eBay auction warning

[BobRichmond]

An eBay user by the name of taximom-6 had copied the picture from my Dis signature and is using it on eBay auction pages. The current auctions using it are # 260026241268 and 260026249714. I just wanted to let all know that these are not my auctions and I do not endorse them in any way.

From the picture name of the imageshack hosted picture on the auctions (http://img222.imageshack.us/img222/7571/93514acutfullfamily1rx8.jpg) it is pretty obvious that the picture was a direct copy from my WDWInfo hosted picture (http://www.wdwinfo.com/photopost/data/500/93514a_cut_full_family.JPG). I have messaged the eBay user and asked him to stop using my picture ASAP. If this request is not complied with I will work with eBay, imageshack.us, and wdwinfo.com to get the picture deleted and any appropriate action taken against the user.

 

[LuvN~Travel]

Some people are just SO unoriginal aren't they? Sheesh! Good luck with Ebay.
Kim

 

[Roxane]

Don't feel bad, I doubt they got Wierd Al's permission to use his song either.

 

[PurpleDuck]

Oh that is terrible Out! What some won't do to "get everything they can".

I can see where it might have been beneficial for that seller though. Your sig pic is a widely varied array of players, good to help promote the "image" of the game.

I wish you the best in your efforts, and hope it is taken out quicky, my friend!

 

[Tampa]

Don't worry.. one of the vmk forums used screen shots I posted in a video they made. I found out through viewing the vid. Permission would of been nice. Maybe I'll sue!

 

[Peacefully]

I wonder if there's some way of reporting them for selling items they couldn't possibly give someone. In the first one, the room full of stuff, I clearly see a Davey Jones' Organ and a Skeleton Monkey. Those are no longer tradeable, right?

I too know the feeling of having your graphics stolen. I've done icon making as a hobby for the last two or three years, and people just love stealing them and uploading them to other sites and claiming they made them.

 

[mtlhddoc2]

ebay wont do anything unless the person stole he pic from your auction, really, there is nothing you can do since, in fact, YOU dont own the image of your charachter - Disney does.

 

[Maleficent2]

ebay wont do anything unless the person stole he pic from your auction, really, there is nothing you can do since, in fact, YOU dont own the image of your charachter - Disney does.

While he may not own the image of the character his pic is his own and this is similiar to ID theft because the picture is associated with him and I do beleive not being a lawyer(maybe someone who is or works for one might know better)but I would think that he has a good case.


Out I am so sorry this happened to you. I know how steaming mad you are right now because I have also been there.

I wishing you the best of luck with resolving this issue and so glad you brought this to everyones attention.

Mal

 

[Cpt.JackSpearow]

I was just about to post this because I just saw it on ebay..

It says its for the hunting thing or what ever, yes peacfully there is the skeleton monkey and organ. Thats just a scam..

 

[Maleficent2]

there is also a Davey Jones Locker Chest which is also not tradeable.

 

[Jennifer815]

Well, it appears she's taken the picture down, but still has the untradeable stuff. What a rotten thing to do. I will never understand why people feel the need to just take things that aren't theirs. Sorry this happened!

 

[MomsGoneGoofy]

Out so sorry to hear this. You must be so upset and angry. Hope you get this straightened out soon.

 

[catmac]

As a lawyer I have to agree with Mal it is in fact ID theft. A case of ID theft need be no more than using something associated with a specific person which would most likely result in their reputation/credibility etc being called into question.

But then again the legal system may be different in Ireland to the USA although in general the laws governing fraud/id theft/slander etc have been internationally standardised it may well be however that some specifics could be different in the USA.

 

[mtlhddoc2]

as an ex-paralegal and son of a law professor (and yes, I have successfully defended myself in criminal court - recently), I can say in the USA this is most certainly NOT ID theft at all. It is an image of charachters from the Disney-owned game VMK - Disney does own the images and if they so chose, could have each and every person on this board remove any pictorial references to their properties, including pictures of VMK charachters which you control. They only law that "may" have been bent is the image licensing law(s). Not to mention the fact that, you really cannot be 100% sure that the image in question was the image in your sugnature simply because it is recreatable in its entirety. Each one of us has the resources to go onto VMK with 20 mules, dress them the same and take a screen shot.

