Hi all, I need some advice and help because someone is selling templates that I made on e-bay and they (e-bay) is refusing to take them off/ban the person that is doing it.
I built these templates http://www.stickysauce.com/freetemplates/index.htm for users to download for free and now people are selling them on e-bay
Heres just a few I found http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1286514695 http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1287465023 http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1649311819 http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1649852764 http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1285682598 http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1286836675 http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1651760701
What should I do, I contacted the person that is selling them and asked to stop doing so, I just got abuse and my server went down for a few days! I asked e-bay to ban the person or close the auctions they refuse. Advice needeed pleas.
Stickymaster.
P.S Heres e-bays email address rswebform@ebay.com
tmay posted this at 02:08 — 21st October 2001.
They have: 75 posts
Joined: Sep 2001
Personally, I think you will have a hard time fighting this.
Busy posted this at 08:48 — 21st October 2001.
He has: 6,157 posts
Joined: May 2001
show copies of the orginals (psp, psd etc) to a lawyer, or justice of the peace (if you have them there) and get it in writing that they're yours, then submit that with a letter explaining the situation to ebays legal department, your lawyer can force (in some cases) the sales to be held in limbo until sorted, but be warned, without proof, such as watermarks, orginals (these are dated as when last modified)etc you dont have much to go on.
Also check out a few of the copyright sites around the web, some very indepth articles dealing with copyright theft have been done with great advice.
You could also try to phone ebay, and talk to the manager to try put a hold on these auctions while you sort it out, if you cant then they can sue you.
good luck
looking at this persona feedback I wouldnt deal with them
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"); } ?>
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mjames posted this at 13:32 — 21st October 2001.
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Do you have a disclaimer anywhere saying the templates provided are only for personal use only and may not be redistributed without express permission? I mean, I know this is an annoyance - but if it was your site design they were stealing and selling rather than free templates you are offering, you could take legal action.
Marc James - marc@sports-central.org
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TheGizmoid posted this at 01:06 — 22nd October 2001.
They have: 168 posts
Joined: Apr 2001
Well, the only suggestion I have is to go in and post some negative comments about the seller. State that certain templates were stolen from your site without your permission and can be obtained for free at (your URL).
I'd think most people would look at the comments before purchasing from someone. I know if I saw comments to this effect, I wouldn't buy from them. And I'd go to your URL instead if it can be included.
Good luck. It really s*cks that someone would sink to stealing free templates to sell as their own.
Busy posted this at 02:55 — 22nd October 2001.
He has: 6,157 posts
Joined: May 2001
You cant post feedback unless you buy or sell to them, and can only post feedback for that auction item.
Also try the help forums, there are some cued up people helping out on them
<?bhb if(broken){ echo("It wasn't me
"); } ?>
Learn HTML the ez way - EzHTML.net
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Jaiem posted this at 13:01 — 22nd October 2001.
They have: 1,192 posts
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I looked over the pages and unless I missed something you don't actually say they are for personal use. IOW, you don't say they cannot be sold. And I don't see how you can claim you're the originator of the designs unless you have an actual copyright on them. The other person can just turn aroudn say you took it from them!
In my non-legal opinion you're stuck.
Going forward you may want to add that to the templates page.
Jaiem
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altyfc posted this at 09:55 — 24th October 2001.
They have: 18 posts
Joined: Oct 2001
I don't think this is strictly true, Jaiem... if the original owner has the original PSDs (which someone has suggested) then they should be able to prove they were his or her's first (as someone else has already suggested).
Better still, if the images have been digitally watermarked, you're probably laughing... but I doubt that's the case since people rarely seem to do that.
Paul
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Jaiem posted this at 12:43 — 25th October 2001.
They have: 1,192 posts
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A hardcopy copyright does help matters, especially when dealing with groups like ebay.
Either way, I think he's in for a long fight.
Jaiem
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