I'm getting bootlegged on Ebay at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!


Reply
 
Thread Tools Search this Thread
Old October 5th, 2006, 10:51 AM   #1
Wrangler
 
Join Date: Jun 2002
Location: Vancouver, British Columbia
Posts: 8,308
I'm getting bootlegged on Ebay

Some asshole in the UK has decided to make a living on bootlegging a DVD series I produced a while back. He lists them continuously on Ebay, from time to time I go on and report them, and Ebay sometimes pulls them, but continues to let him repost them. I can track how many he has sold through his profile, and it is a lot. I'm starting to get pissed off at Ebay more than him, since he's made a couple grand off my work and they've let him do it.

Any suggestions?
__________________
Need to rent camera gear in Vancouver BC?
Check me out at camerarentalsvancouver.com
Dylan Couper is offline   Reply With Quote
Old October 5th, 2006, 12:30 PM   #2
Wrangler
 
Join Date: May 2003
Location: Houston, TX
Posts: 4,093
Hey Dylan, while I know the more satisfying approach would be to handle this with a baseball bat, maybe it is time for legal action? Him being across the Pond definitely makes it more difficult to go after him personally, but not impossible. If you're serious enough to take the financial risk and effort involved, you can not only go after the particular offender (civil, criminal, and getting his ISP to shut him off), but e-bay. Suing e-bay for a couple thousand dollars might not ruffle their feathers much, but getting the suit done as a well-publicized class action would definitely get their attention.

If you go with the baseball bat approach, though, I'm not sure the airlines will let you carry it onboard, so maybe need to take enough cash to buy a cricket bat instead.
__________________
Pete Bauer
The most beautiful thing we can experience is the mysterious. It is the source of all true art and science. Albert Einstein
Trying to solve a DV mystery? You may find the answer behind the SEARCH function ... or be able to join a discussion already in progress!
Pete Bauer is offline   Reply With Quote
Old October 5th, 2006, 12:37 PM   #3
Major Player
 
Join Date: Aug 2006
Location: Glasgow/Scotland
Posts: 626
Hi,

Why not just flame all his auctions i.e. put in sky high bids then don't pay. If E-Bay hassle you, point out that you are doing it to protect your losses, something they are not!

I'm in the UK, anything I can help with?
Alastair Brown is offline   Reply With Quote
Old October 5th, 2006, 01:42 PM   #4
Trustee
 
Join Date: Jun 2005
Location: Hollywood, CA
Posts: 1,675
Images: 1
I like Alastair's idea. Play his game and beat him at it.

I hate to highlight the irony, but didn't you write this?
http://www.dvinfo.net/articles/buyersguide/ebay.php
__________________
BenWinter.com
Ben Winter is offline   Reply With Quote
Old October 5th, 2006, 04:48 PM   #5
Regular Crew
 
Join Date: Apr 2006
Location: Los Angeles, CA
Posts: 37
Bold, Ben. Very bold. ;)
__________________
AMD Athlon 64 X2 Dual Core 4200+ / 2GB RAM / nVidia 7900GT Dual Head, 3x500GB HD
Adobe CS3, LightWave 3D 9.3
Matt DeJonge is offline   Reply With Quote
Old October 5th, 2006, 06:39 PM   #6
Major Player
 
Join Date: Nov 2005
Location: Croydon, England
Posts: 277
try contacting the UK anti -piracy organisation fact http://www.fact-uk.org.uk/ they may be able to help
Paul Jefferies is offline   Reply With Quote
Old October 5th, 2006, 07:28 PM   #7
Major Player
 
Join Date: Aug 2003
Location: Los Angeles, CA
Posts: 817
Ben,

No irony there... the topics are only marginally related.

Sorry to hear about it Dylan... The upside is that people like your work :). If he's making money on it, you should be making more...
__________________
Barry Gribble
Integral Arts, IMDB
Barry Gribble is offline   Reply With Quote
Old October 5th, 2006, 08:16 PM   #8
Inner Circle
 
Join Date: Oct 2004
Location: Port St. Lucie, Florida
Posts: 2,614
Dylan,

I have a private phone number to ebay. If you like I can give it to you or call on your behalf. Otherwise, putting an exceptionally high bid on all auctions is a neat idea, but may not last for long.

It would be better to call then.

