Ebay......sales?

[Lee]

Hi, I understand what your saying, but I was curious if there was any test case that resulted in the seller having to give way...was curious that's all...

[phoenixalpha]

I doubt there are any test cases. I would imagine it's not worth it. A lawyers letter demanding a cease and desist along with claims for damages would make any profit pretty redundant.

[Lee]

I know money wouldnt be an issue for them, but I did wonder if it had happened and if anyone had taken advice from a corporate lawyer...... not that I want to be the first!!!!

[Matt Quinn]

Hi, I understand what your saying, but I was curious if there was any test case that resulted in the seller having to give way...was curious that's all...

Very very few copyright infringement cases actually get as far as the court... And curiously this is one of the things many copyright infringers 'dine out on' - Often encouraging others to ignore potential action.

Which is more than a bit stupid really

The reason is that in most cases infringement of this kind (i.e. graphics, film, photos etc) is usually pretty easy to establish. The principal is similar to theft. All the rights owner needs to prove is that the property is theirs and that the other party has it without their authorisation... Lawyers may well take it to the wire; but ultimately are obliged to advise their client that they have no defence and need to 'fess up'...

If they take it through the doors of the court it's an open-and-shut case and the court is liable to order penalities that would be many times the out of court settlement...

About the only 'sweetener' an infringer can hope for is that the rights owner agrees to a non disclosure agreement - which is pretty normal. - And another reason why you don't often hear of infringement cases. It would be 'healthier' IMHO if a few more infringers WERE 'hung out to dry' as it might serve as a warning and education to others!

This is what happened in the J.A. Coles case - Cost them circa £25K ultimately for a little thumbnail image they (or rather their web designer - a 'semi-pro' muppet who clearly didn't know his job!) had pinched - Still the infringing mob are braying like donkeys about there being 'no test case'.

- You only need to get into court where a principal of law is untried or there is some credible dispute over ownership... The George Harrison case for instance over the tune to 'My Sweet Lord'. Or the 'Young at Heart' opening solo where Bobby Valentino sued to be recognised as a co-author and sought his share of royalties...

http://www.independent.co.uk/news/uk/cr ... 47088.html

- This was more a case of establishing ownership rather than infringement. Cases like this though, actually getting into the court, are pretty rare...

[Lee]

Perhaps the sales they make more than pay to settle a dispute should it come to it!

[Matt Quinn]

Well in J.A. Coles case no - they're a removal firm; and the infringement/stupidity cost them dear...

Trading standards are really the people to deal with actual counterfeit goods. If some of the big boys go after these Ebay infringers they'll be citing damages / licencing in the £10K, £20K, £30K + region... That's an awful lot of mousemats! Many of these guys are either just ignorant muppets or petty criminals. The first category invariably prove to be of no financial substance; the latter very slippery.

It all certainly queers the pitch for legitimate traders though... Which is what I resent; there are many areas of business generally where you 'just don't go' because of these 'types' ruining it for those who just want to do an honest day's graft. - And Ebay trading is fast becoming one of those areas!

[busybusybee]

Ive been trying ebay for a few months, Christmas wasn't too bad but nothing since, im a business seller yes but not a shop owner, i refuse to do anything against copyright as i would hate to get banned or worse, i recently had a customer ask me to do some mug's with images they supplied, they didn't look like own made images so i made sure i had a email stating that they were there own images (i told them due to copyright issues i have to ask etc), problem is people get funny about it and theres a million and one people who really dont care !! Ive had to knock my prices right down to the point of hardly making any profit! This copyright thing get's me, if everyone played by the same rules we would have a level playing field!

[gorgall2]

An email is not going to protect you. As you were the producer of the goods they will come after you as well.

[Kaz]

Ive had to knock my prices right down to the point of hardly making any profit!

won't catch me doing something like that.

If they don't like my prices, they can go elsewhere, I'll be damned if I'm doing this for nothing

[Lee]

are you making sales kaz?