eBay Cheats & Copyright Thieves
dayna182 in eBay Copyright Theft
dayna182 of Burlington, Ontario, Canada, stole our 1972 Gold Proof Jamaica 10th Anniversary Independence Twenty Dollars Obverse & Reverse Photographs to use on eBay, without permission to try sell his own coin. Totally dishonest.
He failed to state or warn potential buyers he had stolen our high quality photographs, in fact falsely claiming that "this photo" (sic) is the actual item you will be receiving. This is deception.
Image theft is endemic on eBay, and most sellers appear not to care whether their buyers are deceived.
High eBay Feedback is No Guarantee of Integrity or Honesty
When we wrote this page, this eBay member's feedback was 13, according to eBay.
eBay Copyright Thieves
Many eBay vendors use our coin photographs to sell inferior quality coins on eBay. These eBay members are dishonest and should be avoided.
We believe eBay profits from IP rights infringements (copyright theft), and does so knowingly, only removing infringing items reluctantly, if at all.
Sample Listing
OVER 1/4 QUARTER OUNCE PROOF 1972 JAMACIAN (sic) GOLD COIN
PLEASE NOTE I SET A LOW RESERVE OF 320.00 THANKS
JAMAICA 1972 $20 10TH INDEPENDENCE GOLD COIN AS SHOWN
Description:
JAMAICA 1972 $20 10TH INDEPENDENCE GOLD COIN AS SHOWN. COIN CONTAINS .2532 OUNCES OF PURE GOLD
You are bidding on a UNCIRCULATED OVER 1/4 OZ, .2532 OF ACTUAL FINE GOLD COIN
This Photo is the actual item you will be recieving (sic).
PLEASE READ AUCTION TERMS & POLICIES BEFORE BIDDING.
By placing a bid on this auction listing, you agree and comply with the seller's terms and policies.
Payment accepted: Paypal
Shipping Method: Xpresspost-Domestic and US
Purchases must be completed, PAID IN FULL WITHIN A 7 DAY PERIOD.
Shipping time for domestic packages is 3-9 working days. International shipping time could vary because of customs.
Local pick-up is not available due to security reasons.
We always leave positive feedback after receiving one from the buyer.
If a problem arises regarding any aspect of your transaction, please contact us first so we can together resolve the situation.
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Seller ID | Item Number | Date | Description | Price
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dayna182 | 110600403785 | 18th Oct 2010 | OVER 1/4 QUARTER OUNCE PROOF 1972 JAMACIAN GOLD COIN | US $9.99
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dayna182 | 110603516470 | 26th Oct 2010 | RARE 1976 1/4 oz $100 Canada MINT Gold Coin 1/4 ounce | US $0.25
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What's Wrong?
We invest a great deal of time, effort, and cost into creating some of the best photographic coin and gold bar images on the internet. We strongly object when lazy and dishonest people decide to use them without a by your leave or thanks, doing so in competition with us.
Copyright theft is dishonest. We recommend you avoid doing business with dishonest dealers.
It is always possible, even likely, that sellers who steal photographs do not own a similar coin, and have the intention to totally defraud potential buyers.
The vendor is not only cheating us by stealing our copyright images, he is fraudulently or ignorantly misleading and deceiving all potential buyers. Gaining pecuniary advantage by deception is the definition of fraud.
Price
The seller was asking a starting price of $9.99 for his item, but in his description states a "320.00" reserve.
Whatever the item "sold" for, after eBay's greedy 10% selling fees, and possible PayPal charges, the crook may have been much better off selling the coins to us, instead of stealing our photographs.
Repeat Offender Encouraged by eBay
Probably encouraged by his apparent success at selling his first item using images stolen from us, he did it again with different photos for a different coin. This second listing was started on 26th October 2010, two days after we reported his first item, and while eBay were still shilly-shallying and delaying. If they had removed his first item promptly, and told him clearly why, by relaying the information we provided to them, it is possible, but by no means certain, that he would have realised the error of his ways. By their undue and unnecessary delay, eBay have encouraged or failed to discourage their member in the matter of copyright abuse, and created more work for us at the same time.
eBay Truculence, Tardiness, Stupidity, or Obstruction
Most of the time, eBay do remove reported copyright infringements fairly quickly, but sometimes we experience delays, queries and challenges, the reasons for which we find hard to understand.
We will our reproduce our complete NOCI (eBay's acronym for its Notice of Claimed Infringement) report here, because it will only encourage some idiot to send spoof e-mail reports in our name, but will include sufficient to demonstrate that our NOCI reports to eBay should be capable of being understood by most English speakers with even a modicum of training or intelligence:
Notice of Claimed Infringement - Statutory Declaration
eBay International A.G.
Attn: VeRO Programme
Fax: +44 (0) 870 458 4522
Date: As below
Dear eBay,
I, xxxx
Of xxxx
do solemnly and sincerely declare as follows:
I am the owner, or ... authorised to act ..., of certain intellectual
property rights ("IP Owner");
• I have a good faith belief that the listings identified below (by item number) offer items or
contain materials that are not authorised by the IP Owner, its agent, or the law, and therefore
infringe the IP Owner's rights according to English law; and
• I make this declaration conscientiously believing it to be true and correct and in accordance
with English law.
