Letter from a company (Copyright infrigment)

[Superboy23]

Hi, today i've received a letter from a Company ( their attorneys) that i've listed an item that they own copyright

they want damages of 2400 euro cuz i've listed one of their items. I've never sold this item, it was on my ebay account for like 2 days then i've removed it
The ebay account doesnt exist anymore

They put the ebay URL on the letter but doesnt show anything just 404 not found (on ebay)

2400 its inappropriate for 3 images in my opinion.
Ideas? trying to talk with this company but they dont respond

[agent006140]

ignore them,nothing they can do

once a friend of mine has some problem dealing with the US immigration and naturalisation personnel until she hired a lawyer to represent her,these guys shaped up right away.

There is now a shortage of accountants,but never a shortage of lawyers.
Law school is expensive,I dont know why so many people want to become lawyer,graduating out of law school with a 6 figures student loan.

[Superboy23]

I dont know, its europe not usa
Im talking with a lawyer

[murdered_by_ebay]

in this case you should usually reply that you do not sell on ebay and know nothing about this

under no circumstances should you admit that you are the actual seller because if they file a suit against you at court they will have to show previous correspondence and the court would demand proof from them that it is really you who was selling the item

at the same time you document your reply in case they conceal this information from court so that you could provide it later to court that you informed the plaintiff about this

since it is a civil case there is no way for them to prove that you are seller because anyone could be registered there with your details , most likely they do not even know who the ebay account is registered to but have the information from packets that you ship or from the address published on ebay in case it is a business account

this is usually done by sending a REGISTERED LETTER with TRACKING to the lawyers so that you have proof of receipt , not by EMAIL or PHONE

I did this a couple of times and the result was always the same , they did not take any further action as it would be very expensive for them since they do not have police powers to investigate anything , in the worst case scenario it may get your ebay account suspended though so keep it in mind

[Superboy23]

yes but the bank attached is mine and with dac 7 they have everything. at the end i prefer to pay those 2400 that say lies on a court

I just want to discuss about those 2400 euro for a stupid listing that i never sold i just mistaken upload. They put ebay link but doesnt work.. they charge me 300 euro x8 photos. Copyrighted

[Superboy23]

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

[murdered_by_ebay]

Originally Posted by Superboy23

yes but the bank attached is mine and with dac 7 they have everything. at the end i prefer to pay those 2400 that say lies on a court

I just want to discuss about those 2400 euro for a stupid listing that i never sold i just mistaken upload. They put ebay link but doesnt work.. they charge me 300 euro x8 photos. Copyrighted

"they" do not have anything , they are not the state. they will not allow you to just pay 2400 and forget about it but they always ask to sign a paper where you swear not to violate again under threat of a fine and from that point on they will be constantly observing you to look for violations

[Superboy23]

They i mean the government if they sue me with some civil cause so they can undestand its me after long time

by the way the link they provide on the letter by their attorneys doesnt work.. because the account doesnt exist anymore, i even dont know what the **** this product is. I didnt make an euro on this product. charging me 2,4k for 8 photos

so imho they are wasting their time and i doubt they will sue me with some civil cause for 8 ****ing useless photos of their ****ty brand

[Mr_Blue_Sky]

This scam has been discussed many times and the advice is always the same. NEVER reply, anyone who says you should is, quite frankly, an idiot.

The letter to you was not initiated by the Copyright holder. Low Grade legal firms take it upon themselves to persuade companies to allow them to be their IP police...and all free of charge too.

They subsequently fire out these letters without the knowledge of the IP holder. The demand for money is not made with their consent, it is merely a nice little earner for the lawyer if they get a sucker to respond.

And finally, if ever you were stupid enough to play along and did find yourself in court (which even the lawyers wouldn't want/allow to happen) then they would be expected under UK and EU law, and the US I suspect, to attend and quantify the loss the the copyright holder. Not happening.

They act outside the law, even sending counterfeit bogus court date papers, a judge would not only throw it out but probably tear into them - and that's why they will never let it get to court.

