Someone has plagiarized my text and photos and eBay is refusing to help me...

[goldstaroffers]

I have called eBay six times so far. I have talked to one supervisor. I have talked to the Trust and Safety department probably five times. The last person I talked to filed a new claim. Nothing has changed. It's been five weeks now. This guy has taken over $3000 in sales using my ad copy. Why won't anyone help me?

For the love of God, can someone at eBay please help me?

Thank you.

-Scott

[fern*wood]

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@goldstaroffers wrote:

Thanks for the reply. I guess I have to hire an attorney. Thanks ebay! 

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Everyone is free to use their hard earned money pretty much however they wish.   So this is your choice I suppose.    

My husband lists a few things, and usually the backdrop is our yard, and the items are used.   We once had a buyer contact us to see if our listing was the actual item they would receive, since another seller used our backyard photos and our description for his item.  The problem is all on the other seller since his item wouldn't necessarily match, so I don't worry much about this.   New items wouldn't have this issue except for accessories, but again, the other seller would own the problem.

[theteamsetguy]

@goldstaroffers ,

Like they say “imitation is the best form of flattery”. That’s the way I look at it when someone copies my listings. 

I would just owed my price to the point to blow your completion out of the water. Once he/she is gone raise your price back up. Problem solved.

[anasazirose]

About the only thing you can do is put a water mark over your photos.  It won't stop them, but an observant buyer would notice.  Your watermark could say, 'If you aren't buying this item from goldstaroffers, this photo is stolen and you won't get the same deal" or something similar.

[itsjustasprain]

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@goldstaroffers wrote:

This guy has taken over $3000 in sales using my ad copy. Why won't anyone help me?

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Aside from the fact that Ebay grants a license for others to use your images and text for items you list here - which you agreed to in the User Agreement - its also pretty obvious that you lifted your own listing photos from elsewhere to begin with. For example - your listing for the NV3180 Night Vision scope uses photos that can also be seen on Alibaba.com and elsewhere - probably generated by the Chinese manufacturer themselves.

[stainlessenginecovers]

You can sue someone in private civil court if they are making money by actually selling the verbiage or pictures you created. That 'seller' is NOT selling those pictures or the verbiage, he is selling the item. 

Like someone using pictures or verbiage, all or some, in a 'book' or 'magazine' that is sold, with the 'sole purpose of that 'thing' being sold is to 'read/see' those words/pictures. 

Also note: The 'selling' of those works is NOT protected by Federal Law- as it is NOT illegal, it is simply 'grounds for a suit'. 

Therefore, this is NOT plagiarism. 

[the_fancy_fox]

How I miss the good old days where people would snag the link to where your picture was hosted. 

Made it simple to just change the picture. The overflowing litter box was my favorite. 

That said, now as soon as you list on ebay, the ebay agreement says they own your pictures and text and can do as they like with them. They allow other users to use your work. It’s in the user agreement. By listing on ebay you agree to their terms. 

I know it’s upsetting but not much you can do about it. 

As for the outsourced CS, don’t bother. They will tell you anything to get you off the phone.

[luckythewinner]

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@goldstaroffers wrote:

Lol. Federal law overrules ebay's policy. You can't make up the law. I'm not mad at you, I appreciate the response, but that is beyond f'd up. ROFL.

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Exactly.

Federal law also says that you can assign the rights to use your images and descriptions.

And when you signed the eBay user agreement, you assigned those rights to eBay.

[albertabrightalberta]

Are you not aware that YOUR OWN use of rights owners' stock images infringes on their intellectual property? Go to any of those manufacturers' websites and read the legal section regarding intellectual property. 

@goldstaroffers 

You might want to familiarize yourself with the clean hands doctrine. 

clean hands doctrine

n. a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim.

[albertabrightalberta]

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@goldstaroffers wrote:

I edit my stock photos. Yes, some are unedited. I don't care about those. The 2nd photo on my PVS14 listing is mine. I edited it. He has no right to use it. The guy can't code, so he uses ebay's templates for his product listings. He couldn't find a template for the PVS14, so he decided to use parts of my ad copy. I got mad at him, so he took down a few photos. He thinks he has the right to pick and choose what he want's from my listing. 

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Editing someone else's (stock) photo does not make it your work. YOU are the one making unauthorized use of someone else's images.

[albertabrightalberta]

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@the_fancy_fox wrote:

How I miss the good old days where people would snag the link to where your picture was hosted. 

Made it simple to just change the picture. The overflowing litter box was my favorite. 

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I have a friend who changed the pictures to porn when someone hotlinked to her image-hosting site! 

[goldstaroffers]

Thanks. I don't care about the stock photo he copied, I care about the photo I edited that he is using. It is an edited stock photo the supplier provides. Even if the photo can't be copyrighted, he at least needs to remove my headline and the description. Since he is not offering accessories, he is defrauding his customers via false advertising.

[goldstaroffers]

Will do.

[goldstaroffers]

Thanks. I like to edit the photos that my supplier gives me, but I will probably have to start taking my own if this becomes a problem. Been on ebay for two years now and no one has done this to me. The fact that ebay straight up does not care is what is bothering me. We have federal copyright laws in this country. No one has the right to steal my words and use them to defraud people. This is beyond f'd up.

[goldstaroffers]

People screw me over so much, I feel like I have no choice but to waste some money on an attorney and learn how the Judicial system works. It took my bank 5 weeks for me to sign a legal document to get a wire transfer reversed from a scam artist. I had his bank put the money on hold and took all the necessary steps. I lost over $1200 because someone at my bank couldn't spend 5 minutes to get me to sign a piece of paper. As for this problem with ebay, someone is obviously not doing their job. Sometimes, ebay makes more money than I do on my sales. The least they can do is spend two seconds deleting this guys listing for me.

[goldstaroffers]

I don't like price wars. Plus, why should I have to lower my profits when ebay can easily step up and help me with this problem? You are right though, I will probably have to have a price war with this guy.