Hello Maria!

Ask a internet- lavyer about of this!
He will easily get the adress from this guy from ebay and can fight for Your rights.
When You have the original pic, it is always connected with the camera data and so on and it is easy, to show, You have the rights to that pic. It whas several times with my pics too. but i did not care.
Best regards

Odd, typically ebay is very responsive about shutting down these auctions. There is a form you can get from ebay that you fill out claiming copyright violation and send to them.....after that they have you on their list and the next time you report one it goes very fast. Ebay understands that this is copyright fraud and will take it seriously if you pursue it. Again, I will say this one more time.....you own copyright when you take the pic, you do not have to file paperwork with the Govt to have legal rights. This can be easily confirmed on the govt web site. Best of luck getting them to pay attention :o) Dan

I would definatly contact ebay on this matter as Dan points out!

Good Luck!

JoJo

Finally I received a response from auctioneersbd. Here is what he's got to say:

"I would be more than happy to take that picture off as long as I can get the proper proof.
Thanks again! God Bless!"

Unbelievable isn't it????

I did reported this to eBay and now they are asking me to fill out that form Dan mentioned. I need help on which of the "Reason Codes" I should choose.

Would this be a case of this?
4.2 Listing(s) uses unlawful copy of copyrighted image.

Maria,

Are you serious, they said that to you? I'm sure they know that isn't their picture, how in the world do they expect you to prove it?

I would agree that the code you have posted would be perfectly fitting!

Do you plan to "prove" it to them?

Josh

I almost...almost responded back to auctioneersbd.
I soooooo wanted to tell him this but just held back.

"Your conscience has the "PROPER PROOF"!!!

In part to internet safety being an individuals responsibility I often wonder why we would even post nice pics for others to use for misrepresenting there imaginary product.

Not to discourage posting pics on a public forum I would agree that posting pics that where more undesirable to a thief would not distract me in any efforts of growing. For example: I dont mind seeing a company posting pics of plants that have a way to prove the pic is there's or a water mark put in the pics with a name on the pic that are sometimes seen in this and other forums.

Legally and not in favor of the e-baying thief in suspect. Definitive proof is not at the discretion of the e mailer to demand from you as they should be able to provide definitive prof that the pics and or plants are there's as well.... as it is all you have to do is provide prof in the court room NOT TO THE THIEF is what the law requires. Keep in mind as Miranda rights clearly state there own words can and will be used against them in a court of law should you decide to bring it forward to this level however the thief in suspect needs only provide reasonable doubt.

Food for thought, if what you say they said in emailing is accurate and shown in a court room as accurate and if the pics are on your camera and the camera is in your possession and plants as well at discretion of the court are all given willingly by you to the court I HIGHLY doubt suspected thief can can provide doubt of any reason as possession is 9 tenths of the law. The final tenth is there own emailed to you deliberate mis-worded interpretation of an admission of guilt.To make it simple I can't demand you or anyone prove anything to me as this type of demand or comment alone is against the legal law.

As you opt to move forward feel admired for your courage and speaking out. May I ask that you and others consider protecting your photos by locking out ALL from Photo Bucket, water marking pics for public postings and or post the more undesirable pics ?

I, for one, have on many occasions taken a pleasurable few minutes here and there and perused through Maria's albums..as they are accessible from EBay and by just clicking on any posted pictures on a forum..so far...the same can be done with Picasa,as well as other photo storage sites.. as I'm sure you all know. Some people already do lock others out and It's sad, as I know they have lots of lovely pictures that I personally would love to see. Anyway, I would hate to think that the rest of us should suffer the consequences of someone else's thievery, (yes, I know I'm being selfish, and I also had someone use my Clown photo on Ebay, and my name was on it and they left it on..!) I mean, isn't half the joy of having this hobby being able to share our pictures with with one another? We certainly don't want to post unattractive photos on the off chance someone might steal them! Beauty may be in the spoken word, but it's also in the color photograph!! Just my opinion, I know it would be a lot of work to watermark each individual photo....but.....

