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  1. #1
    Westin is offline Junior Member
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    3rd party copyright infringement?

    What is the name of your state? IL

    a few weeks ago I bought learning material on ebay I viewed it and put it back on for auction this week. I got an email from the copyright holder of the material:
    ____________________________________________________________

    This message is from ******** (**), owner of the trademarks "******". You are using an ** trademark in an auction. If your materials are not ** materials, please note that it is a criminal offense to use the ** trademarks to promote your materials. If you believe your materials are original, please note that many ****** materials purchased used are copies, and to sell copies is a criminal offense, regardless of whether you made the copy and regardless of whether you were aware that it was a copy. If you are 100% certain your materials are original ** materials than you will need to submit a copy of the original sales receipts via fax (***)-***-**** or email us for: eBay item #*********** "************ ". If proof of original purchase is not given, than a suspension from ebay as well as a criminal investigation will be processed.

    _______________________________________________________
    Like I stated I bought the material from ebay 3 weeks prior to putting it back on for auction after I was done with it. I emailed him back and told him I do not know if they are copies. I also took down the auction right away. I still have the tapes. I also have information of the guy who sold me the tapes. What should I do from here? What does he mean by criminal investigation?
    Kind regards, westin
  2. #2
    BelizeBreeze is offline Senior Member
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    Like I stated I bought the material from ebay 3 weeks prior to putting it back on for auction after I was done with it.
    And what do you mean by this statement? What did you "DO" with the materials?
  3. #3
    Westin is offline Junior Member
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    Quote Originally Posted by BelizeBreeze
    And what do you mean by this statement? What did you "DO" with the materials?
    I "viewed them". Sorry I was not specific.
  4. #4
    BelizeBreeze is offline Senior Member
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    O.K. maybe I'm not being clear. WHAT were the materials, are they copyrighted and how did you VIEW them?
  5. #5
    Westin is offline Junior Member
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    Quote Originally Posted by BelizeBreeze
    O.K. maybe I'm not being clear. WHAT were the materials, are they copyrighted and how did you VIEW them?
    They were vhs tapes. They are copyrighted. After I viewed them I wanted to resell it. I do not know if they are copies. It does have the word "copyright" on the tapes label.
  6. #6
    BelizeBreeze is offline Senior Member
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    Then I suggest you use this as a lesson. Keep them off of the internet and sell them locally.
  7. #7
    Westin is offline Junior Member
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    Quote Originally Posted by BelizeBreeze
    Then I suggest you use this as a lesson. Keep them off of the internet and sell them locally.
    Belize, believe me I will. What about the current situation. Can I go to jail or get sued?
    btw I thank you for even looking at my post let alone chatting with me.
  8. #8
    Westin is offline Junior Member
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    Can someone please give me advice?
  9. #9
    divgradcurl is offline Senior Member
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    Can I go to jail
    Extremely unlikely. Although there are criminal penalties for copyright infringement in the statutes, they are limited to situations where there is fairly large-scale, willful pirating. It is very, very unlikely that a single incidence of piracy, even if willful, would be enough to raise the possibility of a criminal sanction for infringement -- and even if the dollar value were high enough, proving willfullness is a pretty high standard. Don't worry about it.

    or get sued
    Now, being sued under the civil sanctions for infringement is a definite possibility -- but you'll just have to wait and see what they do. If they do sue you, they'll need to do it in your state, so if they are located in another state, it may not be worth it to them -- but if they do, then you'll need to see a lawyer.

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