A**hole seller stole my photos!!

[cjacek]

OK, as it turns out (and Tim nailed it) that this guy supposedly bought the 34B from me, way back when. Take a read of his email reply:

I SAID: The photos that you display of this 34B recorder belong to me. You are not the rightful owner of these. Take them down immediately or I'll report you to eBay.

HE SAID: I am the guy that BOUGHT the deck new from you several years ago! The pics go with the deck, my friend. You got a good price for it back then, hardly what I will get for the deck these days.

My jaw fell to the floor when I heard back from him, with that reply. It's amazing his justification, that the "pics go with the deck"?? WTF!?!? Also, as Tim pointed out, he claims copyright of my photos. That's just plain wrong.

I emailed him again with the following:

I SAID: I wasn't aware that it was you who bought my deck (as this was several years ago) but be that as it may, you still can't lift the photos, which I made, and claim copyright to them. It's against eBay policy and you did not receive my permission. Your reply seems like a very poor justification for what you have done, which is stealing content of others' work without their permission. I am asking you once again to pull the photos down. They do not belong to you and misrepresent the item.

BTW, guys, thanks for ALL of your replies and help. I really appreciate it!

 

[A Reel Person]

Hey,...

they all look alike, don't they?

 

[A Reel Person]

Your own deck from years ago?

See,... it's a self fulfilling prophecy. We'd discussed previously that even if you sold that deck then, you'd be able to pick it up again later for pennies on the dollar! Now's your chance!

It's the previous buyer of the same deck. Sure, they're your pictures, but I'd not be a hard ass to the guy, since there is a connect-the-dots trail to this conspiracy. I'd not worry. It's not like it's a rare or fine art photo,... except maybe to gear geeks (it's just like porn)!

Just MO, which is basically worthless.

 

[sweetbeats]

This has happened no less than 3 times in the past year with pics I have up (or used to have up ) on my M-520 thread...I don't care so much that the seller lifted my photos, but that somebody is expecting that they are bidding on a mixer in the same condition as mine, and there are usually a couple other photos of the actual mixer in the auction and I'd be pretty surpised if its condition matched mine overall. Sheeeesh...getcher own pictures, weasel!

 

[jasonbmerrill]

but I'd not be a hard ass to the guy, since there is a connect-the-dots trail to this conspiracy. I'd not worry. It's not like it's a rare or fine art photo,...

+1 at this point who cares

its not like you own the unit anymore

 

[cjacek]

Setting copyright infringement and misleading auctions aside, as a result of stealing others' work, it's disrespect and dishonesty which I can't stand. That's why I'm going after this guy.

 

[Beck]

OK, as it turns out (and Tim nailed it) that this guy supposedly bought the 34B from me, way back when.

Personally I wouldn’t care if someone used my photos if they bought the item from me, but I would expect the attitude to be, “May I use them?” and not, “I have a right to use them!”

If were him I would say, “Oops, sorry Daniel, but I didn’t really think about it. Do you mind if I use them, now that you know I have the actual unit?”

On the other hand, the buyer should still beware… these photos are nearly five years old and may not represent the current condition of the deck.

It does bother me a lot more that he is streaming copyrighted music for his profit. I doubt he has permission to use the soundtrack from Pirates of the Caribbean.

 

[Rokket]

Now I wonder... the seller of this unit, and the photos involved... is this guy a member of this site? I'd hate to think there are people of that calibre on here.

 

[cjacek]

That's exactly right Tim.

I sent a follow-up to the seller (thanks in part to jpmorris), just to underline my previous reply and put a little pressure on him:

The copyright on the photos was NOT part of the sale and what's the deal with putting a disclaimer claiming ownership of the photos? You are violating eBay copyright policies, not to mention being disrespectful and dishonest. USE YOUR OWN CONTENT!

I was willing to give the seller benefit of doubt and would have been more understanding if he just asked or explained what he wanted to do or what he had done, maybe even apologized. It's not like he didn't know me or forgot my eBay id. He knew right away who I was.

