Sellers who infringed upon copyrights; reported.
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Post Posted: Fri Jun 17, 2005 10:36 am 
 

yaya wrote:Whoa guys! Gartner may misinformed but you don't need to slap the man down for simply voicing concerns. Simply point out the error (as bclarkie so eloquently did) and go on. I swear, someone violates copyright laws and infringes trademarks and you guys go nuts! :wink: I mean really, next thing you know you guys'll be going after thieves. Woops, too late JonB!

Gartner only cropped up on this board after he was flushed out for doing the same thing. He is in the business of defending these people because he is also in the business of selling PDFs.

Its not a case of going nuts. It would be far more honest to say 'I offer a product for which people are willing to pay, so clearly there is a market. If there were an issue with copyright, and the copyright holder contacted me I would stop, but until that happens I will continue to supply the market with good quality PDFs'. That would be a stronget point to make than trying to claim non-existant high ground.

A third party action against a copyright infringer is doomed to failure, as the claimant cannot prove that he has been wronged. In the worst case, the defendant could prove that the both WoTC and eBay were aware of his activities and took no action, and therefore, as they were the copyright owner and the sales agent, they were condoning the activity.


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Post Posted: Fri Jun 17, 2005 12:47 pm 
 

I stand corrected.

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Post Posted: Fri Jun 17, 2005 2:51 pm 
 

Actually you can use trademark names, depending on how you use them.
For example:
This character sheet is designed for use with Forgotten Realms.
Or
This OGC material was originally found in the Players Handbook.
Would be legal examples. And in the copy of the ad that I posted, I don't see any Trademark violation.

The ad that is posted above, with more material is in violation of WOTC copyrights, but it is not the ad that I seen or was referring to.

Complaining to Ebay or to the person posting an ad is a waste of time.  Ebay is not legally responsible to remove an ad unless the copyright holder properly informs them.  It is the responsibility of the copyright holder to defend their copyrights, not that of a third party.  If the above ad with the additional listing is true, then it's WOTC responsibility to defend themselves, by having Ebay remove the ad. And to pursue any legal matter against the individual.  Then if Ebay refuses to remove the ad, then yes they would be responsible.  I highly doubt that Ebay is blatantly disregarding WOTC and allowing this to continue.  It would be foolish for them to risk a multi-million dollar law suit over the few pennies that they are making from this auction.

  


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Post Posted: Fri Jun 17, 2005 3:03 pm 
 

gauntner666 wrote:Actually you can use trademark names, depending on how you use them.
For example:
This character sheet is designed for use with Forgotten Realms.
Or
This OGC material was originally found in the Players Handbook.
Would be legal examples. And in the copy of the ad that I posted, I don't see any Trademark violation.

The ad that is posted above, with more material is in violation of WOTC copyrights, but it is not the ad that I seen or was referring to.

Complaining to Ebay or to the person posting an ad is a waste of time. Ebay is not legally responsible to remove an ad unless the copyright holder properly informs them. It is the responsibility of the copyright holder to defend their copyrights, not that of a third party. If the above ad with the additional listing is true, then it's WOTC responsibility to defend themselves, by having Ebay remove the ad. And to pursue any legal matter against the individual. Then if Ebay refuses to remove the ad, then yes they would be responsible. I highly doubt that Ebay is blatantly disregarding WOTC and allowing this to continue. It would be foolish for them to risk a multi-million dollar law suit over the few pennies that they are making from this auction.


You just proved my point in your last statement. The auction listing once again says:
Almost every feat from the entire D&D 3 edition and 3.5 books are on the CD (Oriental Adventures, Players Handbook, Sword and Fist, Masters of the Wild, Song and Silence, Defenders of the faith, Tome and Blood, Savage Species and MORE)


His auction listing clearly states that these items are FROM these books listed, thus he IS infinging on copyright. Also, YOU CAN NOT CREATE MATERIAL USING TRADEMARKED NAMES UNLESS YOU GET EXPRESSED WRITTEN CONSENT FROM WIZARDS OF THE COAST. Read their own rules of use. Sooner or later just like the music/movie file sharers out there, you folks will get yours too. :lol: I am done with this conversation so called self-proclaimed "large collector" :roll:


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Post Posted: Fri Jun 17, 2005 3:26 pm 
 

mbassoc2003 to corect you one it's Gauntner. and two I was not found in any infringement for saleing PDF's I only have the SRD on my cd nothing else from wizards.  What WOTC asked me to do was to remove the Dungeons and Dragons logo from my ad's, which I did,  and that was it.  It had nothing to do with the content of the cd, because the content is legal.

