I'm getting bootlegged on Ebay

Sharyn Ferrick · October 6th, 2006, 03:15 PM

Dylan is from his listing in Canada, so it there even this pro bono arts council?
I agree advice is worth what you pay for it, and professional advice makes sense. The US tends to have attorneys that are much more willing to work this way. The DMCA is for the USA, it gets very complex if the IP is from Canada, the Seller is from the UK, and is it Ebay's UK operation and site, or is it Ebay's US site etc ??

Be prepared to have all your facts and be able to prove them.

Sharyn

Cal Johnson · October 13th, 2006, 02:45 PM

How much energy do you want to put into resolving the situation? You need to make it not worth his while to continue. This is what I would do. First, I would find some way of creating mutiple Ebay accounts, maybe three or four. Next, I would bid on his item just normally, making sure I won the item, and then paid for it, and recieved it from him. I would ask him to ship the item registered mail, because I'm worried the item will be lost in the mail.
Once I recieved the DVD, I'd use my other E-bay accounts to immediately start high biding any and all of his auctions. If he's selling other stuff on E-bay, win the bids on those too. Thing is, once you win the bid, you'll be able to leave feedback. Don't pay him, and just leave really crappy feedback (TOOK MY MONEY, REFUSED TO DELIVER ITEM, COMPLETE FRAUD, DO NOT BID; ITEM PAID FOR THROUGH PAY PAL, HE SAYS HE DIDN'T RECIEVE PAYMENT). Three or four reviews like that, and his e-bay sales will come to a complete halt. Now, back to the DVD you bought.
First, call legal aid and ask them where you stand as for copyright law. Its free to call legal aid, and they'll let you consult with three different lawyers for free.
Next, depending on the info you get from legal aid, spend a couple of hundred bucks to have a lawyer, (using one close to him would be better), to draft up a letter that says you have recieved a DVD from him, registered mail, that clearly shows he is breaking the law. There is probably some sort of criminal offence he has committed by using the mail for fraudulent purposes. If thats the case, let him know that in the letter too. Tell him he is to cease and desist from selling your DVD, that you are seeking x amount of thousands of dollars in damages, and that refusal to pay these will result in a court date and criminal investigation.
Make sure all your communcation from him uses your company name. I'm sure a letter from a lawyer saying they represent such and such company that is now seeking damages will be more than enough to make this jerk wet his pants.
Finally, pursue the option of reporting the crime. You've got all the info, someone out there should care. Make an international incident out of it.
Anyways, that's what I would do.

Dylan Couper · October 14th, 2006, 05:06 PM

Quote:

Originally Posted by Ben Winter

I hate to highlight the irony, but didn't you write this?
http://www.dvinfo.net/articles/buyersguide/ebay.php

Yeah..... I was wondering who would be the first to post that... :D

I've taken some guerilla measures to shut this down, but I'd really just like to sue Ebay for millions of dollars. It's ridiculous that they are letting it happen despite numerous complaints.

Richard Alvarez · October 14th, 2006, 05:54 PM

Dylan
Did you REGISTER the copyright on the film? Yes, I know its copywritten the moment it is fixed in a tangible medium, but REGISTRATION gives you certain advantages, both legally and financially.

As a side note, a few days ago I spoted a piece of my documentary that someone had spliced into their YouTube movie. I sent him a little email saying "It's customary to request permission from a copywrite holder before using their footage." I sent the email at nine PM, and went to bed.

I got up at six AM, and there were FOUR messages from the guy, at different times during the night, saying he didn't know it was against the law, please please PLEASE don't sue me... I just took it down... PLEASE DON'T SUE ME.

The jerk didn't sleep a wink.

I sent him an email and said.

"Don't do it again."

OF course, this was a small time infringement, with no monetary gain on his part... so it's not the same as Dylan's pain... but it is important to act on this stuff.

October 6th, 2006, 03:15 PM	#16
Sharyn Ferrick Regular Crew Join Date: Aug 2006 Location: Sitka Alaska Posts: 128	Dylan is from his listing in Canada, so it there even this pro bono arts council? I agree advice is worth what you pay for it, and professional advice makes sense. The US tends to have attorneys that are much more willing to work this way. The DMCA is for the USA, it gets very complex if the IP is from Canada, the Seller is from the UK, and is it Ebay's UK operation and site, or is it Ebay's US site etc ?? Be prepared to have all your facts and be able to prove them. Sharyn

October 13th, 2006, 02:45 PM	#17
Cal Johnson Major Player Join Date: Oct 2004 Posts: 180	How much energy do you want to put into resolving the situation? You need to make it not worth his while to continue. This is what I would do. First, I would find some way of creating mutiple Ebay accounts, maybe three or four. Next, I would bid on his item just normally, making sure I won the item, and then paid for it, and recieved it from him. I would ask him to ship the item registered mail, because I'm worried the item will be lost in the mail. Once I recieved the DVD, I'd use my other E-bay accounts to immediately start high biding any and all of his auctions. If he's selling other stuff on E-bay, win the bids on those too. Thing is, once you win the bid, you'll be able to leave feedback. Don't pay him, and just leave really crappy feedback (TOOK MY MONEY, REFUSED TO DELIVER ITEM, COMPLETE FRAUD, DO NOT BID; ITEM PAID FOR THROUGH PAY PAL, HE SAYS HE DIDN'T RECIEVE PAYMENT). Three or four reviews like that, and his e-bay sales will come to a complete halt. Now, back to the DVD you bought. First, call legal aid and ask them where you stand as for copyright law. Its free to call legal aid, and they'll let you consult with three different lawyers for free. Next, depending on the info you get from legal aid, spend a couple of hundred bucks to have a lawyer, (using one close to him would be better), to draft up a letter that says you have recieved a DVD from him, registered mail, that clearly shows he is breaking the law. There is probably some sort of criminal offence he has committed by using the mail for fraudulent purposes. If thats the case, let him know that in the letter too. Tell him he is to cease and desist from selling your DVD, that you are seeking x amount of thousands of dollars in damages, and that refusal to pay these will result in a court date and criminal investigation. Make sure all your communcation from him uses your company name. I'm sure a letter from a lawyer saying they represent such and such company that is now seeking damages will be more than enough to make this jerk wet his pants. Finally, pursue the option of reporting the crime. You've got all the info, someone out there should care. Make an international incident out of it. Anyways, that's what I would do.

October 14th, 2006, 05:54 PM	#19
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	Dylan Did you REGISTER the copyright on the film? Yes, I know its copywritten the moment it is fixed in a tangible medium, but REGISTRATION gives you certain advantages, both legally and financially. As a side note, a few days ago I spoted a piece of my documentary that someone had spliced into their YouTube movie. I sent him a little email saying "It's customary to request permission from a copywrite holder before using their footage." I sent the email at nine PM, and went to bed. I got up at six AM, and there were FOUR messages from the guy, at different times during the night, saying he didn't know it was against the law, please please PLEASE don't sue me... I just took it down... PLEASE DON'T SUE ME. The jerk didn't sleep a wink. I sent him an email and said. "Don't do it again." OF course, this was a small time infringement, with no monetary gain on his part... so it's not the same as Dylan's pain... but it is important to act on this stuff.