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Mon Jan 13 2014 12:54:03

eBay Seller Uses Another Seller's Artwork as Bait

By: Reader

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Dear Ina,
I thought that I had seen it all until checking my few eBay listings today while looking for a friend's art work. I put into search "colorful flower paintings" and scrolled a couple of pages before suddenly finding an image of one of my abstract paintings in TWO listings one after the other!

The following are the listings, first is my fixed price one and second is my image used for a China listing of other flower prints!!! They were using my image to drive traffic to their print company!!! I guess I should be "honored" that they selected my art to garner traffic.

I filed notices with eBay, sent two different emails to the China user asking them to use their own image for the listing instead of my copyrighted image.

When checking that seller, I found images of other artists I know being used in listings that go to the Chinese print shop. The user has 243 listings at this hour.

Happily, at this moment my image has been removed from their "front" listing, but my disgust with eBay's "problems" has increased exponentially! I didn't have time to check the rest of my own listings for fraudulent use of my images, but I will be sounding the alert AGAIN with my collectors and contacts. And, yes, I may have to resort to watermarks again.
K.J.

P.S. Use my experience in your newsletter if you want to. To me this is "old hat" tricks with a different twist and I'm certainly not alone in the targeting with impunity.




Comments (17) | Permalink

Readers Comments

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

This user has validated their user name. by: Puck

Mon Jan 13 13:17:33 2014

I'm horrified that eBay management would permit such larcenous activities to occur...

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

This user has validated their user name. by: iheartjacksparrow

Mon Jan 13 13:30:22 2014

K.J. - This isn't too shocking since Chinese sellers are favored by JD. Those sellers seem to have a separate set of rules as there are thousands of listings with the same photos, titles, inside text, etc., that routinely go unpunished. Does anyone know of a Chinese seller caught in one of the purges? I think not.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: pace306 This user has validated their user name.

Mon Jan 13 18:29:14 2014

Everyone knows that there are 2 distinct classes on eBay.

The First - those who have no rules at all, get special shipping treatements, can do as they plesae and are the teachers pets of eBay (chinese mega sellers, platinums and manufactorers)

THe Second - the rest of us. We are bound by rules that even eBay doesnt know (so says VERO in their email to me), we have the rules held above our heads like the sword of Damaclese - one wrong flinch and your cut off.

eBay is Pay For Play - like the mob, or more like the Chinese triads on steroids, or even the Yakuza.

The Yakuza may take a finger, JD will take your family, your bsuiness and anything else that isnt nailed down.

So sorry that you are the victim of an eBay crime ... but eBay is like NYC under Dumb Dumb Dinkins - our ex mayor - who wouldnt know a crime if hit HIM over th head.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: RCL This user has validated their user name.

Mon Jan 13 20:15:02 2014

This seller should be suspended for 90 days. Is there anything we can do? Why doesn't eBay protect its sellers from theft?

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: RCL This user has validated their user name.

Mon Jan 13 20:17:50 2014

If they are using your image of your art as representative of THEIR items, that is fraud. If eBay does not suspend this seller, it's complicit.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: LAbay This user has validated their user name.

Mon Jan 13 20:40:31 2014

As soon as you get a lawyer to write a letter, eBay will pay attention and take action.  Until then, they don't care. There are lawyers who make their living off copyright violations.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: Tornad0sRul This user has validated their user name.

Tue Jan 14 00:10:35 2014

Ebay doesn't pay attention to class action lawsuits, petitions, laws, or their own rules and policies. Ebay is the most ignorant company that I have ever seen. Ebay does not care one bit about the sellers and they show that every day. Ebay is indeed like the Mafia and they do favor and employ large populations of Asians. Ebay does appear to be "above the law" because of their large political contributions. But, Ebay is getting known as the slums of dirty business and there are very few sellers who have any trust or respect for Ebay. Ebay has done something deceitful and crooked to almost every small-medium sized seller on it's site and most of the sellers have one foot out the door already just waiting for one last push. I cannot wait for another platform to jerk the rug out from underneath Ebay because I am going to be there ready to give them my money. Ebay doesn't deserve my money that is for sure.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: Tornad0sRul This user has validated their user name.

