Can Anyone Stop China from Ripping Us Off On Ebay?

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Here’s the problem. My wife. Partners and I make and sell digital backgrounds at: Digital Fantasy Backgrounds Voted World's Best Digital Backgrounds

These are meant for photographers to enhance their client’s portraits and in our terms and conditions we forbid anyone from using them in any way on ebay and we forbid printing our images out onto canvas, paper or vinyl for the purpose of turning them into physical backgrounds. But each week we find dozens of our backgrounds being sold on Ebay as physical backgrounds, always by Ebay members located in China.

Now if Hollywood can’t stop the Chinese from violating their copyrights what chance do I stand? These Chinese thieves all simply fax Ebay a counter claim which releases Ebay from their obligations to protect our copyrights because we can not afford to spend hours and hours each week policing ebay for violations knowing that the Chinese will always fax ebay back a counter claim. We can’t afford to pay over and over again for court actions when they will simply open up another ebay account or get one of their Billions of Cousins to open a new account for them and the process keeps repeating itself.

It cost them very little to fax a counter claim to ebay but it cost us a lot of time and money to file ineffective court actions.

Is there a way to hold Ebay itself responsible for helping them?

Each week I voice my concerns to Ebay that it’s impossible for me to file court actions against dozens of Chinese each week and ebay knows full well the game that is being played. If we win in court they operate under a new ebay ID so filing endless court actions against these thieves won’t stop the problem.

Is there any way to hold Ebay itself accountable?

Thanks,
Steve
  • You might not want to use the term "Chinamen" in your argument, mate - but I do understand how you feel - it's easy for them to skirt international copyright laws...

    It's not China per se, it's Chinese swindlers hiding in the maze of bureaucracy...they know it takes so long to make an argument against them - you'll give up.

    They even use the mail system against you - case in point: They send you a piece of junk that costs more to return for a refund than the item is worth. Even if you do it takes forever to validate.

    They use the eBay guidelines to their benefit, because it can take months to resolve in proper channels. The real irony is, unless they have a thousand complaints against them, eBay will wait for the seller to resolve the dispute, because the don't want to CYA on their buyer protection.

    Protecting digital property is tough, and costly to do.

    And eBay has an obligation to protect your copyrights - but currently the only security they have is inundated by this very thing. Like any other service company, it costs them more to fix the problem than it does to oil the occasional squeaky wheel.
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    • Profile picture of the author Daedalus
      Originally Posted by MoneyMagnetMagnate View Post

      It's not China per se, it's Chinese swindlers hiding in the maze of bureaucracy...they know it takes so long to make an argument against them - you'll give up.
      Well said. Basically, they are counting on the fact that it will cost you more to sue them then what you could potentially get
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      • Profile picture of the author seasoned
        Originally Posted by Domsa View Post

        Well said. Basically, they are counting on the fact that it will cost you more to sue them then what you could potentially get
        The premise was wrong. It IS china! You see, a bunch of countries decided to have reciprocal laws. One country that WASN'T there was CHINA!

        Steve
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  • Profile picture of the author seasoned
    China is an area that honors almost NOTHING! I wish you luck. If you want to stop it, your best bet might be..... and I don't know if this has *******EVER******* been done, but I would think it is legally possible...... Your BEST bet might be to get a LOT of people that, like you, are sick and tired of this garbage. You may even talk to microsofts lawyers about this, as THEY might be interested, and file a CLASS ACTION case!

    Try defending YOUR stuff? GOOD LUCK!
    Try getting EBAY to stop? GOOD LUCK!

    Maybe file a class action lawsuit that says that china has a LONG history of copyright infringment and scamming, and is immune to prosecution, and that, therefore, to sell ANYTHING from there is tantamount to CONDONING it! And have Ebay stop selling ANY of it! THEN, if they try to sell, ebay would just say FORGET IT! THEY would then have to sell from someplace else. If they sell from a place like Japan, they ARE breaking the law, and may be prosecuted.

    Steve
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  • Profile picture of the author Silas Hart
    You would essentially have to go after eBay.
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