Auctiva, eBay & Copyright Theft
The following is extracted from one of our websites, but we repeat it here as general advice to eBay sellers who choose to use Auctiva to host their images.
Many eBay sellers, including dealers, continually infringe our IP (Intellectual Property) rights by using our copyright images.
We invest considerable time and money in our photographs, and do not appreciate their misappropriation by eBay members or others, especially when they are using our efforts to compete with us.
According to Wikipedia:
Auctiva is an eBay auction management system. It was founded in 1998 by Jeff Schlicht. At the time, Schlicht was struggling to place hundreds of listings on eBay. So, being a software engineer, he wrote a program to automate the task. He then began offering the software to friends and family who enjoyed the convenience it provided. Realizing the valuable tool he had created, Schlicht formed Auctiva, and the service has since become popular for individuals and businesses attempting to conduct e-commerce through eBay.
While offering their services for free, Auctiva makes money primarily through an innovative revenue-sharing system for shipping insurance. They are able to obtain insurance policies in bulk and pass the savings on to the ebay seller. They also have other fee-based services. Popular features include free image hosting, auction gallery, auto-relisting, billing support, automatic seller-to-buyer e-mails, and consignment support.
Auctiva is also a way for sellers to save money by uploading pictures at no charge instead of having to pay the additional pictures fees to eBay. The service also provides other paid ebay features for no cost such as scheduled listings, listing designer, and supersizing pictures.
So, What's the Problem?
There is no problem with using Auctiva when listing on eBay, except that if you are a copyright thief, it might come back to bite you!. We will explain:-
* Let's assume you have some gold coins to sell, perhaps a Krugerrand and a few sovereigns.
* If difficult to get good photographs of coins without specialised equipment, some knowledge and experience in macro photography, and also in using Adobe Photoshop or some other image editing software.
* You decide to use one or more of our high quality photographs, without asking our permission, to save yourself time and effort, and use the photos to offer your item or items on eBay.
* We notice the stolen image, report it to eBay, and get the listing removed.
* Unfortunately, because you use Auctiva, our image also appears on all, or many of, your other listings. To protect and enforce our IP rights, we report each and every instance of copyright abuse.
* Even after the prime, directly infringing listing has been removed, the image may still persist in Auctiva's system. When eBay cancel your listing, they do not inform Auctiva, it is not their responsibility to do so. Auctiva's system is not smart enough to know that your listing has been cancelled, and it is not designed to assist copyright thieves. It is up to you to ensure that the relevant image is deleted from the Auctiva system, if this can be done (we do not know, or care). If it cannot be deleted, we suggest you wait until the item would have ended normally before relisting anything else.
* If you are unhappy with any of this, we suggest you contact eBay and Auctiva, to tell them the problem, and suggest they change their systems, although we would be surprised if you can:
1. Contact either of them.
2. Get any relevant or helpful response from them.
3. Persuade them to change their systems.
If you think the information and help you get from eBay is pathetic, we would agree with you, because even though you are a copyright thief, you are one of their paying customers, and they should provide you with a better level of service. At least you got your fees back for the cancelled listings.
On their website, there is a "Legal" page, which includes the following statement:
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Auctiva's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Auctiva and its affiliates that your copyrighted material has been infringed. Contact us at email@example.com.
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the site, including the eBay listing ID number/s where the image/s in question are being used, if applicable;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
On a significant number of occasions in the past, we have sent Auctiva a copy of our standard IP Infringement Notice to the e-mail address quoted on their website for this purpose. In the past, every single instance of this has resulted in a failure message.
As we were writing this, and to be fair to Auctiva, we sent them a test message, and have received a positive and intelligent response.
Links & Images
We regret we are not able to include further informative links, due to eBay's no external links policy. Also the images we include on our websites are too large to reproduce successfully here, as eBay's maximum image size in its guides is 200 pixels wide.
Auctiva Example - Stuff565
Find More Items From the Same Seller. Bid or Buy Now!
This eBay Cross-Promotion and Marketing feature causes similar problems.
Please see our "Copyright" page for further information.
Some Copyright Thieves on eBay
We "name and shame".
Alphabetical Listing of Other Copyright Theft Sites
We give more websites some free advertising.
Other Web Sites
All comments about copyright also cover content of all our other websites including, but not limited to:-
* Investment Gold Bars & Coins (This Site)
* General Coins & Jewellery:
* Gold Sovereigns:
* 18 Carat Gold Jewellery:
* 9 Carat Gold Jewellery:
Auctiva, eBay & Copyright Images Theft, Gold Coins etc.
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2 June 2008
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