jan_andrea: (exist)
Jan Heirtzler ([personal profile] jan_andrea) wrote2007-07-09 11:53 am

What is it that makes people so STOOPID?

I got an email from a kind reader of my site, saying that she'd bought a pattern for a diaper and wipes case on eBay, then stumbled on my site and found that the PDF she'd been sent by the eBay seller was a word-for-word, pictures included, copy of my pattern. Here's the listing. She even used MY PICTURE in the listing!!

WTF?

I'm filing an intellectual property infringement with eBay, but still. Who in their right mind pulls this kind of stunt? It's not like I haven't *very clearly* spelled out my copyrights on the page, and made it abundantly clear that the pattern is for personal use only. I mean, it's one thing to use the pattern to sell items made from it (and a lot of people do, despite the text on the page), but to copy the pattern itself and *sell it*?!? WFT?!?!?!

I am writing this to the seller:

I was alerted to this listing by an unfortunate buyer who then stumbled upon my pages  in a search for sling sewing directions. (If my user name doesn't make it clear, I am Jan Andrea, owner of www.sleepingbaby.net)

I must admit, I'm pretty stunned. This listing is such a blatant violation of my intellectual property rights. I don't even know where to begin with what was wrong with your selling *my* pattern as your "original" design, right down to using my photo in your listing!

I'm glad you've ended the listing (hopefully you had a change of heart and realized how wrong this was), but at the very least, I expect you to refund the two buyers' payments. I will be writing to the first buyer to alert her to the fraud. The second wrote to me, so she is aware of it already, and I will advise her to seek a refund. The pattern is *free* and was never, ever yours to sell.

I will be pursuing a VeRO with eBay. I hope that in the future, you will think many, many times before you decide to steal someone else's intellectual property for your own financial gains.
I should be far more harsh, but what the hell. I really am stunned.

[identity profile] sandramort.livejournal.com 2007-07-09 03:57 pm (UTC)(link)
I don't have the time to look around in her archives, but I'd swear http://mayna.livejournal.com/ had this happen on ebay, too.

[identity profile] jan-andrea.livejournal.com 2007-07-09 04:04 pm (UTC)(link)
Wow, yeah, and just last month, too.

People really are stupid. And mean :(

[identity profile] tahoebean.livejournal.com 2007-07-09 04:11 pm (UTC)(link)
I can't believe she didn't even make her own, so she could get her own photo. WTF?!

[identity profile] jan-andrea.livejournal.com 2007-07-09 04:23 pm (UTC)(link)
I know :P So tacky.

AND she'd posted them with this:

"Whether you are looking to make a profit or just for fun this is the easiest way to jump on board!

Each case can retail anywhere from $9- $40!"

So not only is she selling my free pattern illegally, she's also encouraging others to use copyrighted material to make money!

There's no underestimating the sheer power of human cupidity and stupidity.

[identity profile] rudbekia.livejournal.com 2007-07-09 04:18 pm (UTC)(link)
Something like this happened last year with knitting patterns. A seller was selling PDF collections of items that were freely available elsewhere and had copyright statements all over them. Read about that here, here, and here.

[identity profile] jan-andrea.livejournal.com 2007-07-09 04:22 pm (UTC)(link)
Wow, that's horrible! All those people's patterns... unreal.

[identity profile] andreaq.livejournal.com 2007-07-09 05:02 pm (UTC)(link)
I am impressed by how civil you were able to keep your letter to the seller. Very professional of you! I recently started selling on Etsy and I cannot believe how many people are clueless about copyright.

[identity profile] jan-andrea.livejournal.com 2007-07-09 08:01 pm (UTC)(link)
Thanks... it's really unreal, isn't it? I don't know what else to do on my site; every page has a creative commons license. I wish I could put a pop-up or something on it when the page was printed or saved or something, to have some control. It's depressing sometimes.

[identity profile] lissie930.livejournal.com 2007-07-09 05:03 pm (UTC)(link)
Unbelievable. The things people think are okay to do (small to large) just amaze me sometimes. Not that I'm perfect, far from it, but at least I *try* to be a decent, honest, ethical person, you know?

[identity profile] jan-andrea.livejournal.com 2007-07-09 08:02 pm (UTC)(link)
I know... I feel the same way. Definitely not perfect, but jeez, if you're going to do something *so* blatant, at least take your own picture, you know? :lol:

[identity profile] lemmings-world.livejournal.com 2007-07-09 05:19 pm (UTC)(link)
The mind reels, seriously. I can't imagine what goes through some people's brains to think that this type of thing is alright. I hope that the 'seller' does refund everyone and, as Great-Grandma would say, 'pull their head out'.

Sheesh, WTF indeed! :(

[identity profile] jan-andrea.livejournal.com 2007-07-09 08:03 pm (UTC)(link)
Yep. I'm somewhat comforted that she ended the listing early; maybe she had second thoughts. But she'd darn well better refund the two buyers!

[identity profile] joy-disaster.livejournal.com 2007-07-09 05:32 pm (UTC)(link)
A lot of a-holes are doing this, selling knitty.com patterns even! You must be livid! eBay will kick this user off. This is absolutely unacceptable.

[identity profile] jan-andrea.livejournal.com 2007-07-09 08:04 pm (UTC)(link)
I just don't get that. Do they really think they won't be caught?! It's baffling.

[identity profile] justsurvive.livejournal.com 2007-07-10 06:33 am (UTC)(link)
omg. that bitch. seriously WTF.

brand your images with your domain

(Anonymous) 2007-07-10 05:54 pm (UTC)(link)

25-50% transparent text of your domain on the image is enough to protect your property from most of the ebay bottom feeders.

Re: brand your images with your domain

[identity profile] jan-andrea.livejournal.com 2007-07-10 06:05 pm (UTC)(link)
She hadn't hotlinked the images, unfortunately, but that is a good idea. Not much to stop people from cropping the url off, though, unless it's right in the middle... and if it's in the middle, it'll be harder for people who are using the directions for sewing to follow, I would think. But I'll try it when I get a chance :)