Legal Question regarding Copyright

Discussion in 'Community Discussion' started by Music_Producer, Nov 16, 2007.

  1. Music_Producer macrumors 68000

    Joined:
    Sep 25, 2004
    #1
    I posted a few items on ebay recently - more specifically, products made by Avid (www.avid.com) All the stuff was new, in sealed packages.. I took my own pictures.. edited them in photoshop to make them look better (drop shadow effect, etc) and described the item (I borrowed the technical features description from Avid's website)

    Now apparently ebay terminated my listings based on their Vero program, stating that the litigation counsel from Avid sent them a notice that my listings infringed copyright - specifically - that I used images and text from Avid. :confused: The point here is, that I did not use any images from Avid, I did use text - but that was factual information such as technical features.

    It's amazing that this lawyer pulled my listings under penalty of perjury! I don't think he even bothered to check my listings - after a series of email exchanges (where he started using a bunch of legal terms about Fair Use and DCMA, etc) I sent him proof in the form of screenshots that my listings did not use any text or images.

    He hasn't written back after that.. eBay obviously plays the ignorant fool in all of this. Should I file a counter notice against Avid? It's crazy that a corporation can just carry out such illegal activity .. I understand if they target people selling counterfeit stuff.. but legitimate products should not be pulled. I didn't even receive a cease and desist letter!

    What do you, who are legally inclined.. think I should do?
     
  2. nhallmark macrumors 6502

    Joined:
    Nov 8, 2006
    #2
    Hey bro! :p

    I'm not sure where the line is there, but from my experience, I've always seen the product description/features pulled from the manufacturer's site on ebay listings, especially with music gear for years now.

    Also, from my experience ebay and paypal could care less. I got screwed on an engine for my car a few years back. It was protected under the $1000 coverage paypal offers. Yet, after months of going back and forth, they did nothing and wouldn't refund me under their coverage.

    Anyway, this is what I would expect from a company like Avid LOL.

    I know this doesn't answer your question, I'm just stating my experience FWIW.

    Edit: I know it doesn't help now and it's an inconvenience, but a lot of times if you email them and ask permission, they don't have a problem with it. Like I said, it's a hassle, but then next time, you can show them the email that you have permission.
     
  3. MacNut macrumors Core

    MacNut

    Joined:
    Jan 4, 2002
    Location:
    CT
    #3
    The only thing that would make sense is that you copied the specs word for word and that infringed the copyright.
     
  4. JW8725 macrumors 6502a

    Joined:
    May 8, 2005
    Location:
    UK
  5. MacNut macrumors Core

    MacNut

    Joined:
    Jan 4, 2002
    Location:
    CT
    #5
    Won't make a difference if Avid's lawyers are on the hunt.
     

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