Forum Home Page

[SiCK]

Posted in the SiCKDesigns Yahoo group:

I am NOT wanting to start a debate here...but I know from some other
embroidery groups that this company is sending out letters to people who have bought
somethings. There is a great debate about this company. I would FAR from take
what they say as law. The lady who runs it is being investigated by the
District Attorneys and Better Business in several states. She tries to collect by
threatening letters across state lines. The letters state people have
illegal designs, but does not state what they have..where they purchased it..who is
accusing them...etc. She is being looked at for extortion. They also tend to
send the letters out only to people who are a bit of older age who might just
write a check and not follow thru with it. There website has changed several
times how it reads..and what they want from people....you can see that if you
read what other people have posted on other group threads. Right now their
going rate seems to be $300.00. They ask you to sign a letter of GUILT...which
hey you never know if they decide to do something else..might be used against
you in another manor. They are claiming most of these are from Ebay...but the
correct thing for them to do according to ebays police is to report the
person selling the illegal software to VERO...but i guess its easier to just stick
it to the person who buys it in good faith....and honestly....i wouldnt put it
past them to be listing bootlegged stuff on ebay to trap people for
extortion...because VERO states the copyright OWNER has to file the paperwork about the
illegal item being sold...not some third party..

Instead of going after the person who is selling illegal stuff..they are
going after those who are buying it. If you purchase something in good faith and
without knowlege that its bootleg or fake..then you are not at fault for
purchasing that item. Should you have...NO...but not everyone knows. Technically
if they want to get technical..you cant even "re-sell" a program your not
using anymore..if your not a authorized dealer. If your one of the people
buying PE-Design6 for 25.00 with a "crack" on ebay..then your purchasing illegally
and most of us know it costs more than that for the program so that is a
gimmie...

I have not gotten any of these letters nor have i seen what they say...but i
have heard people talking about them in other groups....all i am saying is
take what ever you read with a grain of salt..unless you hear it from the person
who owns it directly.

A Rich

[SiCK]

Posted in the SiCKDesigns Yahoo group:
Jim-
I have received the letter from the ESPC. I have been to a
copyright attorney-and PAID him. These letters, 170,000 of them,
were sent out as a sort of cease & desist warning. The ESPC DOES
NOT have the power to "fine" anyone. Only a court can do that.
These letters were sent out regular mail, not certified. They are a
legitimate organization, but this is a type of lottery for them. If
people settle, great. I disagree with whoever said they are only
sending them to older people who will be scared into paying. I
think they are indiscriminately sending them to whoever they could.
By the way-I am not an older person! (Not that there is anything
wrong with being older. Don't want to offend anyone.) Now, if you
buy more illegal designs after you have received the letter-yes you
will probably be going to court. That's how they got people in the
Napster case. But, to sue us all, we'd have to have court in the
Dallas Cowboys stadium!

I have filed paperwork with the Attorney Generals of Texas (that's
where they are located-we think), Pennsylvania (that's where the
letter came from), and Indiana (that's where I live.) I also filed
paperwork with the US post office. I have talked to our local TV
station who is covering this story, but the "attorney" from the ESPC
has not called back our reporter! And it's been about 6 weeks of
our reporter trying to reach their attorney! I agree that the
pirates selling illegal designs should be shut down-but when you go
to eBay-most of us are buying in good faith. So, I am just passing
on what I learned. I won't be buying anything on eBay, I won't be
paying the ESPC a cent, and I am not buying designs from the
companies affiliated with the ESPC. I do not approve of their
tactics. They are supposed to be an educational organization--not
the mafia!

Hope this clears some of this up. I have my attorney on retainer-he
is willing to help us with whatever we need to do-if there is a next
step.
Denise

[SiCK]

Posted in the SiCKDesigns Yahoo group:

They got the addresses, dearheart, by threatening the seller(s) with
prison. It had to be a plea bargin agreement(s). No jail time just a
fine. Can you freaking imagine 170,000 times $300.00 equals
$51,000.000.00 total. Well worth the postage wouldn't you say if only
10% pay up? If they threaten court action the amount would be
astronomical. Just include court fees, lawyers, etc. plus the
original design costs makes my head swim. It only cost .10 for
copying fee (maybe) and .37 cents for first class mail. Not a bad
return is it? IF they sent the notice out to 170,000 people x .47
cents for approx. $80,000 for a potential return of 51 million
dollars.

So much for a "good faith" purchase.