  


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Post Posted: Fri Jun 17, 2005 3:29 pm 
 

bclarkie  Not if the material is OGC, read the OGL on wizards page.  

And without having an actual copy of the cd, I can't honestly tell you if what's on the cd is legal or not, I was only going by the ad.

  

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Post Posted: Fri Jun 17, 2005 3:50 pm 
 

Gauntner,
Apparently you didn't read the OGL yourself.  

1) It allows you create new content using the d20 system.  It does not allow you to take anyone else's content and sell it yourself.  

2) And I was under the impression it only coverd D20 stuff.  And the last  time I looked, 1st & 2nd Ed AD&D were not d20 items.

Posting your own character sheets is fine in most cases.  Posting the text of the feats and skills of any published book, OGL or not, is a copyright violation.

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Post Posted: Fri Jun 17, 2005 3:57 pm 
 

Um.

While I'd be hopelessly out of my depth arguing about copyright and trademark laws, I'm not so far out when it comes to Ebay's rules.

Rather than going to WotC, I prefer to point out to Ebay that Zabe73 (for instance) is keyword spamming. It may not be as complete as a court victory, but it may (or may not) get the point across faster that he's doing something wrong.

Also, if I remember right, doesn't Ebay forbid the inclusion of an informational compilation as a bonus item? And have supposedly strict rules about recordable media?

  


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Post Posted: Fri Jun 17, 2005 4:05 pm 
 

Mortdred wrote:Um.

While I'd be hopelessly out of my depth arguing about copyright and trademark laws, I'm not so far out when it comes to Ebay's rules.

Rather than going to WotC, I prefer to point out to Ebay that Zabe73 (for instance) is keyword spamming. It may not be as complete as a court victory, but it may (or may not) get the point across faster that he's doing something wrong.

Also, if I remember right, doesn't Ebay forbid the inclusion of an informational compilation as a bonus item? And have supposedly strict rules about recordable media?


I have reported Zabe73 for copyright infringement, keyword spamming, improper outside links, and just about everything that he is in violation of. So far, the only thing that worked was when I busted him for shilling(yes shilling), which of course only got him temporarily suspended as a 1st time offender and now he is back again selling his sh*t. Such a wonderful member of the Ebay community, I swear the guy must know someone who works for Ebay :roll:


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Post Posted: Fri Jun 17, 2005 6:32 pm 
 

Considering they just fuked me, and Zabe has been going for ages, I agree. They disgust me.

Garter, it is not the copyright holder's onus to defend the copyright. What you're saying is the same as this scenario:

100 people are on your property. One of them is selling drugs, and you know about it. You are not responsible, nor are you required to take steps to prevent it, because even though selling drugs is illegal, it is the job of the police to deal with offenders.

When eBay provides a venue, they are responsible for EVERY ACTION that their customers perform. If illegal activity is going on, they need to take steps to PREVENT it. It's pretty simple. Like you.


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Post Posted: Fri Jun 17, 2005 11:29 pm 
 

gauntner666 wrote:bclarkie Not if the material is OGC, read the OGL on wizards page.

And without having an actual copy of the cd, I can't honestly tell you if what's on the cd is legal or not, I was only going by the ad.


I think our new "friend" gaunter666 knows more about our old "friend" Zabe73's CDs than he is letting on. SOOOOOOOOOOOOOOOO Gaunter, once again I catch you in a lie:

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 5200391122

Oh wait, let me guess, this time Zabe forgot to send you the illegal CD. Or wait, did your girlfriend buy this for you too and you didn't know about it. Yea, Yea thats it, it as a birthday present for you and I feckin ruined the surprise for you right. :roll: Please, if you are going to steal and then also try to lie about it, you better do a MUCH better job of covering it up. Then again, maybe you should just save yourself from wasting your time altogether here, because it clearly isn't working. Seriously, how many more times are you going to lie? How many more times are you going to steal from WotC? I am so looking forward to all of you getting your asses sued back to the stone age for this. Its coming, believe me its coming...............


