Ebay seller Ripping off my previous auction!

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dhauser

The end is fear
Joined
May 20, 2002
Guys, take a look at this. I sold the Road Runner to this guy, and he has subsequently put it back on Ebay. I don't have a problem with that per se, BUT, what I do have a problem with is that he stole not only the pics that I took, but virtually the EXACT wording of my auction as well.

I put over 40 hours into this car which resulted in the auction that I ran, and I don't think it's fair for him to steal my work to use as his own.

I've let him know in no uncertain terms that I either expect compensation (his suggestion as to how much) or I'm turning him in to Ebay and asking that he be banned. I have no tolerance for stealing my work. Like I said, I don't give a hoot that he's selling it already.

What do you think? I am just SICK and TIRED of dealing with people who are dishonest with me in my business dealings....:mad: :mad: :mad:
 
well if your wording was so nice he bought it from you, and he wants to resell it, i dont see to much harm in it. You did make the $$ off the car u wanted and would guess your 40 hours into the text of the auction was part of the fee for the car. I would hope he didnt use your image host only the text.

I am going to resell somthing i purchased, and plan on stating the original text from the seller just b/c i dont have enough personal info to add to the item that isnt already said in the first listing.
 
IMHO everything related to that car now belongs to him...including the ad. I can't see eBay doing anything about it. What would the grounds be?

Do you copyright your eBay ads Doug? :p
 
A true confession....

Doug, I bought your TTA (Hehehe Weeeeeeeee :p ) and kept a copy of your verbage to use as a resource whenever I sell it.

I kept it because it was so superlative in its detail and compelling message.

If I ever sell the car, and, if I ever use your words, I'll buy you a beer, OK? A stipulation being that I'll clear it with you first ;)

I understand your feeling about his actions. Its prolly just that he didn't ask you about it before he did it that gets under your skin. Move on, its a compliment that your skills are so respected :)
 
Yes, but I didn't put all that work into the car for someone else's benefit--I did it for my benefit. I've had people approach me numerous times asking me to build HTMLs for them (for money), but I don't generally have time unless it's a friend.

I can see your point too, but I consider this like a copyright infringement. I didn't copyright it of course, but he didn't ask my permission to use all of my work to be represented as his either.
 
Originally posted by dhauser
Yes, but I didn't put all that work into the car for someone else's benefit--I did it for my benefit.
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And since the car sold I would guess you got your benefit out of it. Now if he had not done business with you and was using your ad to sell another car just like yours I would think you would have a right to be upset. He bought the car and the write-up from what I can see. What good would the rights to the write-up do you if you do not have the car anymore?
 
I sell a few things on ebay myself, when I take the pics I use photoshop and put my username across the pics so nobody else can use them without having my username on their auction. This was after I had my pics stolen by a few lazy a-holes on ebay. Unfortunetly there's nothing you can do about the decription.

And by the way Ebay dosen't care 2 sh!ts about stuff like that, there's a user that ripped me off for almost $500. and others and she's still selling :mad:
 
Doug, I usually support your views on things. I may not always respond with my support but I do see things the same way in most cases. In this case I think you are wrong. Sorry. You did all that work to sell the car. It sold. You got your benefit. Now, if someone stole it to use to sell a different car than this one I would be pissed. but, I agree, the person who bought the car bought the ad as well and can do with it as he sees fit. You do put a lot of work into your ads. I would use the same ad as well if I was selling. With the nice pics and stuff, who could do a better job describing the car? If you don't like it, learn from it and try to prevent it from happening in the future. Like put language in the ad that says it can't be copied without your permission and if it is the person owes you money. When they buy the car on ebay they are agreeing to the contract and that language is part of the contract.
 
Doug, here's a tissue man...I know when I sell something on ebay, not a car cuz it's too unique..but a product..if there's a TON of em on there and they have all the manufacturer's specs and all on there... Control C, Control V baby!! Since it's the same car..****, I woulda done the same thing. Your descriptions are great, why re-invent the wheel!

Joe
 
Originally posted by dhauser


I can see your point too, but I consider this like a copyright infringement. I didn't copyright it of course, but he didn't ask my permission to use all of my work to be represented as his either.
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That stinks! Although it does show how appealing your ads are.

I think it's more of a case of the new owner plagiarizing you. It is a theft of your work. The correct thing to do is make mention of your being the source of the description.
 