In the USA, to prove a criminal act, if you assume one occurred here, you have to show beyond a reasonable doubt that THAT PARTICULAR image was the one copied. You cannot, since it is recreatable. Also, just because Bob has it in his signature does not mean that he did not steal the image from someone else. (Not saying he did so do not read that into it). So: there is your reasonable doubt - I have also created enough doubt to beat a civil trial as well.

 

[aprncess]

as an ex-paralegal and son of a law professor (and yes, I have successfully defended myself in criminal court - recently), I can say in the USA this is most certainly NOT ID theft at all. It is an image of charachters from the Disney-owned game VMK - Disney does own the images and if they so chose, could have each and every person on this board remove any pictorial references to their properties, including pictures of VMK charachters which you control. They only law that "may" have been bent is the image licensing law(s). Not to mention the fact that, you really cannot be 100% sure that the image in question was the image in your sugnature simply because it is recreatable in its entirety. Each one of us has the resources to go onto VMK with 20 mules, dress them the same and take a screen shot.

In the USA, to prove a criminal act, if you assume one occurred here, you have to show beyond a reasonable doubt that THAT PARTICULAR image was the one copied. You cannot, since it is recreatable. Also, just because Bob has it in his signature does not mean that he did not steal the image from someone else. (Not saying he did so do not read that into it). So: there is your reasonable doubt - I have also created enough doubt to beat a civil trial as well.

jmo........while indeed we all have access to the resources needed to get a screen shot like his but the fact remains that it was indeed copied as the link properties were his exactly

one may have a difficult time proving who had what when and from where as he could of right clicked and saved as well. since he is here on this board and has that pic in his signature, he knew that if anyone from here seen it, that they would think it was him. i know that when i seen it, i associated it with him....you must of missed the point....he was just asking that it be removed....as for creating reasonable doubt you sound as if you are on trial....i don't believe that was his intention, he just wanted it removed because taximom had too of been here to get it and i would think that she was a diser and not a fly by because the situation has now been resolved.

Its nice to see that Taximom got to the boards early this morning and cleared up this situation....Thank you!


as a side note...i believe that if you include the Disney copyright in your images and are not making money from them, there is nothing they can do.....i for one minute do not think that they are going to visit every single website out there in web land and do anything unless like the ebay seller, where she is making money, then they will take action if they want to

 

[Laurabearz]

Looks like with the first one someone questioned her on both the non tradables in her sale AND someone elses photo at the bottom of the screen.... giggle

 

[milkabum]

Oh my! I hope he stops!

 

[ShadowKittyKat]

Oh my! I hope he stops!

Taximom? I'd think of that to be a she, not a he...

 

[darkacre]

If someone did that to me, I would panic about it for approximately zero seconds, but it looks like your sounding of the alarm worked. She's removed the images. The use of the picture, however, could never in a million years been perceived as a claim that the seller was the same person who first used the image on a DIS signature. It might have been a copyright violation -- a right that Disney, not its VMK users, could have enforced -- but it was nothing remotely similar to an ID theft.

 

[mtlhddoc2]

jmo........while indeed we all have access to the resources needed to get a screen shot like his but the fact remains that it was indeed copied as the link properties were his exactly

one may have a difficult time proving who had what when and from where as he could of right clicked and saved as well. since he is here on this board and has that pic in his signature, he knew that if anyone from here seen it, that they would think it was him. i know that when i seen it, i associated it with him....you must of missed the point....he was just asking that it be removed....as for creating reasonable doubt you sound as if you are on trial....i don't believe that was his intention, he just wanted it removed because taximom had too of been here to get it and i would think that she was a diser and not a fly by because the situation has now been resolved.

Its nice to see that Taximom got to the boards early this morning and cleared up this situation....Thank you!


as a side note...i believe that if you include the Disney copyright in your images and are not making money from them, there is nothing they can do.....i for one minute do not think that they are going to visit every single website out there in web land and do anything unless like the ebay seller, where she is making money, then they will take action if they want to

My whole point was that 2 people had mentioned "identity theft" which is a crime, which is why I dished some legal dirt.

for your second part, you are incorrect. Disney specifically states in the TOS for VMK that they own the images whole or in part and tyhey are not to be, among other things, posted to message boards. Any use of an image, for profit or not, is Disney's business and they can ask that they be removed at any time and the message board, whether it is this one of not, must comply or they could face a lawsuit. I am not saying they will, its not a smart business move, but they could and it is well within their rights under the law.