Esato

Forum > General discussions > Esato forum > Esato themes on eBay

Author Esato themes on eBay
downsie
C905 Black
Joined: Mar 27, 2007
Posts: 38
From: Aintree, Liverpool
PM
Posted: 2007-11-10 02:49
Reply with quoteEdit/Delete This PostPrint this post
The eBay seller has been in touch with me and pleads ignorance. The last I heard was that they would review the themes in the file and remove them from sale if it turned out that they were from Esato or M9's gallery.

Needless to say, I've heard nothing since.

The only way is to go via eBay but they will only listen to individual themers whose themes are included.
I'll take them on if any of my themes are included.

[ This Message was edited by: downsie on 2007-11-10 01:56 ]
downsie
C905 Black
Joined: Mar 27, 2007
Posts: 38
From: Aintree, Liverpool
PM
Posted: 2007-11-10 03:53
Reply with quoteEdit/Delete This PostPrint this post
None of my themes are in the list but I recognise many of our colleagues work.

I have sent the seller this message via eBay:

"I refer to my previous message regarding intellectual property.
I have seen one file of themes and I can confirm that the themes have been lifted from Esato & Mobile9 authors' submissions.
None of my themes are included, I am glad to say. However, I have discussed this matter with my colleagues and they are outraged. I will be contacting effected theme authors and will recommend that they pursue the matter through eBay's intellectual property reporting procedure.
Square Deal have also expressed an interest in the matter and have said that they are taking this seriously and will be monitoring it.
You may wish to avoid any unpleasant repercussions by removing all the theme packs from eBay."
chadiwrx
K850 Blue
Joined: Sep 25, 2005
Posts: 336
PM
Posted: 2007-11-10 16:34
Reply with quoteEdit/Delete This PostPrint this post
I just put in a complaint to sqaure trade about this matter.
I'll keep you guys posted on the reply.
downsie
C905 Black
Joined: Mar 27, 2007
Posts: 38
From: Aintree, Liverpool
PM
Posted: 2007-11-10 17:53
Reply with quoteEdit/Delete This PostPrint this post
Nice one, Chad.

I've had more comms with the seller. He wants links to themes that are exact matches to the the ones on the file.

It's a tough ask because the only way is to manually trawl through them.
I found five after an hour of trawling and I've sent him the links.

He has promised to remove the files if we can prove beyond doubt that we are right.

He insists that he bought the themes in good faith with resale rights.

As all the themes are freely available on Esato & M9 etc, he is either more stupid than his customers or he is lying.

I'm going with the former as he hasn't even bothered to remove the Esatonet logo from the images or authors' names from the files.

[ This Message was edited by: downsie on 2007-11-10 17:02 ]
downsie
C905 Black
Joined: Mar 27, 2007
Posts: 38
From: Aintree, Liverpool
PM
Posted: 2007-11-10 18:16
Reply with quoteEdit/Delete This PostPrint this post
I've just visited his eBay shop and the Square Trade Seal is no longer there.

http://stores.ebay.co.uk/info[....]4QQdirZ1QQfsubZ0QQftidZ2QQtZkm

Maybe they've kicked him out already.
Sedma
W850 white
Joined: Aug 12, 2004
Posts: 3
PM
Posted: 2007-11-10 21:15
Reply with quoteEdit/Delete This PostPrint this post
@downsie
Thanks for link It's very sad but it's not first time that my themes are for sale. But sadest was when I saw my stolen themes here, on esato and I didn't know whom to ask for removing

You told me that 2 of my themes are among others. I can't check it, but if you have that collection you can check it. Almost all my themes has creator name in the file and links to my homesites on lasyk (older) and mobile9 (newer). If I want to report it on ebay, do I have to be registred?
downsie
C905 Black
Joined: Mar 27, 2007
Posts: 38
From: Aintree, Liverpool
PM
Posted: 2007-11-10 21:28
Reply with quoteEdit/Delete This PostPrint this post
I agree - it's bad when leeched themes are uploaded by folk as their own work. It's not as bad as when folk try to sell them though.

Yes. You need to be registered on eBay. It only takes a few minutes. Then go to their VeRO page http://pages.ebay.co.uk/vero/index.html?_trksid=m40

If you click on the FREE button at the bottom of this page, http://rapidshare.com/files/67278957/se_themes.zip you can download the file containing the themes.

They insist that only the owner of the intellectual property can submit a complaint. There is a form which they ask to be signed and faxed to them http://pages.ebay.co.uk/help/community/copyright-infringement.pdf

Sounds like a nightmare but I'm sure it's not as time consuming as writing a theme, which someone else wants to sell as their own property!