I agree. It wouldn't take much space to cite the source of the text & pictures properly. Just because you buy a book doesn't make the words yours (or pictures, in my case ;) ). The ad was published, the words, as such, are Doug's. Certainly the pictures. Just because you *can* do something, or get away with it, doesn't make it right. However, I don't think there's much recourse for enforcement, within reason. I think the pictures are an issue as well. That's a good idea to put your "stamp" on future pic's.
 
Well, thanks for the input guys. Maybe I'm overreacting, but I guess I am going to be in the minority opinion on this one. I think if he had ASKED me to use the information, I would've been ok with it (Lee, you're a little to intuitive, man!), but the fact remains that the pics, the description, etc was my creation. It was my work, and it takes a lot of time and effort make an ad that nice; time that I could spend doing something more fun, or doing it for money for other people (albeit no one would get rich on that sort of thing). While I don't think I need to be compensated for it if I give my permission to use them, I certainly think it should be my call.

I guess I can take it as a compliment that he used the exact same wording, but what it REALLY is is plain old american LAZINESS. If you want to be lazy, fine, at least ask the owner of the material if he's ok with that.

I mean, if it was a painting that I created and sold him, would it be ok for him to go make a bunch of color copies of it and sell them on Ebay, let alone sell them as his own work? I fail to see much difference there.

I like the idea of putting my name or logo or something across every picture, but I hate that it will just mean more work for me...maybe what I'll do is make an explicit comment in the ad that these pics may not be used in any way, shape or form without the express written consent of Major League Baseball! :D Fork!

Hey Midolo, bite me, pal. :p
 
How many times have you seen people using quotes or bits of info from magazines our the factory or another source about our cars when trying to sell them? A lot. Has anyone ever contacted the engineers to get their permission to use it. Has anyone ever contacted the editor of car and driver to use the info in their magazines? People put work into that info as well. Just move on Doug. Just my opinion.
 
Originally posted by turboscott
How many times have you seen people using quotes or bits of info from magazines our the factory or another source about our cars when trying to sell them? A lot. Has anyone ever contacted the engineers to get their permission to use it. Has anyone ever contacted the editor of car and driver to use the info in their magazines? People put work into that info as well. Just move on Doug. Just my opinion.
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I will. I always do. ;)

BTW, magazines and factory literature is all copyrighted, so in fact people who lift that stuff are violating the law, but it's one of those unenforceable things due to the magnitude of the problem. I guess what I'm getting at is the "fast with class" sort of thing, or the "code of ethics" that is supposed to exist on Ebay. Everyone knows right from wrong there. But I'm not naive, and know those codes are ignored all the time.

I will just take the steps I need to take to prevent it in the future. End of story.

Joe, think TurboLax, buddy. TURRRRRRBOLAAAAAX! :p ;)
 
Any picture put up on the web that is not protected is public property. Any text put on the www unless copywritten is public property. Ebay will search their files for others pictures if you do not have one of your own. I think they guy has every right legally, and morally to use it. I just find it hard to beleive that you even care.:confused:
 
Originally posted by GNSCOTT
Any picture put up on the web that is not protected is public property. Any text put on the www unless copywritten is public property. Ebay will search their files for others pictures if you do not have one of your own. I think they guy has every right legally, and morally to use it. I just find it hard to beleive that you even care.:confused:
Click to expand...

Well, obviously, you didn't put all the work into it that I did, and just as obvious, I am not you, so I can't imagine why it's so hard to see why I might not feel the same way you do. He has a moral right to steal my words and photos and use them as if he wrote/photographed them himself???? I must've missed that one in the Ebay rules. :rolleyes:

It's funny how opinions change---I remember a similar thread to this a year or so ago, and as I recall, the opinions were somewhat different at that time.
 
Anything unprotected on the net, be it pictures or text is free for anyone to use. Internet laws are different than non internet rules.Its not an Ebay rule, its a national law, probably international.

Your ad sounds like it was very well put together, and IMHO gave the car some of its value, the same as if you put in 40 hours detailing the car itself. I would see a problem if someone with a similar car was using your information, but it is the person who now owns your old car that he bought partly because of the ad. JMHO though...
 
Well, either way, suffice it to say, a lesson learned. I guess I'll just put a logo on my pics from now on and that will be that. Maybe if the guy just would've had the consideration to ask me, I wouldn't have gotten all bent out of shape.

I love that idea, SuperSix! Very funny! :D
 
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