 

[cjacek]

I was gonna mention that the seller seems to be using others' photos as well for his ongoing auctions but then I receive this bombshell:

HIS REPLY: Well, I guess I dealt with a hot head for my THOUSAND DOLLARS I paid you for the deck over seven years ago. The deck you shipped was "misrepresented" since, as I recall you stating it was "Never used" yet there WAS evidence it was. I ended up never using the deck except for a single pass of one reel of tape recording then put it back into its box. I am not "misrepresenting" anything, but YOU did. And, if you also recall, your auction never met Reserve and we negotiated the deal off eBay anyway. I have records to prove it. Look, times are tough for me. My Wife lost her job due to serious medical reasons, and without her job, medical insurance evaporated, and medical bills are piling up. My business is on the brink of folding here in the States. The economy and banks locking up loan money leaves me no choice but to liquidate anything and everything of value. My business rent is due and I don't have it. So, I may be kicked out of the building I am renting space for my shop this month. The few photos of the deck added to the photos I took are not going to harm you, cost you, nor affect YOU in any way. Besides, Copyright Law requires a Notice of such at the time they are created. You had none, and are claiming ownership on similar photos. You no longer own the deck, I do. You got your asking price. I won't. You profited far more than I ever will and unless I sell the deck and others I intended to keep, I will not be able to pay my bills this month, or next, or eat for that matter. We are broke. And, so is my digital camera. It is being looked at by a friend that works for a camera store, to see if he can get it repaired. I cannot afford to buy another. Hence, a few photos from archive were used so my Wife and I could possibly EAT next month. Out of respect for a fellow Human Being, all I ask is that you let this go. Nothing is harming you. Nothing is costing you. Help me, please. Be a man, not an enemy kicking someone down that is already there. I need this money now.

MY REPLY:You had several options, (1) to contact me prior to auction start to ask if you could use my photos, (2) clearly stated on your auction that the photos do not belong to you (providing the original source) or (3) apologize when I first contacted you. You chose to be arrogant and then you blame me? Look, I'm the most understanding person usually but this in not right. If what you say is true then I certainly understand and empathize with your situation but it's out of my hands now. You chose not to be cooperative with me and if you were then things would be a lot different. Yes, I will let this go and give you the benefit of doubt.

It's amazing how he tries to turn things around and attack me.

What's true, what's not and what's pure fabrication? Greed or desperation is my only question. If the latter then I certainly wish the guy all the best but that doesn't mean that I have any respect for him [shakes head].

 

[cjacek]

Guys, I appreciate all your support but don't email him or eBay anymore with regard to this. Thanks!

 

[jasonbmerrill]

eh, whatever...

 

[cjacek]

I can't believe I did this but I just contacted eBay and asked them to drop the inquiry / case against the seller. I just pray to God that he's telling me the truth and that this is not some smoke & mirror technique to scam another eBay member.

 

[cjacek]

eh, whatever...

Ah, 'cmon, don't hold back and tell me how you really feel.

 

[Beck]

He doesn't have his copyright info correct, but sounds like the guy is having a hard time. Sometimes it's best to overlook an offence, even if he is having difficulty seeing it in the right way. It does crack me up though that he is saying your item wasn’t as described all these years later (and of course we know that isn’t true).

I've seen my own words copied and pasted from this site on several eBay listings over the years. I wish they would use the info to write their own description, but...

If they lift my words and photos from my eBay listings then I do complain and eBay will end the listing. I take a lot of time with my photos and descriptions.

A few years ago a major music store was copying my listings verbatim with pics and all. I sent them two warnings. After the manager assured me they wouldn't do it anymore they did it again, so I sent them an invoice for my consignment fee. They paid it. They were charging a consignment fee to sell it for someone else.

It was Theft of Services in that case, which is one reason it's against eBay rules.

 

[pianodano]

I can't believe I did this but I just contacted eBay and asked them to drop the inquiry / case against the seller. I just pray to God that he's telling me the truth and that this is not some smoke & mirror technique to scam another eBay member.

Daniel,

I have followed your thread with interest. I have been ripped off many times on Ebay. For more than I care to think about. But with that said, I still don't believe that everyone that sells there is unethical.

