to an agent. Report that there is a user using a fishing scam (trying to get personal information or log in pins). tell the date/headline etc of the message. You may want to be signed in at eBay when you call so you can look up the message, if need be.

Good luck. I hope you catch the scoundrel.

robot-hands · ‎02-09-2019

You would have had your listing pulled by ebay with a VERO notice if this was on the up & up.

...and if you don't start taking your own pictures that will happen sooner rather than later.

sharingtheland · ‎02-09-2019

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.

Sherry

=^.^= =^.^=
( ) ( )
" " =^.^= " "

lanascloset430 · ‎02-09-2019

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.

lanascloset430 · ‎02-09-2019

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.