I didn't do a full search of the themes pack because it can only be done manually. In the time I had available I found the two that I mentioned earlier, http://gallery.mobile9.com/f/24721/
http://gallery.mobile9.com/f/24397/

Those two should be sufficient evidence for eBay.


[ This Message was edited by: downsie on 2007-11-10 20:52 ]
SE4NICK
W580 Grey
Joined: Dec 27, 2006
Posts: > 500
From: Australia
PM
Posted: 2007-11-10 22:14
Reply with quoteEdit/Delete This PostPrint this post
GO peoples !

I try to get devnull/devsmoothe to change his mind but no luck he dosnt care his themes are being stolen.........

Now in the theme pack there are themes by Tikho, T-shirt & Tosinv they are members at this site www.segoodies.com

I will contact tosinv however i may need some help with the others..
Sedma
W850 white
Joined: Aug 12, 2004
Posts: 3
PM
Posted: 2007-11-10 22:17
Reply with quoteEdit/Delete This PostPrint this post
thanks downsie. I downloaded and found 7 of mine, all very old and certanly not ones of my best . I'll read your post once again to understand it clearly
SE4NICK
W580 Grey
Joined: Dec 27, 2006
Posts: > 500
From: Australia
PM
Posted: 2007-11-10 22:25
Reply with quoteEdit/Delete This PostPrint this post
Ok I have mailed Tosinv...awaitin reply

Here are contact details for T-Shirt, his themes are included in the package for sure.
http://www.segoodies.com/forum/index.php?action=profile;u=8
He dosnt seem to be active on any sites for at least 14weeks so email or messenges will be the best way to contact.

Here are the details for Tikho whos themes couuld also be in the pack.
http://www.segoodies.com/forum/index.php?action=profile;u=2050
Email or messeger again would be the best way to contact.

If I get time later I will contaxct them however im tied down with work still...then i have some exams in a few weeks
Sedma
W850 white
Joined: Aug 12, 2004
Posts: 3
PM
Posted: 2007-11-10 22:29
Reply with quoteEdit/Delete This PostPrint this post
@downsie
There are not 7, there are 9 themes of mine . I opened form, but I don't understand that legal thing so good, not even on my language . I don't know what option to put, and I certanly wouldn't like to give theme my real name and address. Beside I don't have a fax. I can pretedent that I don't know for that form and I can give them link to my files and maybe to offer theme psd files. Maybe that will be enough. What do you think?

btw, I found Pat's, jdj's, rush's (from lasyk), zj's themes too.
SE4NICK
W580 Grey
Joined: Dec 27, 2006
Posts: > 500
From: Australia
PM
Posted: 2007-11-11 02:28
Reply with quoteEdit/Delete This PostPrint this post
Sedma, since ur familure at Lasyk do u think you might be able to get in touch with the Lasyk users...?
downsie
C905 Black
Joined: Mar 27, 2007
Posts: 38
From: Aintree, Liverpool
PM
Posted: 2007-11-11 14:39
Reply with quoteEdit/Delete This PostPrint this post
@Sedma
I think if you contact eBay and explain the language difficuties, they should be helpful... I hope.
I wouldn't worry too much about giving eBay your real name etc.
For all their faults (and there are many!), they are a very responsible organisation and their privacy policy is 100% trustworthy.

@ all themers.

I am now thinking that the best way forward is for effected themers to contact THE SELLER.
If enough people complain to him, he will start to worry more.
Go the the eBay link at the start of this thread then click CONTACT SELLER and send him your message. Be polite.
Remember ... You can either have a good fight or a good result ... seldom both.

[ This Message was edited by: downsie on 2007-11-11 13:43 ]
downsie
C905 Black
Joined: Mar 27, 2007
Posts: 38
From: Aintree, Liverpool
PM
Posted: 2007-11-11 14:57
Reply with quoteEdit/Delete This PostPrint this post
By the way, I felt a bit miffed that none of my themes were included.

A bit like when my house was burgled and they didn't take any of my music CDs ! Haa haaaa haaaaaa.
SE4NICK
W580 Grey
Joined: Dec 27, 2006
Posts: > 500
From: Australia
PM
Posted: 2007-11-12 09:18
Reply with quoteEdit/Delete This PostPrint this post
@ downsie it seems the themes are over and around 2 years old......were u even themeing back then ?

I have been in contact with Tiko and refered him to this trhead..
Access the forum with a mobile phone via esato.mobi