Donna

Dear Maria,

I am so sorry that this has happened to you again.

I encourage you to read what I am writing to Donna (below) and take action to protect yourself.

With love and respect, Blanca

For Donna,

After carefully reading Photobucket's Terms of Use Agreement, I did make certain that all my albums are "private." I agree with you that the need to take this precaution is sad, as our purpose here is to share the beauty of our blooms. I hope that reading what led up to my action will help you to understand why I felt it was necessary to do so.

Clause 15. Protecting Copyrights and Other Intellectual Property states:

"Photobucket respects the intellectual property of others, and requires that our users do the same."

However, Clause 6. Proprietary Rights in Content on Photobucket states:

"Photobucket does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Photobucket Services. By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services. Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content). After you remove your Content from the Photobucket Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Photobucket Website you change the Content�s privacy setting to "private," we will cease any further distribution of such "private" Content outside the Photobucket Website as soon as practicable."

I am not an attorney. Yet, I found the wording of the clause pertaining to "Proprietary Rights in Content on Photobucket" disturbing. Although, I do not consider my photographs to be art or worthy of theft, I do not agree to "grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels."

Given Photobucket's Terms of Use Agreement, is it not sensible to take the precautionary measure of making one's albums private? I am interested and open to hearing divergent opinions on this complex issue, so please feel free to disagree.

Fondly, B

Hi My Favorites :)

I use Flickr and for some reason I'm sure I've read that the photos may not be used even if the photo is public... I will try to find this!

Josh

Hi Josh,

It appears that Flickr is part of Yahoo, as this is where the link ultimately led me.

Below is what I found in their terms of use, it seems very similar to Photobucket's verbiage.

Best, Blanca

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE YAHOO! SERVICES

Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Yahoo! Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo! Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo! Services and will terminate at the time you remove or Yahoo! removes such Content from the Yahoo! Services.

Hello again,

It looks like Picasa is owned by Google. Below is an excerpt from their Terms of Use.

Looks familiar...Sigh!

-B

11. Content license from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

...and here is the most salient portion from GW's Terms of Service.

-B

7. Rights in Content

By submitting content, which shall include your member name, to any "public area" of the GardenWeb Network, including, but not limited to, the forums and your personal website, exchange page and journal, you grant iVillage a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense, assign, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor or member to access, display, view, store and reproduce such content solely for personal, noncommercial use.

An average of 900 to 1,000 people come and view my album every day to find beauty and educate themselves all over the world.

I refuse and will not deprive others of the joy and inspiration they feel when they see these pictures just because of a limited few.

HE never sleeps. And HE will be the JUDGE.

If there is a will, there is a way.
Please come and view my album.
Enjoy!!!

Here is a link that might be useful: My album

Forgot to mention this.
Please check out the very first picture! ;-)

Dear Maria,

You have my sincere admiration!

Love,

Blanca

Maria,

I enjoy looking through your album, I've looked through it several times and I appreciate that you allow us to :)

(P.S. I Love The First Picture ;) )

Oh Maria,
I love the first picture! ;-)!! LOL!

I really hope you can get something done about this.
I looked at the persons feedback on ebay and it's horrible!!
Besides stealing your picture, many complaints about dead plants, mushy bulbs that the seller appartently didn't make good on.

So i'm not surprised at the behavior towards you, about the photo.

It's sad..

I sell on ebay from time to time and I really hate to see people like this.

I wish you the best!

JoJo

I find it interesting that this seller (auctioneersbd) is selling these Hippeastrum bulbs in the Ebay "Rose" category!
(Home & Garden > Yard, Garden & Outdoor Living > Flowers, Trees & Plants > Roses)
It is almost as though he is deliberately hiding his auctions from knowledgeable amaryllis/hippeastrum enthusiasts.

Jim

He does sell Roses and other plants.
Lazy? Stupid? or hiding it as you say.
JoJo

And he continues to use my picture.

Tried to contact him through eBay and he has BLOCKED me from contacting him.