It's not a scam per se - they have been threatening this type of
action for years and are now carring thru with it. They have enough
of the larger companies ie. Catus Punch, OSED, Disney,etc. behind
them know to push for this result. The film industry and record
makers did the same thing. I can assure you they can do more than
take your designs away if it goes to court. By the the "fruit of the
tainted tree" you could loose anything you may have made, sold, etc
is also theirs by right. Even if you returned the item to the eBay
seller you still could be charged because of electornic duplication
and you would be hard pressed to prove you didn't have the designs
etc. anymore. Guilt by association. They can get you either way.
According to them you should have upon receipt of the disk/design
etc. immediately returned it to the seller (of course keeping a
delivery receipt which you cannot get outside of this country) and
left negative feedback to warn any future potential purchaser of the
bogus designs. IF you did not - you are liable. For heavens sake -
there have been times when weeks have gone by before I have "totally'
inspected a purchase. In addition a particular design or set may have
been retired by the time I got it -how would I know? According to the
seller they had every right to sell me whatever was on there. eBay is
the one who allowed illegal material to be sold. BUT rather than shut
eBay for allowing the sales no doubt eBay willingly gave them the
sellers information so the seller could be pursued. Where does my
responsibility/liability end? According to them - never.

Diane Velasquez
DJVs Designs

[SiCK]

Posted in the SiCKDesigns Yahoo group:

People who buy or sell embroidery designs on EBay must first
understand "Copyright" laws. Now truly ladies and gents, if you are
buying a copyright design , si:: Giants, Bears, Vikings, Disney on
line for $6.99 or $9.99 and you absolutely know that Brother sells
it's LEGAL copyright protected Disney designs for $109.99 to $159.00
per set, that the price you're getting on EBay is to good to be
true???

I was one of those awful people who bothered the seller, the buyers
on EBay and told them both, first the seller, that the item they
were selling was a copy of a copyright protected design, then I
notified buyers that they were bidding on an items that was
illegally listed, as it was a copyright protected item, then I
notified Ebay too. Meaning I was not the original owner of
the "Copyright" and GREEDY EBay" is only
after making money at any cost, they sent me the letter I will
attached belot and threatened to kick me off EBay.

Carole Faulkner has been hired by certain smaller companies to go
after people who infringe upon the copyrights of her clients. She
is doing only what her clients hired her to do. She could come after
each person who she has proof took part in the infringement of
copyright laws and take you to court. FIRST, Ask her for a copy of
what she has that you sold or purchased, if she has proof, PAY THE
$300.00 and be thankful that's all your paying or make her an offer
of $150.00., if refused, stay on top of this!!! But don't ignore
this, as if you go into this and if lays for 6-9 months and it comes
back at you it can cost you thousands I have seen it happen, PLUS
they can come and take you machine (s), software too. This really is
no laughing matter. It cost thousands of dollars to get out of some
of these cases and if she did not know that you had not purchases
these desigs or sold copies of "copyright" designs, she would not be
bothering you, It's not the idea that you spent $14.99 or $19.99
for designs that you should have paid $129.00 for and you think,
though, maybe I could pay the dfference, nope, no bad dead goes un
notice in the justice system, you do not realize you are not dealing
with the local police or whatever here, these are FEDERAL laws that
are really enforced heavily ever since 911 and no one is going to
stand for getting ripped of anymore. The idea is Make an example of
everyone for 2-3 years and all of this theft will stop, as this is
not a local or state crime spree , it's international. Right now
the English women and gents are having a real hard time stopping
their listingsby several means and the authorities there in England
will be door knocking soon and confiscating machines and software.

The bigger companies have gone directly after EBay itself and not
the little guy, as I worked with some Cos. on this and did research
for some of this.EX.
(One woman in fact sold copies of (75 Brother Design Cards,
all designs included), by her selling 75 cards in one group pricing
for 14.99 this was a loss of approximately $150.00 per card to each
dealer who did not sell a card, as when people buy cards they also
buy thread and needles, so take $150.00 X 75 = $11,250.00 for each
sale she made on Ebay was lost by Brother & its dealers.

Meantime this woman sold 876 of these copies in which she ONLY made
13,131.24 less her costs for CD's & misc,,,,

She earned in ALL her sales what Brother lost in one of her sales,
while in Total, Brother lost in sales alone in designs. Meantime
Brother loses $11,250.00 per sale of hers(876) for a whooping total
of $9,855,000 THAT"S ALOT OF MONEY, now that does not even
include
the loses that the dealer had because the customers were not exposed
to new sewing machines and new sewing based merchandise that could
have been sold. Don't you think this woman should be held
accountable
for the loss of sales that Brother incurred? and for all those
buyers
who purchased designed for that price when the knew they were
buying "original Brother" designs, they should not be held
accountable
for the illegal activity they took part in???

Think if it were you that spent MILLIONS to abtain the copyright to
team names and logos, and Disney pics and likenesses and someone
came,
copies your designs and sold them for pennies on the dollar???
Wopuld
you not to cry foul??

This is on my 2 cent s worth, I am glad we can all agree to
disagree and still get along on this group so well......

