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SlipperFan

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Actually, it's the same photo, different auction. The first one is closed, but of course my photo is still there.

I wrote again to eBay -- they seem to be very slow in doing anything -- still no response from the form I sent in. Seems to me they are favoring their vendors, not people like us who they steal from. Their bottom line, I guess.

I also wrote again to Joe. Not that I expect anything from him!

Thanks for the heads-up, Candace.
 

Hien

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All they have to do is ask for the permission to use the photos.
It would be nicer & better for their reputation. I am sure you would not mind had they ask first.
 

kentuckiense

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I was under the impression that last time this happened, JKorchids apologized and claimed it was the fault of someone on his staff and the problem would be corrected. I guess that didn't mean much.
 

SlipperFan

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I was under the impression that last time this happened, JKorchids apologized and claimed it was the fault of someone on his staff and the problem would be corrected. I guess that didn't mean much.
Yes. That is exactly what happened. The really puzzling thing for me is that I've purchased many plants from Joe at several different shows in the past. I thought we had a good relationship.

As for just asking for permission, there would have to be something more. An acknowledgement that the photo was taken by me for Porter's Orchids, some form of payment or trade (like use of photo for a plant) would be fair. After all, the photo was taken from a commercial site, and used for commercial purposes by someone not associated with the photo's origins. That is just plain wrong.
 

TheLorax

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Given what you've said above, I think this is flat out scummy... but then again I have now seen the photo and that's professional quality. No wonder why he wants to use it- it sells plants for him. I wonder what will happen when somebody buys their plants and doesn't get flowers that look like yours in the photo?

Why don't you call eBay on the phone. I've done it before over a seller trying to play games and I had phenomenal results- the whole listing was pulled in all of about 1 hour. They most assuredly do favor their sellers but they are a business and don't want to end up in messy litigation- litigation costs $$$. Also too, if you have an e-mail address to eBay, send them a second request and consider using this service when you do-
http://www.readnotify.com/
Matter of fact, if you've got this seller's e-mail address, why don't you consider CC'ing him utilizing ReadNotify too?

Claiming his employee used the photo is lame, he's the employer and is ultimately responsible for most acts of an employee.

In many states, ReadNotify's certification of delivery is acceptable to the courts. Sending them an e-mail correspondence that is certified and adding comments to the effect that "this is the second time you have made eBay aware that the photo in their seller's listings are being used without your knowledge and consent and that you would like to see your photos removed from the listing to avoid this situation escalating to yet another level" might get eBay's attention.

While you're at it, you probably should seriously consider sending this guy a written request to stop using your photos via common carrier. Include that this is not the first time he has used your photos to sell his plants and that you want it to stop. If he has a fax machine, fax your correspondence to him too and definitely send it to him certified mail also where only he can sign for it. If he refuses to sign for it, no biggie. Just hang onto the return receipt that will have the word "refused" written on it. At the bottom of your correspondence to him CC like this-
CC: common carrier (regular USPS mail)
fax (include the fax number)
certified mail
your attorney
eBay

Next time he uses one of your photos, you can contact eBay via e-mail (using ReadNotify) and tell them this is repeated and habitual by providing them with copies of your correspondences and maybe that will expedite the process of getting your photos removed from his listings.

Use certified delivery for mail and e-mail. You will be creating a paper trail.

What's really sad about this whole situation is that you strike me as being totally sincere. A plant in exchange for the use of your photo is totally reasonable because I don't think there is any way that guy could get a photo of that quality without contracting someone to take the photo and that would cost at least a couple hundred dollars. Professional photographers aren't cheap for a reason. I feel really bad for you.
 

Candace

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Thanks for posting the link Lauren. I'll have to check it out. I had no idea something like that existed.
 

TheLorax

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I should add that eBay certainly doesn't make it easy to contact them. I had to track down their registered agent and went from there. I found them to be downright obstructive the way they buried the personal contact information back a few years ago when I needed it. Now I see the information has been made available by some benevolent person who evidently had to jump through quite a few hoops like me to get contact information to be able to reach a heart beat as opposed to using their web mail contact... which they do not always reply to in a timely fashion or in your case, they'd probably respond after his auction is complete.

