I just won a beta MOX JET for $75 US!

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mintcollector
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Re: I just won a beta MOX JET for $75 US!

Post by mintcollector » Fri Dec 31, 2004 6:45 pm

mintcollector said "Some sellers tend to steal artwork from other auctions (which I wish they would make illegal)"

Actually, they already did. If I scan one of my boosters and post it, that image is mine, protected by U.S. Copyright Law. No, I do not need to attach any little (c) to it or anything.

Section 2(b) of Title 17 of the U.S. Copyright Act
says  that any person who infringes a copyright “willfully . . . by the reproduction or distribution, including by electronic means, of 1 or more copies, of 1 or more copyrighted worksâ€￾ is subject to the criminal penalties set forth in Title 18. For stealing eBay images, it'd be a misdemeanor.

The infringer does need to act “willfully and for purposes of commercial advantage or private financial gain.â€￾ No problem there.

Now: am I actually going to take the time to sue some jerkweed who steals my images? Nope. I am smart enough to not only know how to do it, but how to not have my stuff stolen in the first place. <grin> That's why, after the first couple of auctions, I redid all my auction artwork to include my name in semitransparent lettering across the object for sale.

It is illegal. It's just not very enforceable, until/unless people doing auctions get a bit smarter about protecting their images.
I was referring to eBay's policy regarding "borrowing" images from another auction is illegal from their policy. &nbsp;I really don't want to get into diseecting the US Copyright Law here. &nbsp;I am aware that you are allowed, by law, to copy/scan/photograph items you own for insurance purposes under the umbrella to prove ownership, especially for insurance purposes and I personally feel that it is prefectly legal under the same law facet to show images on eBay if you are selling your product. &nbsp;

hammr7
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Re: I just won a beta MOX JET for $75 US!

Post by hammr7 » Thu Jan 06, 2005 1:41 am

I have (unfortunately) had a lot of eBay experience with these issues.

1. &nbsp;As a private individual, you are normally allowed to take pictures of items you own to show what you are selling. &nbsp;From eBay's perspective, your personal pictures and scans are yours, and any negative impact upon an entity like WOTC is between you and them. &nbsp;

Many people do steal pictures. &nbsp;If they make a copy and post it on eBay there is little you can do. &nbsp;If the picture is a link to a site maintained by you, you can change the link to something quite horrible after your auction finishes, and their auction will show the horrible picture. &nbsp;I have seen this done beautifully a couple of times, to the embarrassment of the picture stealer.

2. &nbsp;When you are selling a large group of anything, you can use a "generic" picture of one of the anythings to help categorize the type of item you are selling (i.e. MTG cards vs. some trick deck of poker cards used by a magician). &nbsp;The picture should be one of the actual items offered unless you explicitly specify otherwise in the auction description. &nbsp;The word RANDOM meets this requirement.

3. &nbsp;When you are selling a single item, or a small defined group of items, the picture(s) must be of the actual item(s) unless you specifically and explicitly state that the picture(s) are not of the actual item(s). &nbsp;This is because the buyer will determine condition and confirm item identity from the picture(s).

4. &nbsp;Given that sellers aren't always perfect, and in apparant contradiction to item 3, eBay will usually go with an auction title over a picture if the two contradict each other (someone offering an Unlimited Bayou, with a picture of a Revised Bayou), unless the seller explicitly states in the auction description that the item in the picture is what you will get. &nbsp;

With any of these clarifications, eBay supposedly looks at whether discrepencies are honest mistakes or intent to defraud. &nbsp;Unfortunately, since eBay tries to disclaim responsibility for anything other than the "venue"for transactions, enforcement of this is spotty at best.

Of course, eBay strongly advises contacting the seller if there is any confusion regarding what is actually being offered. &nbsp;If the seller doesn't respond, then assume the most conservative expectation. &nbsp;

From personal experience, once you have won an auction, get written (e-mail) confirmation from the seller about what items you are actually getting before making payment. &nbsp; Unless the seller is well established, refunds can be tough to get.
Where have all the Magic sticker sets gone?

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