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Post Posted: Sat Jun 18, 2005 12:28 am 
 

Yaya

Gauntner,
Apparently you didn't read the OGL yourself.  

Im very aware of the contents of the OGL, apparently you didn't read the section on OGC or if you had any questions contact wizards.

1) It allows you create new content using the d20 system.  It does not allow you to take anyone else's content and sell it yourself.  
I never said it did.  WOTC for whatever reasons releases portions of its material for use.  For example almost the entire Players Handbook is OGC, the Monster Manual 1 other than I think 9 monsters, Eye of Bolder being one of them, is OGC.  You can use this material within your own creations for sale and distribution.  Some skills, feats, spells and so on from various wizards publications are also OGC.  Im not going to argue this anymore, just simply ask wizards.

2) And I was under the impression it only coverd D20 stuff.  And the last  time I looked, 1st & 2nd Ed AD&D were not d20 items.
I never said anything about 1st or 2nd edition material; I was only talking about 3.5 and what's OGC


Deadlord36

100 people are on your property. One of them is selling drugs, and you know about it. You are not responsible, nor are you required to take steps to prevent it, because even though selling drugs is illegal, it is the job of the police to deal with offenders.

Yes, you just proved my point. (The 100 people would be ebay members, the one selling drugs the copyright violator, the one that owns the property Ebay, and the police the copyright holder.)

It's the job of the copyright holder to defend his or her own copyrights, through use of proper legal procedure, which I explained before.

All you have to do is go to your local bookstore and pick up a copy of  "Copyrights for Dummies"

No Im not entirely insulting you, the book does exist.

  


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Post Posted: Sat Jun 18, 2005 12:44 am 
 

gauntner666 wrote: Im not going to argue this anymore,


Does this mean we don't have to listen to anymore lies?  Yea!!!!


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Post Posted: Sat Jun 18, 2005 12:48 am 
 

I'm not sure I follow that:  so the copyright holders of "Patents, Copyrights & Trademarks for Dummies" (the actual title) are the police?   :?

  


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Post Posted: Sat Jun 18, 2005 1:19 am 
 

Xaxaxe wrote:Seriously, anyone with an extra five minutes at lunch-break today needs to report this guy. Selling SEVENTY D&D e-books is just offensive.

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... gory=44114


I hesitate to get too excited, but it appears there might be some justice in the world: the listing for the 70 WOTC hardbacks comes up as "invalid item" now. Woot!

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Post Posted: Sat Jun 18, 2005 3:38 am 
 

According to the seller this is being sold with the original receipt:
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5210091070

However, they seem to have already sold the same downloads several times already.
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5208607560
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5209205318
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5209683809

  


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Post Posted: Sat Jun 18, 2005 9:34 am 
 

johnhuck wrote:According to the seller this is being sold with the original receipt:
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5210091070

However, they seem to have already sold the same downloads several times already.
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5208607560
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5209205318
http://cgi.ebay.co.uk/ws/eBayISAPI.dll? ... 5209683809


I have actually reported that guy before and they did nothing, but hell I report him again. Lets see if they do anything this time. :roll:


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Post Posted: Sat Jun 18, 2005 1:11 pm 
 

So Gaytner has been ferreted out. Good job, Clarkster!
Is anyone else amazed at how stupid people can be? Once again, a simple bidding trail exposes fraud.


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Post Posted: Sun Jun 19, 2005 2:06 pm 
 

In case this guys hasn't been noticed yet:
http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 53122&rd=1


Allan Grohe ([email protected])
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Post Posted: Sun Jun 19, 2005 3:57 pm 
 

grodog wrote:In case this guys hasn't been noticed yet:
http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 53122&rd=1


i think even with ppl trying to offer zabe73 support, this has put the matter beyond doubt that it is breach of copyright.  :roll:

Al



  
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