To repeat, the ONLY way they make any money is if you voluntarily hand it over. It ain't going to court.

[Superboy23]

I searched the owner of the copyright and its different. So your point make sense.
(They attached a Bank IBAN + name for the 2400 payment on the letter)

I'm talking with another attorney expert in copyright just to undestand better and have more say, but the matter is already clear

[vesania]

Fuk them, what are they going to do. ANother useless scare tactic most of these useless companies do nowadays.

[Superboy23]

they need to prove somehow that the account was mine, that i used their Photos for sale items, that i've done damage to their company and so on

1) The URL of the product that they put on the letter doesnt exist
2) The product wasnt sold, i didnt even remember that i've listed it onestly, was on my store for like 3 days
No evidence, and if they want to find if its me they need to sue me with some computer expertise from the government.. I suppose it cost like 10k at least lol. Find my ip, that was a proxy btw
And then the damage i did to them is so little.. not existing

[vesania]

Originally Posted by Superboy23

they need to prove somehow that the account was mine, that i used their Photos for sale items, that i've done damage to their company and so on

1) The URL of the product that they put on the letter doesnt exist
2) The product wasnt sold, i didnt even remember that i've listed it onestly, was on my store for like 3 days
No evidence, and if they want to find if its me they need to sue me with some computer expertise from the government.. I suppose it cost like 10k at least lol. Find my ip, that was a proxy btw
And then the damage i did to them is so little.. not existing

ALl those companies do is use scare tactics. You are not big fish, nor would they waste money and time going after small people.

[degsey69]

Have you checked that they are not a scam and preying on your fears?

[Superboy23]

the name of the lawyer exist, firm of lawyers have no reviews.. Any hint on how I can tell it's a scam?

[murdered_by_ebay]

Originally Posted by Superboy23

they need to prove somehow that the account was mine, that i used their Photos for sale items, that i've done damage to their company and so on

1) The URL of the product that they put on the letter doesnt exist
2) The product wasnt sold, i didnt even remember that i've listed it onestly, was on my store for like 3 days
No evidence, and if they want to find if its me they need to sue me with some computer expertise from the government.. I suppose it cost like 10k at least lol. Find my ip, that was a proxy btw
And then the damage i did to them is so little.. not existing

you make it all too complicated , if there was a way to prove it was you it would be sufficient

because the owner of copyright to images may easily demand such a compensation without further proof but if you deny it is your ebay account it is going to become a problem because this would not allow a court to make a judgement against you unless the plaintiff can provide proof it was you

[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

[rsot]

Originally Posted by Superboy23

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

Precisely hah

[yobar]

At some point, perhaps a year ago, they also wrote to me that they were also selling MK cards and I received an email to the email address I have on eBay and asked to cancel the item and send $10,320 for trademark use payments (this amount was taken from sales totals I had of the product in the year)--
analyzing that:
1- MK would never write to my email.
2.- If it were done, it would be done by a legally constituted law firm, probably from the United States.
3.- Before the two previous things happen, eBay would lower my item for 3 days, 7 days, 10 days, and then I would close my account.

My conclusion is that they are scammers who are waiting for someone to pay.

[Superboy23]

they sent me priority letter not email, email have no meaning

[solefoodbk]

Ok, my friend look at this way...

If they brought this to court how do you expect them to prove anything when as you suggested the URL doesn't exist anymore, and you never made profit on it?

I would not respond, and they will not continue to pursue you. 2,000 euros is nothing for what it costs to actually go to court, and do all these things. It also makes no sense to waste time over something that is a nonexistent issue. It is possible they bookmark your account and make sure you don't do this again in the future, however thats purely speculation.

[Karlis96]

1. You are not business company who sell wholesale.
2. Ebay is marketplace where you can sell unwanted items, used items.
3. If you legaly get this item why you can not resell it ?
4. Send them back message - print out your email with IBAN put in your ass, and shoot three times it out !!! ��