Letter from a company (Copyright infrigment)

[spk]

In Germany, we call it "Abmahnung," which I believe is correctly translated as "cease and desist." Lawyers send out mass payment demands for missing rights to images or mistakes in listings, for example, no base price indication or incorrect terms and conditions. And all of this is legal, and we have to pay it. A value in dispute is determined, for example, €100,000, and we have to pay 5% of that. These are, so to speak, the sheriffs of the internet. But since you are from Italy, it wouldn't care about

[Mr_Blue_Sky]

Originally Posted by Karlis96

4. Send them back message - print out your email with IBAN put in your ass, and shoot three times it out !!! ��

Bad advice. They've already been told how this rouse works, simply stop using the images and ignore them.

This isn't a pi$$ing competition, OP just needs to know that if they walk away from this then nothing will happen - guaranteed.

[Mr_Blue_Sky]

Originally Posted by Superboy23

yes but to prove its me they need to investigate, its not just my word or not. They need to sue me and find some proofs its me.. thats require more money that they could take from me with those 8 copyrightedphotos

Correct, that's why, as I said, it will NEVER get to court.

Lets not forget that if the company was that concerned, or the lawyer was in any way competent, they'd have registered with the eBay VeRo programme and taken you down that way.

But they didn't because as I said before, this isn't about brand protection it's about some scalper lawyer looking to make a quick buck out of naive sellers.

I had one many moons ago and the comical lengths they went to to scare me was ridiculous. They even sent dummy court papers with 'place and date to be advised' written on them, all very funny.

I can only repeat what I said before, do not reply and it will all go away and you can smugly relax knowing the scum lawyer has wasted time and money on a failed scam.

[ebabe]

Originally Posted by Mr_Blue_Sky

Correct, that's why, as I said, it will NEVER get to court.

Lets not forget that if the company was that concerned, or the lawyer was in any way competent, they'd have registered with the eBay VeRo programme and taken you down that way.

But they didn't because as I said before, this isn't about brand protection it's about some scalper lawyer looking to make a quick buck out of naive sellers.

I had one many moons ago and the comical lengths they went to to scare me was ridiculous. They even sent dummy court papers with 'place and date to be advised' written on them, all very funny.

I can only repeat what I said before, do not reply and it will all go away and you can smugly relax knowing the scum lawyer has wasted time and money on a failed scam.

''Lets not forget that if the company was that concerned, or the lawyer was in any way competent, they'd have registered with the eBay VeRo programme and taken you down that way.''

I'm in a similar situation, some pi$$y little micro company sending me letters, even though they NEVER went through Vero to take down the item . I took it down myself in a timely manner to nip the drama in the bud for now and have NEVER once replied to them. The fact they never went through Vero, in my case and the OPs case, raises a red flag

'' They even sent dummy court papers '' Pretty sure that would make any case not only invalid, but is against the law, from my research. If you really wanted you to, could get a good Lawyer/Solicitor and take it further, and really ruin their day

[rsot]

Originally Posted by Mr_Blue_Sky

I can only repeat what I said before, do not reply and it will all go away and you can smugly relax knowing the scum lawyer has wasted time and money on a failed scam.

Right on - dont reply to these shenanigans

[murdered_by_ebay]

Originally Posted by Mr_Blue_Sky

Correct, that's why, as I said, it will NEVER get to court.

Lets not forget that if the company was that concerned, or the lawyer was in any way competent, they'd have registered with the eBay VeRo programme and taken you down that way.

But they didn't because as I said before, this isn't about brand protection it's about some scalper lawyer looking to make a quick buck out of naive sellers.

I had one many moons ago and the comical lengths they went to to scare me was ridiculous. They even sent dummy court papers with 'place and date to be advised' written on them, all very funny.

I can only repeat what I said before, do not reply and it will all go away and you can smugly relax knowing the scum lawyer has wasted time and money on a failed scam.

there must always be a plan B in case it does not go away

[ebabe]

Originally Posted by Superboy23

ok my laywer said to me shut the **** up lol

Free Lawyer advise for all, and verifies what most people have been saying on here. Ignore, don't correspond.

