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[sane2day]

I have not personally been attacked by this group but have read many heart wrenching stories of women who have. I read one that had a link to an article about this group and an attorney investigating. He stated that the $300.00 fines being levied by this group are not legal. They are what he called "phishing expeditions". He stated that the person distributing the copyrighted material is the one that the hurt PARTY should go after not a lynch mob with wild west mentality going after privite citizens. They are being judge, jury and executioner without due process! While we all believe in justice and want to see these thiefs brougt to justice I am getting a realy bad taste in my mouth for anyone associated with this group or that condons how they are operating. They need to go after the one making the money off the pirated designs. If they want my backing they need to go after the bad guys not the innocent by standers just because they are easy and this group is frustrated. They are hurting legitimate sites on Ebay because who knows who is and who isn't? Then have the nerve to say, "Buy from my site, then you'll know"! I would like a list of every designer on this Coalition so I can not buy from them.

[sane2day]

www.wndu.com/news/contact16/092005/contact16_44586.php - 25k

I went on google and found the article I read. Here is the link. I also read some other article by the coalition that states that they are an educational group. They have a "detective" in chat rooms, on group sites, etc. and are only going after people that feel it is their "right" to get bootlegged designs. I have not seen that. I personally support these designers and know they need to stop this but go after the seller making the money not the 92 year old grandmother you are pushing over the edge with your bulllying!

[sane2day]

forums.ebay.com/db1/thread. jspa?threadID=1000025126&start=40 - 107k

Here's an ebay thread with people that went to attorney's and what they where told to do. If you google Embroidery Software Protection Coaltlion there are alot of articles.

[wanderward]

It sounds to me like a form of harassment... until I saw LEGAL paperwork from those people I wouldn't give them a cent -

they would have to send me copies of their incorportation papers as well as paperwork assigning them permission to enforce copywrite on specific designs and designers work.

I get a weird feeling like somehow these same people could be linked to the ebay sellers -- i smell a scam, i guess i am trying to say.

think about it --

-you want spiffy designs but don't want to pay big bucks
-you go on ebay
-you overcome your reluctance because of those prices
-you order the stuff, get it and see it may or may not be legit, but heck, you paid for it so you go on your merry stitching way
-eventually you get a letter saying "Pay up or else"
-you panic, send them $300 or whatever AND the software back

maybe i am just of a suspicious nature... but unless i see REAL government paperwork with REAL phone numbers of a REAL office at the same address as the return address -- well -- to be blunt, they'd have to figgure out what to do with their allegations because my mamma raised me far to well to say it or write it here.

[sane2day]

The more I read the interesting this thing gets. I don't know if this is true or not but it is probably worth people that are being fined by this group investigating. From what I have read, it looks like people think the Coalition set up the Ebay site, sold the sets and that's how they got the people information and that's why they can't go after the seller because it's themselves. If it's true, it sounds like entrapment. Then they act as judge, jury and executioner of designs they have already been paid for gotten back and resold. If this is true, I think (articles I have read said 10,000 letters went out) these people need to start their own coalition and fight this. GO AFTER SELLERS. HOW MANY OFF THOSE LETTERS WENT OUT ? I have not seen in any articles that they have have gone after ONE seller.

[Torie]

to answer your question on how many letters have gone out to people for the #300.00?

My search alone has come up to a figure of over 170,000 letters. They are mostly targeting the elderly, disabled, or lower income people. thier law suits that have been filed in Texas, are all identical in wording and alligations. These suits started late last year. and continue every day. All filed by Carol Faulkner. Additional information is supplied by the sellers on ebay (such as names addresses) that have been harassed and selling embroidery designs. Even the ones that are selling thier own. They include in those law suits a "unfair competition clause". They are requesting that a federal judge make judgement and close all web sites, accounts and groups that that person named is involved with and order that they not be allowed to use the internet for any reason ever agian.

Protect your self. This Coalition is a Fraud!!!

[sane2day]

If these are all being filed in Texas - what is the Monroeville, PA connection? That is the address given (if you look on the ebay site) where the money is to be sent? Is there a fraud within a fraud? Is all the money being sent there or is some sent to Texas? I know I read the PA State Attorney Geneal's Office is collecting letters and info from parties in PA from what I read due to the mail and court stuff. This is crazy. When you read embroidery mags it's like this ESPC is some do good organization instead of making a shambels of an expensive hobbie and turning a joy into a nightmare because someone made a mistake. I'll give them 10% knew what they were doing and were evil but as usual go overboard and make good people feel like criminals, commit suicide, go on anti-depressants, have strokes - GET A GRIP - go after the SELLERS they made the money!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
And now ESPC you are the EVIL ones with how you are dealing with this! I'm sorry but I can't stand bullying and I NEVER will.

[wanderward]

SERIOUSLY folks, i made some phone calls locally here and was told that if you get a letter from these people to forward it to your local State's Attorney's office with an explaination.

IF you bought something that was not supposed to be sold or if you bought something you were assured was legit, explain the situation in your cover letter and leave it in the hands of the lawyers.

