Scammer stole my photos - is using them to scam buyers - ebay has known for 6 weeks!

[apsolutions]

I have been on ebay for 22 years and have never had a situation like this.  I contacted by a potential customer asking me if what was shown in my listing was what they would actually get and if the photos shown were actually mine?  I found this odd and inquired affirming that everything in the listing was mine and was genuine.  She informed me that is doing a search for the item she was looking for my photos came up in 2 other listing under 2 other usernames - my hand and the piece of jewelry - identical - they stole my photos.  I investigated further to see the word play they were using and with their title and my photos they were not remotely selling anything that resembled the photos.  Unfortunately there are people that think they can get a 2 carat diamond for $111.   Every jewelry listing they have - had the same description which does not say what you are buying, people are buying based on a title and photos - stolen photos.  One of his user ID's has 36 negatives for fraudulent selling and they say that they are in New Jersey but they are not - they are in India.  I have spoken to ebay multiple times and they keep saying they are working on - It has been 6 weeks and this is not OK.  And by using my photos it ties me to a scammer that is involved in mail fraud and other activities - why is this OK, why is it not taken care of.  I am quick to get a slap ion the wrist for an error or a ding for shipping something one day late and this is allowed to continue?  I have reported the user ID on both of the accounts multiple times and reporting each listing multiple times.  After I went to the listings to check them out I started getting offers from the fraudulent buyer on the listing showing my bracelet, my hands and my photos - trying to scam me into buying something with my own photos!!!! I am getting ready to message everyone that left negative feedback for fraudulent behavior to be sure it was reported to ebay - what else can I do to get these listing taken down that are using my photos and the reality is this person needs to be thrown off ebay.  Any suggestions?

[dhbookds]

Personally, I would change my photos........ if waiting for ebay to do it, harms my sales/reputation.....

No, you shouldn't have to.........but self preservation is the main goal.

Old story of a philosophy class talking about "rights"......

You are approaching an intersection with cross traffic having a stop sign.......you have the right to proceed without stopping.  But you see a car approaching with such a high rate of speed that you know they cannot stop in time if you proceed thru the intersection..........  Do you exercise your right to proceed? 

[apsolutions]

Ebay advised me not to do anything while they are investigating and the only way I will know if and when they are done is the listings in question will be removed.   They need to go after the people that are the issue not the legitimate small businesses trying to survive.

[ittybitnot]

what else can I do to get these listing taken down that are using my photos 

@apsolutions 

Unfortunately, the (eBay) reality is that it is no longer a policy violation for another person to use your photos and/or description.  Once it is posted to eBay it is fair game, and can be used by anyone else.  


Tacky?  yes

Unethical? yes
Against policy?  No 

Even if you become a VERO member, eBay will not act on your complaint if your pictures are also posted on eBay by you.  If they were stolen from your own website, yes, but not if they are on eBay.    If you don't want to be associated with the criminal element that snagged them, changing your own pictures should at least temporarily take care of the problem.  Until, of course they do it again. 

[fashunu4eeuh]

This is a travesty. Sorry you are dealing with this user. Unfortunately it is no longer a policy violation to use another seller’s text or images. At one time eBay would intervene. But no more. Now eBay claims ownership of any image used in its catalog and invites sellers to use such images as well.

So despite what customer service has told you, eBay will not get involved. It will be up to you. Have you notified the seller to cease and desist using your intellectual property? That is the first step. If he doesnt stop, then an attorney could draw up a letter telling them you will sue if they do not remove your images. You would then take them to small claims court. 

All of those steps will cost you money, aggravation and time. It is grossly unfair but this is the reality and the risk of selling on eBay.

Btw, multiple reporting of the same issue won’t help your situation and may interfere in getting the desired outcome. And you will be unable to contact the errant seller’s customers because all buyers have their privacy protected by anonimity. 

Below is a link to the picture policy. I suggest becoming very familiar with the policies surrounding this issue so you can have a clear picture of what eBay will and won’t do. Good luck and i hope this gets resolved to your benefit. 

https://www.ebay.com/help/policies/listing-policies/picture-policy?id=4370

[apsolutions]

Actually I do not store my photos on ebay - I use a private hosting source - not sure if that makes a difference but they were never directly uploaded to ebay or stored on their site other than in my listing which also was not launched directly on ebay - I also believe the policy reads that it is ok for public use if the item correlates with a stock item in ebay's catalogued items - which it does not.  But mail fraud is illegal .  This is just not acceptable - I am very good at self preservation but this is just not OK with me.

