Ripping In Ebay

Discussion in 'Spam Heaven' started by Fourstar, Dec 4, 2006.

  1. Fourstar

    Fourstar Well-Known Member

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    ok, this might be a weird and rare question but a friend of mine is being ripped of her worked, her made wallpapers are being used as designs for bags, hoodies, shirts, etc. and yes, that seller is making money... has anyone ever been in this situation, I need some help on this
     
  2. Anthony

    Anthony Well-Known Member

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    GR can't do nothing, unless this 'ripper' is on here.

    Best thing to do is use eBay support and do it that way.
     
  3. Fourstar

    Fourstar Well-Known Member

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    I'm not really asking GR since my friend is not a member of this forum. I'm just asking what would you do and some suggestions if a person ripped your work and start selling them in ebay

    tnx for that suggestion though, I'll try that
     
  4. Somber

    Somber Well-Known Member

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    Well since they are making money, then that is a crime. I'm assuming that the ripper doesn't have your friends permission. You can contact eBay and I'm sure a lawyer about the situation, and the ripper will have to fork over any and all precedes that he/she made off your friends work.
     
  5. Greasy Pete

    Greasy Pete Senior Member

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    it sounds like your friend could make a lot of money off of this
     
  6. Papermache

    Papermache Well-Known Member

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    That's a breach of copyright laws. She could sue the seller. As long as she can provide proof of it's making.
     
  7. Balnazzar

    Balnazzar Well-Known Member

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    Also make sure that her stuff "is" actually copyrighted. Infringement only matters if the object is actually patented already.
     
  8. Fourstar

    Fourstar Well-Known Member

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    that's actually what I'm worrying about, the copyright.. she does have the psds for every work she did, (5 of them have been ripped) and no, she didn't know any of this, we just found out today. tnx for the comments guys. I'm open for more suggestions
     
  9. AsPiCk_666

    AsPiCk_666 Well-Known Member

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    has she upload these through deviantArt


    if so then deviantArt has a copyright policy that it puts on every piece uploaded. try talking to ebay


    would you mind posting a link to the work that is being sold
     
  10. Fourstar

    Fourstar Well-Known Member

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    I will try to find the links for it as I've lost it, she didn't upload it on deviantArt, it is those kind of "fan site" wallpapers which were being uploaded for free for everyone for personal use. It is still in my opinion illegal since the ripper is making money out of it and using it without her permission
     
  11. Gurly

    Gurly Well-Known Member

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    im going through exactly the same thing right now but with cafe express
    they taken some of my art from deviant art and are selling it
    ill let you know if i have any luck with that
    but my best suggestion is to email ebay with the facts :)
     
  12. Fourstar

    Fourstar Well-Known Member

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    ok, thank you, but I doubt that ebay would listen or even attend to this complaint cuz of the copyright thing and I don't know if she would go all this trouble solving this case. I'll let her know tomorrow. I just hope for the best
     
  13. Nicasus

    Nicasus Well-Known Member

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    Contact eBay and show your work etc.

    If that doesn't work, there's always the assassination way ;)
     
  14. Fourstar

    Fourstar Well-Known Member

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    lol, I was thinking about that :rofl: I'm not the one who got ripped though, a friend of mine got ripped
     
  15. Equivalent Exchange

    Equivalent Exchange Well-Known Member

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    Its seems like people don't know what copyright actually is, or how it works.

    First, patents have nothing to do with copyright. Patents apply to inventions and specific ways systems work (for the most part).

    Now, for the important part. All original work you create you own the copyright to. Also, all parodies of copyrighted works you create you own the copyright to. These copyrights are automatic, applying for a copyright and going through the official process is a formality, but is useful is large copyright cases.

    The rights you have and automatic copyrights to your work are laid out in the DMCA, the Digital Millennium Copyright Act. The
    person who is stealing your friends works would be liable for any gains they incurred from the copyright infringement, plus other damages and attorney fees, depending on how the lawsuit is written out. However, that would require a court case, lawyer, and the money to pay for both of those.

    In all honesty, unless your friends ready to go to court and shell out some money, there isn't much more you can do but contact eBay, or the seller. Your best bet would actually be to send the seller a Cease and Desist notice, but you'd need to make it convincing (for one, not using slang terms like "stop ripping"), and also serve up a notice to eBay, again in a professsional [spelling mistake to avoid word filter] fashion. People will be more ready to take action if they think they have an actual lawsuit on their hands, and if you're lucky, the seller would get scared out of continuing.

    Best of luck in sorting things out. I'm no lawyer, but I'm highly sure that what I've said in this post was accurate.
     

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