Re: [Aroid-l] Copyright=ebay=advice

**T* A* <t*@plantdelights.com>**

Aroiders:

It's been discussed before, but stolen photos used on the web are 
governed by the DMCA (Digital Millenium Copyright Act). It does work 
since I know of entire websites that have been shut down for using 
copyrighted photos. You'll find this link an interesting read. 
http://en.wikipedia.org/wiki/DMCA

Tony Avent
Plant Delights Nursery @
Juniper Level Botanic Garden
9241 Sauls Road
Raleigh, North Carolina  27603  USA
Minimum Winter Temps 0-5 F
Maximum Summer Temps 95-105F
USDA Hardiness Zone 7b
email tony@plantdelights.com
website  http://www.plantdelights.com
phone 919 772-4794
fax  919 772-4752
"I consider every plant hardy until I have killed it myself...at least three times" - Avent

Wayne wrote:
> This topic has been interesting. I had not considered how valuable 
> photos are considered until Alan posted he was removing pictures from 
> his site because people were copying them. I think listing a link to a 
> site in an auction should be OK, as most people publish to the web 
> with the intent to generate traffic, the more the better.
> But I don't see how Ebay can get in the middle of a dispute of who 
> owns a picture. It sounds like I can shut down anybody's auction by 
> emailing Ebay and claiming the photo is mine?
> Wayne
>
>     ----- Original Message -----
>     *From:* Michael Mahan <a*@covad.net>
>     *To:* 'Discussion of aroids' <aroid-l@gizmoworks.com>
>     *Sent:* Monday, July 02, 2007 11:04 AM
>     *Subject:* [Aroid-l] Copyright=ebay=advice
>
>     You are right ! My posting was not meant a Legal Advice to Anyone.
>     Just a way to inform the members how to stop people selling on
>     Ebay from using anyone’s photo’s . It was explained to me that
>     Ebay could be exposed for a class action if they did not address
>     the problem (agin this is not legal advice ) & they figured out
>     how to make some cash by doing what they are now doing while also
>     protecting themselves at the same time with the new policy of
>     removing the offending auctions without refunding the listing
>     fee’s . As Michael Pascall pointed out the bromeliad folks are way
>     on top of their images as they should be as their data base is
>     huge with some Very fine photo’s of some really rare plants
>     Michael Mahan (who is not a lawyer & not offering any legal advice
>     to anyone )
>
>     *From:* ted
>     *Subject:* [Aroid-l] Copyright
>
>
>     First, please understand that I am NOT a lawyer. I am assuming
>     that others who have opinions on this and contribute to this list
>     are also not lawyers. Why that is important is that if you are not
>     a lawyer, your opinion weighs in a lot less, especially if you are
>     attempting to offer legal advice. At the very least, your opinion
>     carries no weight. Worse, you might lead someone astray if they
>     try to follow your advice. Worst of all, you may run afoul of laws
>     about practicing law without a license. Just keep in mind where
>     you stand.
>
>     Second, understand that Steve is right about what a copyright
>     allows you to do. It allows you to bring a court action. It does
>     not mean you are going to win. It also does not mean you will be
>     able to collect even if you do. This is just one of those hard
>     things you need to know these days.
>
>     So, what if someone uses your image without your consent? OK, you
>     cough up a couple of thousand for a lawyer as a retainer and an
>     advance on expenses. Then the lawyer has to track down the
>     offender, which may be difficult. Then the suit needs to be filed,
>     making claims. What are the claims for a guy stealing your image
>     for e-Bay? If the item sells for $50, let us say, you might be
>     able to argue that your image raised his selling price by $10? Is
>     that fair? Maybe, if you're lucky, you get the whole $50 at stake.
>     Then you might try for court costs or some sort of pain and
>     suffering. Hmm. Maybe your original $2000 plus $50. This is small
>     claims territory. And even if you get a judgment, how are you
>     gonna collect? More legal hassles.
>
>     I think you see what I am getting at. Sometimes it's not worth the
>     trouble. It's one thing to sue a deep pockets offender like
>     General Motors. It's quite another to sue some lowlife bum who
>     steals a picture off the internet. I'm glad e-Bay has the policy
>     described because I don't think there are many other options.
>
>     So, where does that get us? It gets us back to Steve's other
>     statement. It's a matter of courtesy and common decency to ask
>     first and make the proper attribution. Decency? Courtesy? When was
>     the last time those came up? Put me down as an old fashioned guy
>     who still believes in doing the right thing. Remember, I am not a
>     lawyer.
>
>     Ted.
>
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