Tue Jan 14 00:20:06 2014

Larceny and copyright violations are just two of the laws that Ebay violates daily. Another one is fraud and misrepresentation because Ebay claims that sellers can block certain countries from their sales but in reality that is a complete lie. Right now I have a negative feedback from a country that I have blocked. How can that be? I never shipped anything to a country that I have blocked but somehow I have a negative feedback from a buyer in a country that I have blocked, and I don't use the GSP. Ebay doesn't care that they are committing fraud and misrepresentation when they allow sellers to block countries, but they clearly are, and I know because I am well versed in the laws.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: comet This user has validated their user name.

Tue Jan 14 00:30:55 2014

Yeah eBay could give a rats patooootie about image theft--I had this happen and they ignored it until I went to see a Judge and notified the thief---who I later found out has been stealing other peoples images for YEARS and eBay HAS been notified repeatedly and did---- nothing.

And this is NOT some mega seller that they are protecting as far as I and others know.  

Get a legal opinion on this ASAP.  

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: Cassie This user has validated their user name.

Tue Jan 14 00:47:59 2014

I've worked abroad the mentality per the Chinese they respect international laws and trade agreements if for their benefit but ''Chinese laws, jurisdiction and rights are first all others are a second thought!'' China pushes their economic agenda for their nation as the U.S. does for their but the U.S. a little shortsighted on short-term vs. long-term economic outcomes.

This includes stealing, manipulating market good, and rights of ownership. It's the business norm there it is seen as being savvy to exceed outcomes in trade even if unethical. One key example many long-term trademark registries in other countries as well as the U.S. are registered into China's government registry as these long held businesses enter the Chinese market they find they must pay royalties to other Chinese that have registered and filed Chinese registries even on international held trade marks, names or etc...investments into this identity right to use are market investments traded in China and are lucrative to abroad investors too some include politicians: Al Gore, President Obama and quite a few republicans as well.....

What trademarks or etc, traded in China ''KFC'', McDonald's,Coke~a~cola, Apple and more to place a sign in China or identify your business even with a licensed logo there are fees or royalties as another Chinese citizen has it's rightful use in their country already owned  right from under the very actual corporations.

As a fact the Chinese do research new business registries in various countries including the U.S. as investment futures just in case that new small business or start-up becomes the next Microsoft or Walmart. It's a legal operation in China yet ethically it seems more like extortion doing business in regards identity and/or ownership rights. Yet must understand China is the last communist or socialist country so rights of ownership vs. societal ownership view is a matter per opinion that a business that operates in China must therefore belong to China. I learned this 15 years ago working for a U.S. Manufacturer that exported globally NAFTA opened the doors for China and like any shrewd business entity they do push boundaries any or all for the advantage or loophole for financial economical gain.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: JulieG This user has validated their user name.

Tue Jan 14 02:38:48 2014

I believe ebay still allows you to watermark your pictures. That's be a start.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: ebay refugee camp This user has validated their user name.

