Shady Lane

Posted by X-2000R (A) on March 15, 2008 at 09:27:47

In Reply to: RE: Don't Steal Pictures Off Ebay posted by X-2000R on March 14, 2008 at 11:22:36

The auction in question was pulled by the seller. I can only surmise he got my e-mail and decided it wasn't worth the potential hassle and thus axed his auction. Good for him. I appreciate it. But I am still going to be watching him (and others) just in case. However, I have not received a reply. But his actions are sufficient just the same. Now some other things I'd like to point out.

1. Anyone who thinks my original e-mail was a "waste of time" or thinks I need to "buy a life" is someone who almost certainly sympathizes with the seller; ergo they too might be inclined to commit such plagarism given the opportunity. I already acknowledged the presence of such people in my final paragraph when I stated my full awareness of people out there who, whether it's a rebellious state of mind and/or a simple lack of respect for others, see nothing wrong with theft. Yet think that the people being stolen FROM are chumps who "need to get a life" when they actually stand up for themselves. Think the mugger who won't stop to consider that maybe the reason he has to take a life of crime because he never bothered to get a job. No, he's going to lash out at the police for "being mean" as well as the "losers" that called them. And you know just as well as I do that should YOU ever be on the losing end of something being stolen from you, you would be crying foul even louder than I am. But because you yourself are the thief and have nothing that can be stolen, you see no wrongdoing in your actions.

2. I never said that this seller couldn't try and sell competing auctions. I couldn't stop this guy even if I wanted to. He has just as much right to try and make a sale as I do. I only asked that if he does so, to use his own damn pictures. Or at least have the courtesy to ask if he could 'borrow' first. I told you, I'm generally relaxed, open minded, and liberal when it comes to stuff like this and probably would've given him permission. But because he chose to do it and do it two more times even after getting 'busted' (in other words a cyber equivalent of the 'middle finger salute' back at me), I had to take action against him. All I ask for is a little courtesy and respect. Is that *REALLY* unreasonable?

3. Comparing the actions of this seller to posting pictures of components is completely apples-to-oranges. That comparison holds absolutely no water whatsoever and is not even worthy of discussion beyond that. Now if I posted pictures of components and claimed that *I* built them, then that's another story. Or again, if someone took a picture of my components (without asking) and used them to describe "his" components for sale, then that too would constitute forgery. See also above #1.

4. Watermarking might not be a bad idea. Even if a picture gets on the 'Net, it does not necessarily default into public domain, unless whoever took the picture explicitly says so. This is a huge point of contention in the file-swapping debate. It might go into public domain DE FACTO (i.e. in practice), but that doesn't eliminate any potential LEGAL ramifications. In most cases with pictures, no harm, no foul. But in instances as I described in my OP, I can and still do reserve the right to call a foul and invoke intellectual property rights. Why do you think such laws were passed in the first place? Especially when I would have an essentially air tight case that can prove his pictures cause me financial harm (took sales away from my auctions). What *LEGAL* (emphasis on LEGAL) leg does this seller have to stand on?

None. Zero. Zip.

5. It doesn't matter if this is a "lost cause". First of all, the guy pulled the plug on his auction voluntarily, I guess not wanting to roll the dice and risk having it pulled for him INvoluntarily. So obviously, it *WORKED*. So much for it being a lost cause. Second, that attitude is exactly why we have so much BS litigation (and an entire generation of people born with no gonads and no backbones), everyone is always looking for the cheapest and easiest way out. And try to get someone else to do your dirty work for you if possible. Nobody wants to stand up for anything any more. It doesn't matter if it means some effort and/or additional upfront expense on my part. It might save a lot of both on the back end. But of course few people today bother to think past whatever is right under their nose. Right is right and wrong is wrong. Period. Because if I let it go once, then others will see that it must be ok. Before you know it, I might as well just invite someone into my home and tell them to help themselves to whatever they want. If that's what you guys want for yourselves, that's your business. I sure as shit want no part of that.

Edits: 03/15/08