Here you go SlipperFan-

USA
1-800-322-9266
1-888-749-3229
1-800-717-3229
I had a direct line that was not toll free that got me beyond all the telephone prompts and straight to the department I wanted to get to but can't find it to share with you. I do recall the prefix was 408 though.

eBay Hours: 7:30AM to 5:30PM Pacific Time

Customer Service:

URL: http://pages.ebay.com/help/basics/select-support.htm

Mail:
2145 Hamilton Ave.#350
San Jose CA 95125

FAX: 408-376-6554

Main Office: 1-408-558-7400

eBay VeRO Violations & Questions
VeRO Number 801-545-1724
VeRO Fax Number 408-516-8811

Address:
ATTN: VeRO Program
2145 Hamilton Ave
San Jose, CA 95125

More VeRO info -
http://pages.ebay.com/help/community/vero-aboutme.html

Trust & Sadety & Fraud Dept

eBayTrust and Safety Department
408-376-5472

Fraud Protection Program
Attn: Claims Administration Dept.
P.O. Box 188
Draper, Utah 84020

Fraud Dept Phone Number in Utah
801-545-2382

Media Relations:
Hani Durzy
408-558-7458

Half.Com
2145 Hamilton Ave
San Jose, CA 95125
1-800-545-9857

Wanna contact PayPal, here ya go-

PayPal Customer Service agents are available to help you during the following times:

4:00 AM PDT to 10:00 PM PDT Monday through Friday
6:00 AM PDT to 8:00 PM PDT on Saturday and Sunday

PayPal will verify the following information with the account holder before they discuss any specifics about the account. Please have this information available when you call:

The telephone number listed on your account
The last 4 digits of your credit card or bank account registered with PayPal
Phone Number: 1-402-935-2050 (a U.S. telephone number)
 

SlipperFan

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Wow, you've got it all! Thanks -- I'm keeping all this info for future reference.

Actually, eBay emailed me this afternoon that they pulled the photos. And indeed, they did.

I put up an "About Me" page, as eBay suggested. I also have the NOCI form via email from them, should I need it in the future. EBay's response seemed really slow at first, but once the ball started rolling, it was resolved fairly quicky.

I can't help wondering what Joe is thinking...
 

SlipperFan

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Curious, what does an about me page do or hope to do?
I think it gives you legitimacy in the eyes of eBay and their vendors. In the email they sent me, they said that they will point the offending vendor to your about me page (as well as take other actions). It doesn't cost anything to set up except a little time, but it was pretty simple to do.
 

e-spice

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J&K has been doing this practice for years.

I had a horrible experience buying some plants from this vendor about five years ago. I'll never buy another thing from them again.

e-spice
 

TheLorax

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Ohhhhhh SlipperFan! Congratulations!

eBay didn't just remove the photos, they canceled his entire listing. That cost him.

This listing (270187433845) has been removed or is no longer available. Please make sure you entered the right item number. If the listing was removed by eBay, consider it canceled.
 

Candace

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Not to be the wet blanket, but I imagine ebay credited him for it. Even if they didn't it was probably less than a $1 for the listing. Listing is the cheap part, it's the percentage fees and paypal fees that add up. But, it is definately a wake up call since it affects business and creates more work.
 
G

goldenrose

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Not to be the wet blanket, but I imagine ebay credited him for it. Even if they didn't it was probably less than a $1 for the listing. Listing is the cheap part, it's the percentage fees and paypal fees that add up. But, it is definately a wake up call since it affects business and creates more work.
I would doubt if ebay credited him, I believe they forewarn you before posting a picture on a listing. I think they have a special reduced listing fee for the month, so Candace is right, it's the cheap part but he's not moving plants & he has to go to the trouble of finding another photo or doing without! Does he have any listings left? I wonder if ebay questioned him on the other photos used? there could have been even more of his pulled!
 

WolfDog1 (C. Williams)

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I too have bought plants from them and the plants were very small.
After all this, I don't even consider their auctions.
So, in the end, they have actually lost more business than this one listing would indicate.

Craig
 

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