Rights owner: xxxx and / or xxxx
Address of the rights owner: 32 - 36 Harrowside, Blackpool, Lancashire, FY4 1RJ, England
I may be contacted at:
Yours faithfully,
Signature
*Reason Code*:
*Copyright—Infringing **/Listing /**Content *
4.2 Listing(s) uses unauthorized copy of copyrighted image
or
4.1 Listing(s) uses unauthorized copy of copyrighted text
or
4.3 Listing(s) uses unauthorized copies of copyrighted image and text
We also hereby request you to supply us with the full contact details of the infringing member.
Please note that in our experience, eBay members infringing copyright should also be treated with suspicion, as it is likely that they do not own the coins or other items for which they are using copied images, they may be falsely misrepresenting the condition of the coins offered, and if copying our text, they may be falsely pretending to have expert knowledge of the items being offered.
Please also note that most of our images can be identified and verified by the presence of a Digimarc watermark.
Item Number(s)
Member ID
Date
Further & Better Information
Where we show a URL below, further and better information can be found at the specified URL for your information, or for the benefit of your infringing member:
(Link to this page).
eBay's "Err, Wot?" Response:
eBay VeRO Program - NOCI Received - More Information Requested
Hello,
Thank you for contacting the VeRO Program.
We reviewed the Notice of Claimed Infringement you sent us today and the items you identified.
dayna182
110600403785
The Verified Rights Owner (VeRO) Program is designed to process reports of intellectual property infringement. From the information provided, however, the nature of intellectual property infringement you are attempting to report is unclear.
If you feel that these listings do infringe on your intellectual property rights, please respond to this message and provide us with a more detailed explanation.
If you'd like to report a stolen item, please go to:
http://pages.ebay.com/help/policies/stolen.html
We look forward to hearing from you.
Sincerely,
VeRO Program
eBay
Our FBI Response (Further and Better Information) re eBay Copyright Theft
We reproduce our standard response template, with a few insignificant edits to deter spoofers:
Dear Sirs,
We have reported this item as infringing under solemn declaration (quoted):
Your "Notice of Claimed Infringement - Statutory Declaration"
does not stipulate that we give a "more detailed explanation.", and we do not consider it should be necessary, as we have made clear to you numerous times in the past.
We cited "*Reason Code*:
*Copyright—Infringing **/Listing /**Content *
4.2 Listing(s) uses unauthorized copy of copyrighted image
or
4.1 Listing(s) uses unauthorized copy of copyrighted text
or
4.3 Listing(s) uses unauthorized copies of copyrighted image and text "
in our original report.
Your statement: "From the information you have sent us, it doesn't appear that you are reporting an intellectual property infringement." is hard for us to understand. Why else would we report a copyright infringement.
We believe that your repeated messages querying our reports demonstrates a lack of commitment, education, training, and communication in your VeRO department.
Would you please pass a copy of this message to the senior manager of your VeRO department, and your legal department.
Please ensure the offending listings are removed without further delay.
We will repeat that we will bring each and every delay or failure to remove, and do so in good time, to the attention of our legal advisors, and also to a court in support of any and all claims against you.
The images used in this listing are our copyright images.
Our Digimarc watermark can be found on your member's listing, if viewed using a Digimarc enabled browser, or other Digimarc plug-in to a suitable product such as Adobe Photoshop.
We have also included a link to a page of our one of our websites where we explain, in considerable detail, the details of this particular infringement, together with any other infringements on eBay by the same eBay member, samples of our own photographs as used by your infringing member, and a link to a page of one of our websites where the original image or images can usually be found.
Regards,
xxxx
xxxx
32 - 36 Harrowside
Blackpool
FY4 1RJ
England, UK.
Case History
- We reported the above item listing on Thursday 21st Oct 2010
- We received a "eBay VeRO Program - NOCI Received - More Information Requested" query on Saturday 23rd Oct 2010
- We sent "Further and Better Information re eBay Copyright Theft" e-mail on Saturday 23rd Oct 2010, with a copy to their European Head Office in Bern Switzerland, including in both a link to this page.
- By Monday 25th Oct 2010, we had received no acknowledgement of reply.
- Watch this space.
eBay Guilty of Negligence or Complicity
We will be reporting this example of copyright abuse using our standard Statutory Declaration via the eBay VeRO programme, and wait to see if they chose to action or ignore our report. We look forward to taking legal action against eBay for their negligence and / or complicity if they fail to take down the offending material promptly.
Copyright Notice
Please see our "Copyright" page for further information.
Buying Gold Coins & Bars on eBay
Selling Gold Coins & Bars on eBay
Copyright Thieves on eBay
We already have a page naming and shaming dealers using our images without permission. It's time we did the same for eBay, although if we include them all, this could be a very long page.
Alphabetical Listing of Other Copyright Theft Sites
Other Scams
Other Web Sites
All comments about copyright also cover content of all our other websites including, but not limited to:-
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dayna182 eBay Listing Using our 1972 Gold Proof Jamaica 10th Anniversary Independence Twenty Dollars Obverse & Reverse Photograph
Our Images
Our 1972 Gold Proof Jamaica 10th Anniversary Independence Twenty Dollars Reverse Photograph
Our 1972 Gold Proof Jamaica 10th Anniversary Independence Twenty Dollars Obverse Photograph
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