We believe your action in suspending our account to be unlawful, unethical, and designed to obstruct our legal rights in enforcing our Intellectual Property Rights, and in receiving compensation for the repeated and incessant breaches of copyright by your members by using our copyright images without our permission.
You should be aware that we are members of your VeRO programme, and in an effort to protect and enforce our rights, we are obliged to make multiple daily reports of copyright abuse.
We have also advised you on numerous occasions, that it is our firm belief that you know many of your members abuse copyright, that you take insufficient steps to preempt or control this, or to educate your members sufficiently, fail to communicate clearly to infringing vendors when reported, leading to many of them repeat offending, take insufficient action against offenders, and generally act to protect your income stream by protecting and sheltering abusers, and continue to obstruct rights owners by slow removal, sometimes non-removal.
In short, it is our view that you knowingly profit from the unlawful and unethical actions of your vendors, effectively forming an implicit conspiracy with them.
W have also advised you that we will be taking legal action against you for failure to remove a number of reported IP rights infringements. We intend to bring to the attention of the court any and all examples of delay or obstruction, and own opinions as outlined above.
This latest action, account suspension, inter alia, interrupts our abilities and remedies against your offending members. We request you to reverse it without delay.
We note your rules include "Additionally, members are prohibited from bidding on or purchasing an item to disrupt or to leave non-positive Feedback or Detailed Seller Ratings for the seller, with no intention of completing the transaction.", and we believe that this is why you have suspended our account, although as usual, your communications are unclear and vague. We deny that we have bid on any items to disrupt auctions or to leave negative feedback. Any bids we have made are on the understanding that we are completely happy to buy the item(s). but that we be compensated for the unauthorised use of our images. We presume you do not intend to curtail, restrict, or obstruct our rights to do so. Would you please let us have your confirmation of this?
We do not restrict our compensation claims to the value of the goods including shipping. In most case, if the vendor agreed to this within a reasonable time, say 48 hours, and shipped the goods so that we received them also within a further reasonable time, say 7 days, we would consider our claim met.
Failure to agree to our reasonable offer, would lead us to increase the amount of compensation claimed to include punitive damages, and would necessitate us instructing lawyers to pursue the infringers, which would add very considerable costs, for for which we would hold your infringing members responsible. We would also hold you jointly and severally responsible where any action or inaction on your part assists your infringing members or obstructs or rights. We belive it in in the best interests of us, you, and your members that our rights be respected, and you should encourage your members to settle on the very reasonable terms we have offered.
eBay Copyright Thieves Just a few selected examples out of many.
Other Copyright Abuse It's not just eBayers who steal our images.
Modified 1974 Krugerrand Image As Used by eBay Member Treasureminx