KEEP COPIES of everything -- DO NOT phone these people unless you are prepared to record the conversation (at which time ALL parties involved in the conversation MUST be notified that the call is being recorded)


If these people are legit i am sure you will be notified by the PROPER authorities -- and if they are not legit then i am sure they will eventually be punnished to the fullest extent of the law that they are trying to harass people with.

[Torie]

Ok I said I would look into some of the other things that have been posted. Here is what I Found:

here are several addresses!!

Embroidery Software Protection Coalition
1350 Broadway, Ste. 1601
New York, New York 10018
Phone: (212) 714-1633
Fax: (212) 714-1655

ESPC
P.O. Box 1312
Monroeville, PA 15146

The 800 # on the web site goes directly to Carol Faulkner in Dallas, TX

The Home Sewing Association is

Home Sewing Association
105 Mall Boulevard, Monroeville, PA 15146
(412) 372-5950
(found on yellowpages.com

thier site is www.sewing.org

site mailing address is

Company Name: Home Sewing Association
Contact Person: Joyce Perhac
Address: P.O. Box 1312
City: Monroeville State: PA
Pincode: 15146 Country: United States Of America
Phone +1-412-372 5950 Fax: +1-412-372 5953

******Notice the address******SAME AS ESPC*******
Joyce Perhac info
started a company called ProShow Inc. in new York
she became the VP of the Home Sewing Association in May 1,2003.

Several sourses state that Gardner ( owner of Action Tapes AKA Amazing designs founded the ESPC and is running it. According to The Home Sewing Association's Joyce Perhac; she is running the ESPC from Pennsylvania.

Pennsylvania official offices states that the ESPC does not have a legal registratin in thier state and anyone contacted should report them to thier Attorney General at:
Attorney General PA
Tom Corbett
By Mail:
Pennsylvania Office of Attorney General
16th Floor
Strawberry Square
Harrisburg, PA 17120
By Phone:
717-787-3391

By Fax:
717-787-8242

Thier Govoner's info is:
Govenor
Edward G. Randell
Governor Edward G. Rendell's Office
225 Main Capitol Building
Harrisburg, Pennsylvania 17120

To telephone the Governor call:
(717) 787-2500.

According to Texas The ESPC is not registered in thier state and all should notify them at:

Greg Abbott
Office of the Attorney General
PO Box 12548
Austin, TX 78711-2548
Physical Address:

Office of the Attorney General
300 W. 15th Street
Austin, TX 78701

Office of the Attorney General
Consumer Protection Division
PO Box 12548
Austin, TX 78711-2548

Texas
Govenor
Rick Perry
Office of the Governor, P.O. Box 12428, Austin, Texas 78711, Phone: (512) 463-2000, Fax: (512) 463-1849

They all stated NOT to send any money to This Orgnaization!!!!

Mr. Gardner was quoted on 9-5-2005 in the Dallas Business Journal as saying:

"We're actually finally getting to the real pirates," he said.

As it gets closer to the real traffickers, it is getting information on the people downloading from pirates. Those users have started receiving notices that the owners of their ill-gotten designs would like to be paid.

That effort began in the last six weeks.

It hasn't happened yet, but if they don't pay up, the group may take the users to court. That's what the Recording Industry Association of America has done to music users downloading tunes from of Napster and other file-swapping services.

"We're kind of following the path of the recording industry," Gardner said.

cwatt@bizjournals.com | 214-706-7123

This is all that I have for now....Will Keep digging!!!

[sane2day]

Boy Torrie you are doing a great job at the research on this! I just hope the word is getting out to the people that are getting harrassed and that their states are doing the same for them. I glad names and companies are getting out there so the public can know exactly WHO is behind this so WE will not hurt innocent people or businesses.

[wanderward]

ok, so they exist and the state's attorney's say not to send them money ... and they may or may not take people to court.

one thing i don't *get* and that is that when ppl downloaded on Napster they were not PAYING for the music - so everybody involved was "guilty" of abusing the artists... in this case someone is misrepresenting the files as their own and selling them and the buyer may be guilty of not rabidly researching the prices being charged but they bought in good faith.

thank (all of) you who are researching this irritating topic. you surely have more patience than i do

[Torie]

Thank you Sane2day. I am so tired of my identity being stolen and being taken advantage of. And that is what i feel is going on!!! They are just bullies and need to be stopped.

I am an 11 year veteran of the Army and I just don't take well to being pushed around. I have served in the earlier parts of the war that is still going on and still believe in our rights and not to let anyone try to take them away.

This group sending out letters is trying to be the judge, jury, and exacutioner of this situation. I feel that they should go after the correct person legally and leave us little guys alone!

One thing Mr. Gardner is not stateing is that the whole music industry thing is still fighting. Last I heard was there was another appeal going on and that sharing music files is no different than me buying the cd or tape and making a copy for a friend. Which we all know has been going on forever! I really feel that this all comes down to GREED!!! plain and simple. the economy is down and companies are trying to find other ways to keep them selves a float.

Torie

[sane2day]

ttp://forum.freeadvice.com/showthread.php?t=259337

I was doing some research for you today and found this "ask the lawyer" site. Don't know if you saw it but thought I'd post it. Hope it helps someone. Is anything going on to stop this stupidity?