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

[a_c_green]

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@goldstaroffers wrote:

As I said, I care mainly about the text. He is claiming he is offering accessories which he is not.

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Wouldn't that end up being a problem for him? i.e. Not you...

I sometimes see people who have copied portions of my own listings, but more often than not, they haven't actually read the listings (or Item Specifics) in enough detail to recognize where their item may differ from mine. That's their problem; I don't worry about it.

A couple of comments on text: Titles cannot be copyrighted at all. As for the text, I don't think a lot of prospective buyers read it all that closely anyway. They're almost certainly more swayed by the huge pictures and captions within the photos (something that the Chinese like to do heavily, despite some strange wording and often atrocious grammar).

If you want your listing to stand out from the others (you have way more than one competing seller for those products), take your own photos in addition to writing your own text. If nothing else, it will make your listings look distinctively American, as opposed to something just off the boat from China that's using the manufacturer's own photos and fractured English. Good luck.

[goldstaroffers]

He made money using my words. That was the context of the statement. Not too  hard to understand. His offer is NOT the same as mine. He should not have clicked on "sell similar." It's like talking to a brick wall with some people in this forum.

[goldstaroffers]

The legal expert I have talked to in a different forum says I have the right to sue him. I appreciate all the responses, but we do have laws for a reason. I never signed away my rights to this guy.

[lakefor94]

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@goldstaroffers wrote:

He made money using my words. That was the context of the statement. Not too  hard to understand. His offer is NOT the same as mine. He should not have clicked on "sell similar." It's like talking to a brick wall with some people in this forum.

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That is because you chose only to hear yourself. 

[goldstaroffers]

Price wars only lead to decreased profits across the board. All competitors lose.

[lakefor94]

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@goldstaroffers wrote:

Price wars only lead to decreased profits across the board. All competitors lose.

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Not true. Depends strickly upon pricing available to different competitors. 

Do you really think every competitor buys at the same price from the manufacturer or distributor?

Is your cost the same if you buy 5 or 100 or 500 units?

[luckythewinner]

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@goldstaroffers wrote:

The legal expert I have talked to in a different forum says I have the right to sue him. I appreciate all the responses, but we do have laws for a reason. I never signed away my rights to this guy.

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No, you did not "sign away" your rights to "that guy".

But you did assign specific rights to eBay, and one of those rights was the right to let eBay assign them to "that guy".

It's right in the user agreement in black & white. You really should show that to your legal expert and ask for a revised opinion.

"When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services."

But if you do take legal action, please come back here and post the jurisdiction and the docket number for the case. It will be entertaining to see how much you end up owing eBay in legal costs. I bet their lawyers are expensive. 

[krazzykats]

I sell Hallmark ornaments and this happens a lot.  I take all my own pictures.  Many have been used and copied over the years.  Especially some of the box shots.

One I use for a Barbie ornament even has my name on the bridge in the background.  That part of the bridge has been cropped out on other listings and enlarged trying to make it appear different. 

Was still a copy as the bridge picture is a physical picture with my name on it.

Oh well, that's all the time I have to dwell on it.  I was trying to make pictures attractive and I guess I achieved it on a few.

[kensgiftshop]

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@goldstaroffers wrote:

He made money using my words. That was the context of the statement. Not too  hard to understand. His offer is NOT the same as mine. He should not have clicked on "sell similar." It's like talking to a brick wall with some people in this forum.

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Why not, Ebay provides the option so everyone can use it.

If their buyers have a problem with their orders, they can file an INAD and Ebay will keep track of those and if they get very many, they will deal with them.

Do you have the items on hand or dropshipping them from Alibaba, which is not allowed.

[the_fancy_fox]

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@albertabrightalberta wrote:

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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! 

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Yes I know people that did that one as well, then they reported the person for the porn. Saw a lot of picture stealers get booted for that. 

[a_c_green]

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@kensgiftshop wrote:

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@goldstaroffers wrote:

He made money using my words. That was the context of the statement. Not too  hard to understand. His offer is NOT the same as mine. He should not have clicked on "sell similar." It's like talking to a brick wall with some people in this forum.

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Why not, Ebay provides the option so everyone can use it.

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Just to be clear, clicking Sell Similar on someone else's listing does not bring in their description or photos. (That only works if doing a Sell Similar on a listing of your own.) You would need to upload that content yourself. 

[ibuyoldstuf]

I enjoy reading your responses as it furthers my earlier argument for transparency for all who post "helpful" comments and responses on the community board.. This is Exactly what I describe on my profile page..

Man You Made your point earlier. Let him rant and roll, no need to antagonize.. Be the bigger badge holder when ya can.. especially if that's the only currency that's discoverable here..

wow I hope we all have a better day..

Guy 

[janet9988]

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@goldstaroffers wrote:

Right. I edit most of those. I get them from my Alibaba supplier. If those can't be copyrighted, even after heavily editing them, then so be it. He can at least take down the text copy he stole.

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That other selller can also very well be  using the same supplier as you do.

[yoonix1]

EBay encourages the Sellers to use the content of the listings already active on EBAY. It's completely acceptable because of their written policy. If you have a copyright on your photos, that would change some things. You may ask EBay to remove the listings of the other Sellers for using your copyright material.

[simply-the-best-for-you]

Have you tried contacting this other seller directly?   That's what I did the last time it happened to me.  Though they were my own photos, not stock photos.  It took a few back & forths, but I got my point across & the other seller ceased & desisted.