Mike
__________________
Chapter one, line one. The BH.
Mike Teutsch is offline   Reply With Quote
Old October 5th, 2006, 08:35 PM   #9
Regular Crew
 
Join Date: Aug 2006
Location: Sitka Alaska
Posts: 128
How did you copywrite the dvd in the US? Did you officially file or just claim copywrite? One thing that people sometimes miss is that inorder to take legal action, you need to have filed, it does not mean that your works are not copywrited, it just means that you cannot take legal action.

Have you filed for copywrite in the UK?

responding to one illegal action with another is usually not a good idea.

Sharyn
Sharyn Ferrick is offline   Reply With Quote
Old October 5th, 2006, 09:17 PM   #10
Inner Circle
 
Join Date: Jun 2003
Location: Toronto, Canada
Posts: 4,750
You can use Bid-o-Matic and other automatic bidding programs to automatically place a bid at the last minute.

This may not be illegal, since it doesn't seem to go against any written law (*I have not read your country's laws). And hopefully eBay will take your side.
**Paypal has a shady TOS and shady business practices when it comes to disputes. So protect your money, and use a credit card to fund purchases (because credit cards let you make chargebacks).
Glenn Chan is offline   Reply With Quote
Old October 5th, 2006, 09:29 PM   #11
Regular Crew
 
Join Date: Aug 2006
Location: Sitka Alaska
Posts: 128
Your best approach is to just keep reporting the problem to ebay. If you bid at the last minute, and then don't pay, the seller can leave you negative feedback and Ebay is not going to help you in the least.

Ebay generally does not have a way to monitor all this stuff, so you need to let them know,BUT IF IT keeps happening you might be able to get them to suspend the persons account.

Cross border disputes like this are really hard to deal with, you have the burden of proof, you need to take action in that persons country, etc, you are looking at a lot of expense. Keep in mind that in the UK most lawyers do not work on a percentage of the winnings, so it usually is not practical.


Sharyn
Sharyn Ferrick is offline   Reply With Quote
Old October 5th, 2006, 09:37 PM   #12
Inner Circle
 
Join Date: Sep 2002
Location: San Mateo, CA
Posts: 3,840
Dylan,

I can't speak to the laws in Canada and the UK, but in the U.S. IF you have registered the copyright BEFORE the infringement takes place, you will be awarded attorney's fees in addition to damages. This makes it much easier to get an attorney on contingency... having it already registered.

IF it is not registered, then go to a 'lawyers for the arts' program, every major city has one... and see if they can dig up an attorney pro-bono.

Get the attorney to write to this guy, AND ebay. You'll have more response from an attorney's letter to ebay, than your own.

Get an attorney either way.
Richard Alvarez is offline   Reply With Quote
Old October 6th, 2006, 01:38 AM   #13
Regular Crew
 
Join Date: Aug 2006
Location: Sitka Alaska
Posts: 128
I have spent years doing business re IP in US and UK. The problem is that the person is in the UK so having action taken against them in the US is useless.
At the same time unless your property is of high value or the volume is high value, the Attny's will have little or no interest. Ebay only responds to Court orders in most cases. If you contact Ebay and you keep pointing out the problem as I said they will possibly close the account. The problem you have is proving the situation. You need to prove it is your IP, and you need to prove that this person is using it illegally.

A lot of people will give you encouraging advice, but from years of experience unless there is a lot of money involved or you are willing to pay it is difficult to really do much about it.

Sharyn
Sharyn Ferrick is offline   Reply With Quote
Old October 6th, 2006, 10:20 AM   #14
Inner Circle
 
Join Date: Sep 2002
Location: San Mateo, CA
Posts: 3,840
EBAY can be shut down for knowingly allowing infringement of copywritten material. This is part of the DMCA (Digital Millenium Copyright Act).

KNOWINGLY is the operative word. IS the product registered. HAS proof been provided to Ebay?

Back to "Get a lawyer" Dylan. At the very least, go see a Lawyers for the Arts foundation to get an assesment of your situation from an IP attorney. That's what they do. (I know, my wife is an IP attorney, and she used to volunteer for an Accountants and Lawyers for the Arts Council.... long ago.)

Eveything on this board is just 'friendly advice' and should not be construed as legal council. It is, quite literally, worth what you pay for it.
Richard Alvarez is offline   Reply With Quote
Old October 6th, 2006, 10:44 AM   #15
Trustee
 
Join Date: May 2005
Location: Saint Cloud, Florida
Posts: 1,043
Start selling the thing yourself, undercut his prices, include a disclaimer on your ebay site NOT to buy from the ILLEGAL seller.

Gimme his link, I love toying with these jokers.
__________________
www.facebook.com/projectspecto
Marco Wagner is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 09:48 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network