You have done the right thing by dropping this matter. That's my opinion. There are a lot of people everywhere now doing all kinds of things that they shouldn't be doing and justifying it by shouting hard times. And you have just exposed one of them. If I may say so, all that you can really do is take it on faith that his last reply to you was truthful, and, be confident that you did the right thing in pointing out the error in his ways and then, forget it.

Regards,

Danny

 

[cjacek]

Thank you Tim and Danny.

Guys, it looks like the seller replaced my photos with his own! It's interesting how quick you find a digital camera when motivated to do so.

 

[cjacek]

.... and here I thought I'd heard it all. With respect to continuity and resolution, I'm copying a couple of more replies from him:

HIS REPLY: Answer to your silly "options" number "1": Yeah, sure. Like I would keep YOUR e-mail address out of tens of thousands that cross my mailbox from a transaction seven years ago. Ha! Do you? Anal, if so! Answer to number "2": See previous. Forgot your name. Answer to number "3": Apologize for using photos for a deck that I OWN and PAID FOR which is ACTUALLY a Copyright NOT registered to you legally, only by verbal claim, not by Law, and are images of a Copyrighted item a manufacturer holds over BOTH OF US? Hardly. In fact, and I quote from Copyright & Patent Law: "Individual who posts Copyright Notice first, or accomplishes written Federal registration with the U.S. Copyright Office chronologically prior, holds title and claim to Copyright."

So, to end your tantrum, I knocked on several neighbor's doors until I found someone that had a digital camera to borrow. It only took five tries, since three neighbors do not own one, one wasn't home, Americans are generous and helpful. Then, I wasted two hours taking new photos, and trying to figure out how to upload them from an unfamilar camera. Now you don't have to get your panties in a bunch over silly pictures. I sure wish I had so much time on my hands to annoy someone for two days that put a thousand dollars into my pocket, although hardly would I be such a disagreeable person to the individual that did so. I have a Life, such as it is. God will certainly judge me more favorably than yourself when we both pass on certainly. People lift MY photos after auctions are run all the time. I could care less. I take it as a compliment. If my photos were good enough for someone to want them for their auction, then I am flattered at the praise given by such action. It is silly to think that I, nor you, could stop such a thing anyway. And, by you spending hours and hours of precious Life time hunting down someone that borrows a few photos is certainly an indication of a pitiful attitude and a bankrupt personality.

HIS REPLY: But, please forgive me Dear King of The World....during my replacement of the photos within the auction at your Royal Bidding, I was unable to replace the thumbnail that carries through to the auction also, since bids have been placed and eBay control freaks do not allow changing of thumbnails uploaded on eBay servers after an auction begins anyway. Please spare my head, Dear King. I will serve you and your Kingdom well until I expire, then move on to a world where the only King I have to answer to is The King of Kings, our Lord Jesus Christ. And, you will also.

I think this is more of an academic study of thought rather than anything but it's interesting and disturbing at the same time.

 

[Beck]

Yeah, I wouldn’t worry about him anymore, Daniel. At this point he's just ranting from a dark emotional place... and appears to be trying to pick a fight with all of Canada. We wouldn't want an international incident.

I did put him on my "No-list" of eBay sellers. I wouldn't want to deal with him, and remember in his listing he gives a false history of the unit, saying he bought it new in the 90's… the original owner and all that. I also doubt it was serviced recently or any other claims he makes. I'm glad I know what I know about this seller now so can avoid him.

IMO, his conduct now is worse than the original problem. We all learned something... and a seller to avoid.

Feedback alone doesn’t paint a total picture whether all good or a few bad, so now we know…

~Tim

 

[cjacek]

Those are actually great points, Tim. Yeah, I hadn't noted the description but you're absolutely right that this makes it even worse.

I guess he's pulling out all the stops at selling, due to desperation, fairness and honesty last on his list. May be good for him but certainly not for the buyer. When one thinks about it, his entire auction is questionable at best and misleading at worst. Still, I don't regret dropping the matter. I feel bad for the guy but he's one mean, nasty 'ol bugger.