His last message to me last December 15, 2010

"I am very sorry that I offended you.
God Bless

- auctioneersbd"

Here is a link that might be useful: The SIN

Maria,I just now bookmarked your beautiful photos.
Unfortunately,you are now experiencing the amount of justice you can buy.Our nation only provides a measure of justice for those not able to buy it in capital cases.You should contact E-Bay with your proof.If they won't help you, there is probably little you can do, without spending a tremendous amount of money for legal representation.
Del

Hello Maria!
Maria is that message not actually an admission of guilt from him You can handle with?
Best regards
Frank

I suspect this ebayer is directly or indirectly related to Jung Seed Co. I recently bought a Limona amaryllis from this ebayer. Got it today and the return address said Jung Seed Co, Randolph, WI. I got curious and google auctioneersbd, and this is how I found this discussion. That is why I'm posting my comment here.

At the beginning of the thread, Mariava says they'd been selling MZ bulbs. MZ is a sister company of Jung's. Notice a pattern? As you know, a number of "big" companies sell on ebay under names other than their "big", nationally recognized names. May be to avoid angering their retail sellers, or who knows why, exactly. It is not a big issue w/ me as long as the product I buy is satisfactory. But I do know it happens and not always easy to decipher the corporate riddle.

My bulb is beautiful, it was very cheap and the transaction was smooth. For that reason they deserve my positive feedback. If it turns out to be a Red Lion hippie, so what? It only cost me $4.99. I'll enjoy the bulb and make a note not to buy from them again.

Vossner,

I'm not quite sure what your point has to do with this thread of the picture being used unlawfully? That picture is copywritten to Maria and is being used without permission to sell a product, they should be ashamed of themselves and ESPECIALLY since they're a large business...

Josh

Hi Josh, it has little to do w/ using the pic. I thought it would provide a little insight as to who this seller is. I thought the extra info might be of interest to readers. If they really wanted to boycott the seller, wouldn't it help to know as much as possible about who the seller is??? He/she has managed to remain quite elusive, despite selling all over the place.

But, FWIT, while I'm sympathetic to Mariava's frustration about others using pic w/o asking first, I have never understood how one can control who can or cannot use the pic once it's on the WWW. Yes, one wants to share the beauty of the flower but not w/ everybody? How could one determine that a lil ole lady, who oohs and ahhs about the pic, isn't going to print the pic for her garage sale and sell for personal gain??? How could one identify motives once the pic is "out there"? It seems a little unrealistic to me and a source of endless frustration as one could NEVER control who uses the pic and for what motive. Whether it is this ebay seller or the hypothetical lil ole lady, neither one is selling Mariava's bulbs, they are both just trying to promote sales of their own bulbs. Only way to control is not post at all or have the most restrictive network w/ whom to share. Where's the fun in that?

All a corporation would have to say is that the pic owner, in this case, Mariava, is not a professional photographer and therefore not harmed by their using the pic. Annoying, frustrating, infuriating, YES, but w/ legal standing, I doubt it. I guess you could spend money hiring a lawyer, getting copywright, etc. etc. etc. but, correct me if I'm wrong, this totally takes the fun of the innocent act of sharing a pretty pic w/ the world.

M, you take fantastic pics and for years I've admired your love of hippies and your outstanding collection. we are lucky you share. That is way more important, than some jacka$$ abusing your generosity. Not worth another thought.

ta ta

I'm soooooooooooo tired of this!!!

If I'll worry about all of my pictures being used without my permission all over the world I'll go nuts! For real!!!

As I said...He never sleeps.
He knows who is guilty and HE knows who is innocent.
HE will be the judge....PERIOD!

Now I will go on with my life.
Happy Hippie gardening to all!!

The way I look at it is, if you don't want others to utilize your photos for monetary gain, embed a watermark, a copyright, or a name placed strategically across the photo that makes it useless to anyone who wants to hijack it for gain.

Most folks won't go through the trouble of dismantling such personalization, and will seek photos elsewhere.

It's just a shame we have to go through such lengths because of the dishonesty of some people. I suppose we can take some solace in the fact that what goes around, comes around... karma works.