[Mr_Blue_Sky]

Originally Posted by murdered_by_ebay

there must always be a plan B in case it does not go away

So what do you suggest is a valid 'plan B' for a scam such as this?

In what world do you even imagine this going any further than pathetic scam fishing-trip letters?

Stop with the scaremongering, indeed, assuming you know how this scam works, I suspect you know there is no need for a 'plan B' so why mention it?

If you're adamant that a 'plan B' is necessary then you clearly don't know how these shysters operate.

[murdered_by_ebay]

Originally Posted by Mr_Blue_Sky

So what do you suggest is a valid 'plan B' for a scam such as this?

In what world do you even imagine this going any further than pathetic scam fishing-trip letters?

Stop with the scaremongering, indeed, assuming you know how this scam works, I suspect you know there is no need for a 'plan B' so why mention it?

If you're adamant that a 'plan B' is necessary then you clearly don't know how these shysters operate.

there are companies that take people to court , this here may or may not be a scam but especially in the EU there are many companies taking online sellers to court that is why it is always important to keep the plausible denial option open if the matter should go further

in the best case sellers should plan for it in advance by not easily providing their personal details to everyone and anyone , this is possible for smaller sellers and only difficult to do for big ones and corporations

[solefoodbk]

Originally Posted by murdered_by_ebay

there are companies that take people to court , this here may or may not be a scam but especially in the EU there are many companies taking online sellers to court that is why it is always important to keep the plausible denial option open if the matter should go further

in the best case sellers should plan for it in advance by not easily providing their personal details to everyone and anyone , this is possible for smaller sellers and only difficult to do for big ones and corporations

Why would a company take someone to court when these listings were already taken down? You would then need cooperation from eBay to show the history of listings. It's not going to happen.

All for using a picture?

[Superboy23]

there is no way.. its a listing created and deleted at december, never sold it. in one of my account that is suspended now and death like 8 months ago.

i believe that it had like 0 views, 2400 euro for a no sense listing...

filing a civil copyright case in Europe can cost around €3,000 plus lawyer fees. However, copyright cases in Europe can be lengthy, often lasting 3-4 years or even longer, and cross-border disputes can further complicate the process.And they need to prove its me..

the letter is just to scare me, we ll see in the future if they sue me! But have no ****ing sense...

my etsy and ebay stores are doing good and this letter gave me motivation to hustle more more and more.

Nintendo sued some guys because they created an emulator for Switch and they did a damage of bilion of DOLLARS. New Zelda was on emulator before the native console. 1 milion of copies wasted
And those developers payed less that a milion in compensation. The damage was HUGE. (They even had a Patreon that made 30k a month).

Copyright are not that easy, and the compensation is based upon damage that you do.

[murdered_by_ebay]

Originally Posted by solefoodbk

Why would a company take someone to court when these listings were already taken down? You would then need cooperation from eBay to show the history of listings. It's not going to happen.

All for using a picture?

you do not need cooperation from ebay , at least in the EU anyone who owns copyright to an image can demand compensation , it would be sufficient to prove that the person in question used the image , for example on ebay

[yobar]

These people are just scamming to look for us.
You don't have to respond to these people, they look for who sells products that are VeRo on eBay and try to make some money.
block the user and go on your way

[Superboy23]

Originally Posted by murdered_by_ebay

you do not need cooperation from ebay , at least in the EU anyone who owns copyright to an image can demand compensation , it would be sufficient to prove that the person in question used the image , for example on ebay

civil cause in europe are 2-5 years long, at least in Italy and so in Gemany.

The guy that wrote the letter is a retarded cuz they put a 5% business fee
1500+ euro that i need to pay plus 2400 euro to the owner of the copyright.

But those 1500 euro as @spk said its a German law, im italian it doesnt count to me.

Sue me.. i'll pay the whole trial 3-4k lawyers and so on, im not giving you 3000 euro straight away

[murdered_by_ebay]

Originally Posted by Superboy23

civil cause in europe are 2-5 years long, at least in Italy and so in Gemany.

