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another e-bay scam
That's the funny part about the ebay scam - it requires to idiots on the scammer's part: One that gets an email where the user gives away their ebay login/password, and another who can't see the auction as a fraud, and then thinks a wire transfer of their money is a good idea.
I know this argument would never hold up in court, but one wonders, if your pictures are inherently copyright - and ebay is showing/using your pictures to help them make a profit, ebay is the one who should be sued. Ebay knows they list 1000's of scam auctions daily, but they have absolutely no finincial motivation to put the systems in place to reduce/prevent it. After all, when someone gives their money to the scammer - who loses - not ebay.
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another e-bay scam
I thought I remembered reading about the 'inherent copyright' a few years ago when I was working some programs that were going to require a copyright. So I checked, and per copyright.gov:
Q: Do I have to register with your office to be protected?
A: No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work...
Hence, you should register anything that might be important enough that you would want to sue.
So, even though pictures are posted in the public domain, the original author has the right to prevent their works from being used by others. The more the author does to prevent it (i.e. filing the copyright, disclaimers where the picture is posted by the author, etc.) - the more power they have along with the potential for $$$ in a lawsuit.
Simply being in a public domain does not mean the work is free for all to use as they please. For example, the John deere logo in all over the net (public domain), so I would think I used John Deere's logo for profit, John Deere's lawyers might be contacting me if they found out. Additionally, people can put protected works in a public domain either knowingly or unknowingly - so their mere presense there does not make it a free for all.
Just my opinions - as I haven't gotten my law degree yet.
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another e-bay scam
In answer to... "it stands to reason that if something is inherently copyrighted than why would you have to get copyright protection?"
I tried to make the point in my earlier post, that the more you do to protect your work, the better it is protected, and the more likely you will be able to enforce it and get compensated for the misuse of the work.
My main point was - just because you post a picture in a public domain, you are not automatically giving permission to the world to use it however they please. Likewise, just because you see an image in a public domain, it isn't yours to do what you want with it. Granted, the power of poeple to protect it or sue greatly vary from case to case, but there is an inherent copyright that may or may not hold up in court.
I agree that public domain applies more to patents as this is entirely different than copyrights.
On a side note, in today's litigious society, I'd never even consider marketing that side mount mower. Even if there was a small need out there for it, I put the odds over 95% that a lawsuit would wipe out that corporation!
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another e-bay scam
ww:
While I don't doubt people have used the poor man's (c) and won, from the copyright.gov site:
Q: I’ve heard about a “poor man’s copyright.” What is it?
A: The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
Then I guess - in any case - it always depends upon what judge you have, and who has the best lawyers - not necessarily who's right or what the law is.
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