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on โ05-12-2014 06:23 PM
I listed my item on Gumtree and then went to place it here also on Ebay (on a different ID than this one). I happen to do a search before hand and found that another seller in Qld had copied my exact listing word for word and used my photos from my gumtree ad. I ended up putting up my own listing anyway on Ebay and then contacted Ebay customer service immediately to let them know what had happened. That was Monday and I have been calling them everyday to try and get this other sellers listing pulled down, but I just can't seem to get anywhere with Ebay customer service. I keep getting told the matter has been escalated to the specialized department to take appropriate action on the listing and they can't give me a timeframe. They advised me not to contact the other seller direct, but I'm getting pretty frustrated and thinking of contacting them through ebay messages. I haven't to date as I wanted to go through the correct procedures and was mindful my name and contact number was listed on Gumtree for the ad and other ads I have. I would appreciate any advice? And what others have done in the past when this has happened to them. thanks.
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My listing and photos are being used by another seller
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on โ05-12-2014 06:32 PM
Its happened loads of times to me. This may be a policy breach but I have always contacted the other seller politely and pointed out that if the images are not removed they will be hearing from our legal team ( which doesnt exist) and make out I am much bigger than I am. This has had a 100% success rate! I think you would have a job getting text removed.
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on โ05-12-2014 10:48 PM
@thecatspjs wrote:.*
Who would ever think that seller performance standards information is under non-selling ??
Fools that is who, same as the fools that create these ridiculous links to hide and bury this information.
And Billy the puppet.
I imagine him sitting at the helm saying "I want to play a game...." every time I land on the help page looking for something.
AJ - yes, I would contact them, more particularly because a lot of my products are my own design, and/or it takes me a long time to take / edit my photos of products. Some of my wholesalers provide stock images, but I prefer my own for a variety of reasons and I don't take that care and spend all that time doing it so that someone else can profit or have an easier time to list an item. ๐
I would be nice, and polite, but let them know I'd also be prepared to play hardball if I had to. (i.e. polite request, 'so that we can avoid time and expense of making this a legal matter' or some such. ๐
My listing and photos are being used by another seller
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on โ05-12-2014 06:32 PM
Its happened loads of times to me. This may be a policy breach but I have always contacted the other seller politely and pointed out that if the images are not removed they will be hearing from our legal team ( which doesnt exist) and make out I am much bigger than I am. This has had a 100% success rate! I think you would have a job getting text removed.
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on โ05-12-2014 06:34 PM
If your listing had gone live on eBay prior to the other sellers, it would have been much simpler.
You would just utilse the report link in the other sellers listing.
However, as your original listing was not on eBay prior to the other seller infringing copyright I am not sure if eBay will act quickly though, as eBays authority is only eBay - as per their terms and conditions (even though Gumtree is under their ownership).
The other seller could potentially argue that you stole their photos and description from another internet sales site all together etc and use as part of their proof that they had the goods listed on eBay before you did.
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on โ05-12-2014 06:37 PM
Watermark your images if you want to make it more difficult for others to use them.
As to text you can not claim copyright once you have posted on a publicly accessable site.
When you post or advertise on a publicly accessiable site you are agreeing that the images and text are actually the property of that site,
and most are obtainable by others under copyleft laws.
You can't please all the people all the time, so now I just please myself
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on โ05-12-2014 06:39 PM
That's what I thought as well, "thecatspjs", but I told ebay customer service they could check out my ad on gumtree which would show my name and contact number matched up with my ebay account and my gumtree ad had been listed before the other seller's listing on ebay.
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โ05-12-2014 06:54 PM - edited โ05-12-2014 06:58 PM
Sorry Greencat you are incorrect.
Copyright protection is automatic the moment you put pen to paper and write something original or key in something original, press save and post in the public domain, it has the same copyright protection as writing a book does ....
... unless you sign away your copyright through terms and conditions or other explicit means agreeing to forgo your copyright.
Only reasonable fair use of text is allowable
Copying another sellers description verbatim is not fair use.
http://www.copyright.org.au/news-and-policy/details/id/1985/
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on โ05-12-2014 07:05 PM
Re photos, whack the copyright logo in the corner plus your name or as above, watermark them.
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on โ05-12-2014 07:11 PM
Yes "greencat" I'll be definitely watermarking my photos from now on. With the text I can live with it being copied, but the photos being used, has really **bleep** me off.
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on โ05-12-2014 07:39 PM
This has happened to me loads of times on ebay, mainly with 1950/60's canisters that I sell.Listing text was copied word for word.On one hand I was flattered that my description was that well written it was worthy of being copied ! .On the other hand, annoyed that other sellers were lazy enough to copy, or maybe they had no idea as to how to describe their goods.It can pose a problem for sellers though if they copy verbatim ,text/photos from others without fully reading or checking what they have copied.Listing by this method can come back and bite you if the product is not the same (in any way shape or form) as advertised.As it is wriiten on the lisiting,the seller accepts full responsiblity for it, before uploading the listing.Buyers today will try and find any excuse to get a part/full refund, and they usually start with dissecting the contents of the listing.As long as you know what you are selling, let others take the risk !
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on โ05-12-2014 08:26 PM
i hope you have 2 of the same item because its supposed to be against the rules to have an item listed at 2 different auction sites