The guy that wrote the letter is a retarded cuz they put a 5% business fee
1500+ euro that i need to pay plus 2400 euro to the owner of the copyright.

But those 1500 euro as @spk said its a German law, im italian it doesnt count to me.

Sue me.. i'll pay the whole trial 3-4k lawyers and so on, im not giving you 3000 euro straight away

you are wrong about germany and most likely the same is in italy , in germany there is a special procedure called "einstweilige verfuegung" , this is when a court decides within a few days based on evidence provided and you receive an order to stop doing something under threat of large fines and a bill to pay the court and laywers , if you disagree you can object but this would immediately lead to expensive court hearings

[Superboy23]

you are wrong about germany and even italy

what you are talking about is a temporary block that governments implement when there is a huge damage to the copyright holder company, it has nothing to do with an item put on sale 8 months ago that doesnt exist anymore

[Mr_Blue_Sky]

Originally Posted by murdered_by_ebay

there are companies that take people to court , this here may or may not be a scam but especially in the EU there are many companies taking online sellers to court that is why it is always important to keep the plausible denial option open if the matter should go further

in the best case sellers should plan for it in advance by not easily providing their personal details to everyone and anyone , this is possible for smaller sellers and only difficult to do for big ones and corporations

So your Plan B is My Plan A - do nothing!

It does beg the question what your plan A is???

FYI, if you new anything about this matter you would know it is a scam, there is no 'may or may not'.

[Mr_Blue_Sky]

Originally Posted by murdered_by_ebay

you do not need cooperation from ebay , at least in the EU anyone who owns copyright to an image can demand compensation , it would be sufficient to prove that the person in question used the image , for example on ebay

It has been mentioned by both myself and OP that for copyright infringement claims in the UK and EU the loss or damage has to be quantified. Which part of that do you not understand?

[murdered_by_ebay]

Originally Posted by Mr_Blue_Sky

It has been mentioned by both myself and OP that for copyright infringement claims in the UK and EU the loss or damage has to be quantified. Which part of that do you not understand?

there is nothing to understand as I am familiar with the german system , if there was one violation that can be verified it is sufficient to demand compensation , only size of compensation would be in question

it would not matter if listing was removed , in fact they usually remove listings first and take the matter to court later , sometimes many months later when the person in question can not even remember what was going on

[murdered_by_ebay]

Originally Posted by Mr_Blue_Sky

So your Plan B is My Plan A - do nothing!

It does beg the question what your plan A is???

FYI, if you new anything about this matter you would know it is a scam, there is no 'may or may not'.

plan A can either be silence or denial , do not bull**** me , you do can not tell from the above text whether it is a scam as you do not know which items it was exactly and who exactly sent the letter on which grounds

it may be a scam but it may as well be someone who holds rights to parts of the item , stop misleading people here claiming things you know nothing about , if such a letter arrives by mail the worst case scenario must always be taken into account

[Superboy23]

Originally Posted by murdered_by_ebay

plan A can either be silence or denial , do not bull**** me , you do can not tell from the above text whether it is a scam as you do not know which items it was exactly and who exactly sent the letter on which grounds

it may be a scam but it may as well be someone who holds rights to parts of the item , stop misleading people here claiming things you know nothing about , if such a letter arrives by mail the worst case scenario must always be taken into account

friday i'll have a call with a lawyer expert in copyright that handled thousands of those causes, so we'll see, infact taking the worst scenario is what i'm doing

My intent in posting this matter was to discuss it Not to end my fears

And to make informed people who might make the same mistakes as me. so we'll not do the same twice

[Superboy23]

i had this conversation with this lawyer but he doesnt know nothing about ecom but just copyright on some social platform like ig and so on. 200 euro wasted

he said we'll send a letter for unfoundedness of damages if you want. But i said look if you said its me its so stupid isnt it? i can create an account with your name and sell illegal items, how can they prove its you? They need to go in a court and prove it. (Ebay never asked ID verification on my accounts)

He said "if they know who you are that means they have done some research and investigation".................................... ............ They just took my business details on ebay page

So i said to him dont send nothing and wait if they sue me..