Tue Jan 14 09:31:01 2014

Contact your attorney then contact your state attorney general and file a complaint. Filing a complaint with ebay is USELESS DO NOT WASTE YOUR TIME. Do it today!
Here is what US sellers are up against read below. There is a real problem on ebay.
eBay Inc. CEO John Donahoe became the newest member of the President’s Export Council Thursday after President Barack Obama appointed Donahoe to the prestigious advisory committee on international trade. In this role, Donahoe will advise the president on policies and programs that affect U.S. trade, including opportunities to expand cross border trade opportunities for businesses that use eBay Inc. products and services.
“I’m honored to participate on the council with esteemed leaders of the international trade community,” Donahoe said. “The face of global trade is changing, and it’s exciting that in today’s digitally connected world businesses of all sizes are exporting and helping grow the American economy.” JD's wife is Ambassador to the United Nations Human Rights Council a conflict of interest for sure, China is a huge violator of human rights.  It is very clear that John Donahoe is on a mission to run small Us sellers out, his words tell you that.
There are different rules for the China sellers I noticed listing violations over the holidays, duplicates everywhere, they had top search spots sewed up. I could not beleive it page after page of listings.
Remember when Obama said he was going to do something about China? His solution is to promote more trade, excuse me but the trade imbalance is not going to be fixed unless a tax on goods from China is implemented and JD's wife does her job and pushes for human rights violations against China.
I am so sorry I voted for Obama. I am disappointed.
Make sure all of you check other venues and list your items elsewhere.
The Chinese junk sellers are using multiple id's so if you buy something and you know it is cheap leave a negative and open a case I bet it will not work they are obviously being courted by John Donahoe, Mr. Bain and Company, Mr. Wall Street "steal from the poor and give too the rich". Let us not forget Robert Swan who is responsible for the policies on ebay he is just as guilty.
What is wrong with being honest Mr. Donahoe? Why is ebay using deceptive business business practices? How does it grow the US economy if the items are being directly shipped from China?

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: RCL This user has validated their user name.

Tue Jan 14 10:55:18 2014

Obama? Now it's his fault?

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: Moonwishes This user has validated their user name.
Web Site

Tue Jan 14 11:01:51 2014

Amazing! Does this mean that if they are showing a copy of one of your pictures, that they are also making prints of it as well? Now that is a HUGE copyright violation.

Those that steal others photos online are not only thieves, they are lazy thieves besides. Making money on the backs of hard working people that do their own work.

I've seen stores where every picture was copied from other sellers (including me) and I wondered what happens when they get something to sell that no one else has. How do they get a picture of it?

Unfortunately the mentality of many is they get to do what they want and the rules are for someone else, not them.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: pace306 This user has validated their user name.

Wed Jan 15 00:19:40 2014

No its not Obama's fault YET, though it sure shows a lack of good judgement picking this imbicile (JD) to run anything.

Use this address to file a complaint with eBay (cert mail)

eBay Inc.
Attn: Corporate Counsel
2145 Hamilton Avenue
San Jose, CA 95125

Not that it will do you any good - but you can try with a lawyers letter and see.

We all know VERO isnt for us regular folk - its purely pay for play on eBay.

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

by: FREDDY This user has validated their user name.

Sat Jan 18 09:15:22 2014

I have found that the only way you get ebay to listen is to have a lawyer write a letter and pointing out the way ebay has violated the law.  Year or so ago, I was screwed by a Chinese seller. Purchased 5 different items. When I rec'd them, they were nowhere near as being described. ebay did nothing to help. However, after I left a negative feedback for each item I did receive a warning from ebay that I was to be put on the bad buyer list. The negs were also removed from the seller. Withing 12 hours I rec'd a 10 day suspension. Called and had at least 12 hours total trying to get this resolved. No help.
An acquaintance of mine is married to a lawyer. I talked to her re this matter. A letter was written re the laws  that were broken including this time and what has happened in the past. Copy sent to AG.  Letter was sent certified. Surprising how fast I was reinstated and reimbursed once they received the letter. I was surprised that anything was done and so fast. Think ebay didn't wan't any further hassle and this was the cheapest way out for them??? Thought they had lawyers on the payroll just sitting around. Must be that they are extremely busy in the legal dept.?

eBay Seller Uses Another Seller's Artwork as Bait   eBay Seller Uses Another Seller's Artwork as Bait

This user has validated their user name. by: elpereles
Web Site

Sat Jan 18 10:21:43 2014

Waooo! This one can be consider a copyright issue. It isn't just another lazy seller stealing photos of a "common" item. It is someone making even prints based on an artwork from other seller.  



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