Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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ok. not sure what to do.
i advertised something on a ebay a few weeks back that lets say... infringed copyright laws.
None the less, ebay was asked to remove it, they did.
Now ive got a letter come through from a solicter saying they want to take me to court 
Anyone have any ideas lol
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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PMSL What were you trying to sell???
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sukhwant
Member
Registered: 8th Sep 04
Location: Leeds
User status: Offline
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wat was u sellin? any u got any more?
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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well lol, it was one of them dummies books.
e.g. excell for dummies etc...
but an electronic copy.
i didnt actually sell any.
ffs, i dont need this
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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What does the letter say???
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Ally
Member
Registered: 2nd Jul 03
Location: Pontypool Drives: a Skoda
User status: Offline
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Play dumb, and apologise, say you didnt mean to break any laws, you didnt sell anything anyway.
Sounds like Ebay is wasting time and money
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K2 GTi
Member
Registered: 21st Oct 04
User status: Offline
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quote:
Originally posted by Ally
Play dumb, and apologise, say you didnt mean to break any laws, you didnt sell anything anyway.
Sounds like Ebay is wasting time and money
Don't think its Ebay taking him court?
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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i dont think this letter came from ebay.
i think it came from the dummy people as they've asked Ebay to remove my item.
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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i aint seen the letter yet, i will see it when i get to my mums later.
Its from a soliciter
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K2 GTi
Member
Registered: 21st Oct 04
User status: Offline
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quote:
Originally posted by Bart
i dont think this letter came from ebay.
i think it came from the dummy people as they've asked Ebay to remove my item.
Did Microsoft make them books?
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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doubt it very much.
the book i was selling was sex for dummies 
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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now whos the fucking dummy
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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If there actually taking you to court then I think what you need to do is get yourself a lawyer and plead guilty through stupidity......its against the law to try to sell unlicensed coppied material even if it didnt sell you were caught selling it!
[Edited on 03-05-2005 by Colin]
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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--Dave--
Banned
Registered: 17th Feb 04
Location: Essssseeeeex Drives: Black Supra TT
User status: Offline
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gutted mate < that's all I can honestly say
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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If they wish to try take you to court and screw you then there well within there rights to do so.......Id suspect they just sent a strong worded letter to put you off trying to sell there product name in future......dunno until you know what the letter actually says tho
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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yeah, i will post the letter on here.
if its not too bad i will just return a very apologetic letter and plead ignorant.
just mention that i am a new ebay member (that account is anyway) and that i didnt not fully understand the copyright issues.
If they wish to check with ebay my previous sells/purchases they will see that nothing is breaking any other rules.
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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think i might be lucky, they are just asking questions / profits (probably mine?).
i will post it tomorrow.
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barts_girlfriend
Member
Registered: 9th Mar 04
User status: Offline
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told u it wouldnt be 2 bad!! ur a worrier!
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Richie
Member
Registered: 3rd Dec 02
Location: Newport, Wales
User status: Offline
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they will take you to court and will attemp to fine you.
Software manufacturers check out ebay all the time for copyrighted stuff. Microsoft are the only company i think that dont check.
Infomap Navigator from Directions LTD is one of the main ones, even when there are original copies for sale on ebay the company always asks the seller if its legitamate
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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well, i have gotten off lightly i think.
I have to sign a form:
o Promising to be a good boy for the rest of my life
o Tell them of all transactions where i sold or passed the goods on,
o Tell them where i got it from
o Pay for soliciter fee's and any money made from selling the item. (it did not sell so i just pay £50).
But all this has to be signed and sent back within 7 days of the date on the letter which is 25th April.
Its taken 8 days for it to arrive!
so ive sent this email to them:
**@wiley.com
FAO: **
John Wiley & Sons Inc
04/05/05
Ref: RE: Sex For Dummies (the “works”)
Dear Mr **,
With reference to the above letter, I have just received in the post this morning (03/05/05).
It has taken the letter more than seven days to arrive to the address below, as to which I can only assume the bank holiday has played a key role in.
In the view of this information I ask that the time be extend in which to return the letter signed.
I can how ever provide the signed letter by email, addressing the points mentioned (in the returning letter) within the next 24 hours.
If the signed letter by email is not adequate enough then I shall endeavour to send the original letter out as soon as I hear back from this email.
I can only hope that you take into consideration the time in which it has taken the letter to arrive in.
I look forward to hearing back from you.
Regards
Adam Venn
adam.venn@bridgesltd.co.uk
8 Pine Walk
Radstock
Bath
BA3 3TQ
Watcha reckon guys? think he'll like it?
[Edited on 04-05-2005 by Bart]
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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I think hes going to bum you
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Bart
Member
Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
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oh, here are my conditions, let me know if you think ive said it all correctly:
Ref: RE: Sex For Dummies (the “works”)
Addressing the points in the returning letter:
1. To immediately cease copying, distributing, offering for sale and selling (via any form of media) unauthorized copies of the work and any other works published by John Wiley & Sons, Inc and its related companies (“Wiley”), (“Wiley Works”).
I Agree
2. To provide you with full details of my current stock(s) of infringing copies of the Works and any other infringing copies of other Wiley Works, any orders pending and the quantities of infringing copes of the Works and any other infringing copies of other Wiley Works sold by me to date with details of sale prices within 7 days of this letter.
1 No electronic copy of “Sex For Dummies”.
This item has not been sold, shared or copied.
Ebay should be able to clarify that no copies of this item has been sold (or any item that has been produced or represented by Wiley and/or Wiley Works), the item was removed before any bids/transactions were made.
3. To provide you with all information I have on others who may be participating in the sale or distribution of infringing copies of the Work and/or infringing copies Wiley Works from other parties.
This item was first mistakenly downloaded from a program called eXeem (http://www.exeem.com), a program commonly used for sharing pictures and sound files.
It is impossible for me to state who originally supplied this document and also who may be sharing it at this time.
4. 4. To provide you with full details of any transactions involving purchases by me of infringing copies of the Work and/or infringing copies Wiley Works.
As mentioned above (2), no copies of this document has been sold or shared.
Ebay can defiantly clarify this.
5. To deliver up within 7 days of the date of this letter all infringing copies of the works, and any other infringing Wiley Works, if any, which are in my possession and/or under my control, along with a copy of this letter to: The Legal Department, John Wiley & Sons inc, Attn: Patrick Murphy, 111 River Street, Mail Stop 3-05, Hoboken, NJ 07030, USA.
The late arrival of the letter has made this impossible to comply with. I have received the letter on the morning of 03/05/05 and I have endeavored to make contact and reply to this letter as soon as it’s arrived. (Ref: Email Sent 05/05/05 – pmurphy@wiley.com). The electronic document can either be posted by email, copied to CD and posted or permanently deleted (I trust this will be sufficient).
6. To pay Wiley all revenues received by or due to me from the sale by me of the Works and any other Wiley Works together with the sum of £50.00 for legal costs incurred to date, within 14 days of receiving written notification from Wiley.
I Agree.
7. Not to knowingly infringe Wiley’s copyright or trademark rights in the future and to promptly inform Wiley of any suspected unauthorized copying of any Wiley Works.
I Agree.
8, To keep the contents of this letter confidential and not to disclose the same to any third party other than my professional advisors or as required by law.
I Agree.
Regards
Adam Venn
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