[dhbookds]

I

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@apsolutions wrote:

Ebay advised me not to do anything while they are investigating and the only way I will know if and when they are done is the listings in question will be removed.   They need to go after the people that are the issue not the legitimate small businesses trying to survive.

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I would sure question them on that, if it's been 6 wks.

[ittybitnot]

then an attorney could draw up a letter telling them you will sue if they do not remove your images. You would then take them to small claims court. 

@fashunu4eeuh 

Somehow I don't think a criminal operating out of another country is going to be too impressed with the threat of "small claims court" or any type of legal action on the part of eBay due to some 'investigation'.   Just sayin'

If the errant ID starts costing eBay some bank, then something will be done.  I would surmise that what the eBay CS told the OP about some "investigation"  is just a made up story. 

[ittybitnot]

This is just not acceptable - I am very good at self preservation but this is just not OK with me.

@apsolutions 

I agree, and would never find this "acceptable".  In the old days when we hosted photos elsewhere, and another user 'hot linked' to them it was possible to replace the image that showed on their page with that of a rear end of a horse, or one with a big "Picture Thief" graphic.  That often worked.  Just for reference, here is the applicable policy as it is posted now.  Note, the photos don't have to be in the catalog for them to be used by another member anymore. 

What should I do if my image, video or text is being used by another member?

When you create listings you give eBay and its members permission, through our user agreement, to use your images, videos and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings.

You may contact the member and ask them to remove your image or text from their listing if it is not part of the eBay product catalog.

https://www.ebay.com/help/policies/listing-policies/images-videos-text-policy?id=4240&st=12&pos=3&qu...

I would suspect that  the old policy violation was too time consuming and costly to enforce, so it was more expedient just to allow it since people did it anyway.  Sort of like it USED to be a violation to 'make an offer' on a listing that did not display the make offer feature.   People did it anyway, basically not enforceable or prudent to give policy violations to buyers,  so now it is no longer a violation. 

[releasethekraken_1]

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@apsolutions wrote:

Actually I do not store my photos on ebay - I use a private hosting source - not sure if that makes a difference but they were never directly uploaded to ebay or stored on their site other than in my listing

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“Stored on eBay” doesn’t mean that you have a private area to keep photos until you need them. When the photos are uploaded to your listing (regardless of the source), they are stored in eBay’s computer system.

Your reluctance to change your photos is quite short-sighted.

[empire_store_1]

call ebay

[releasethekraken_1]

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@empire_store_1 wrote:

call ebay

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Posting the same unhelpful “advice” on a bunch of threads doesn’t help your seller reputation. It does exactly the opposite.

[skeletonstore]

File a DMCA take down via Vero.  I use a standard form myself,  identify the listing(link)and make a statement under the penalty of perjury that you affirm all your allegations are true.  Sign statement. I often use photoshop or pdf.  You can also print out your complaint,  sign it,  scan it and send the text file.  You do not have to go into some long discussion or prove that the photos are yours.  All you have to do is make the claim in the manner I suggest.  Ebay and their legal department not some clueless rep is obligated by LAW not by site policy or rules but by LAW to remove the photos. If the user relists, report them again and they will be suspended.  Here is a form I've used for years.  I usually briefly describe the infringement and if an Ebay listing I add the link to my listing. However keep in mind this is not a debate or argument.  This is a legal demand you are making.  That is much different than calling up Ebay and getting the run around.  Ebay is obligated by law in order to maintain their safe harbor provision of the copyright law.  

Country where copyright applies: US
 
I state UNDER PENALTY OF PERJURY that:
 
I am the owner, or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
This notification is accurate.
I acknowledge that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Authorized Signature: 

[wrong66]

Small Claims court? In India?

[b86fiero]

Sorry you are dealing with unethical and dishonest sellers.  

I have my entire listings copied all the time.  The photos I take, my extensive item specifics (not required but info buyers may want), even my actual eBay User ID often is stolen and inserted in these bootleg listings.  (And my photos aren't that great).

eBay does nothing about copied work product but I have had some success in having listings illegally using my User ID removed.

Best of luck with your dilemma.