Cj

CC: ltr from EBay to myself for you all to read

Dear queenbee2cj
Recently we became aware that your eBay account was involved in the
following activity:

moreinfo@ebay.com Add to Address Book

IE Alert: Transaction Interference - eBay Information Notice-

Wed, 02 Mar 2005 10:47:07 PST

* Transaction Interference -

Emailing buyers in an open or ended transaction to warn them away
from
a seller or item.



We realize that you may not have been aware that there was a rule
against this activity.
Therefore, we would like to take this opportunity to invite you to
review Section 5.5 of our User
Agreement, which states:

5.5 Manipulation. Neither bidders nor sellers may manipulate the
price
of any item nor may you
interfere with other user's listings or auctions.

We understand your willingness to help try and keep eBay a safe and
fun place, but please
understand there are many ways we enable a user to make an informed
decision about their transaction
without outside interference.

Please understand our goal is to help you understand our policies to
ensure successful experiences
at eBay. Therefore, we respectfully request that you refrain from
this
activity in the future to
avoid the possible suspension of your eBay registration.

We would like to take this opportunity to invite you to review our
site policies, which can be
found at:

http://pages.ebay.com/help//policies/transaction-interference.html

Thank you in advance for your cooperation in this important matter.


Regards,

Customer Support (Trust and Safety Department)
eBay Inc

****************************************************
Message: 5
Date: Wed, 07 Sep 2005 20:23:02 -0000
From: "dianejo2000"
Subject: Embroidery protection Org - very long

First of all if this posts twice - please except my sincerest
apologies - I seem to be having problems of rejection from runbox.com

I appreciate the need for this organization - BUT - no where on the
site do they list any members. This so called $300.00 "amnesty fee"
that is proported to protect you from legal action is bogus. First
of
all from whom?

[SiCK]

Posted in the SiCKDesigns Yahoo group:

From Tori

I do see your point in all of this. I would like to take the time to also explain that some of the people that are drawing the pictures for Disney and the different logos for sports teams are also selling them on the Internet as clip art. If you check some of the royalty free clip art sites you will see many of the Disney art work that you can purchase and digitize yourself. The companies have "Copyrights" on the art work. The digitized designs can be copyrighting also as long as the owner of the art work gives you permission and they are given credit. I have also just found out that the "Copyright" law does not say anywhere that you can get into trouble (it being illegal) to purchase the unoriginal copies.

As far as the eBay thing. I can see why you feel the need to inform people but you are interfering with the auctions. That is why most people on eBay are listing their items with the privacy checked. That is so no one can see who is bidding and then they do not have to worry about their potential customers being harassed. And then they block the ones that they know of that are doing this so that they can not be harassed.

As for Ms. Faulkner: she is exploiting people. There is no ESPC Registered in the sate of Pennsylvania that is for profit or non profit. Call them and ask. But the 888 number on their web site goes directly to Ms. Faulkner in Texas. That seems a little bit fishy to me. And as far as the law suits go I have been researching those also. Did you know that in 2005 she has filed over 30. And for some reason they all read the same with different peoples names and addresses. As for the getting the proof from this woman. It does not happen. Most of these people can prove that they did not sell to the town or person that she claims but She is still our for blood and refuses to listen to reason. I don't know about all of the people that have been served but as for me (I was served and will fight tooth and nail) I intend to force her hand and get that supposed proof she has. I guess because for about two weeks before I was served I got those emails that told me to join this ESPC
Amnesty program and i told them I refused. They then emailed me that I would be sued If I didn't.

As for the letters that she has been sending out on behalf of the ESPC; Pennsylvania says to report them to their Attorney General as well as the one for Texas and the persons home state. They also told me not to send any money or sign anything.

Talk about the "GREEDY"

Sorry to get on my band wagon but this is just bologny and needs to have the feds investigate this whole thing.Just needed to add my 2 cents.

[SiCK]

Posted in the SiCKDesigns Yahoo group:

From Janet:

You only replied about Giants, Bears, Vikings, and Disney. WHAT ABOUT AMAZING DESIGNS?? This is the ONLY organization who is filing lawsuits!!! Not Pfaff, Viking, Bernina, or any of the others listed as ESPC members have filed these frivolous charges. Go to PACER for the Northern District of Texas. Carole Faulkner has filed over 30 cases so far this year against sellers and gee guess what, they all sold to someone in COPPELL, TEXAS. The ones she filed in 2004, also are the same.

What I want to know from nanasews2 or queenbee2c, or whatever other names she is registered under, WHO PAID YOU TO STALK AND HARASS Ebay Sellers and Buyers?

Also, how much MONEY DID YOU GET PAID for this INTERNET STALKING and INTERNET HARASSING, and didn't these people who hired you to do this illegal criminal act, TELL YOU WHAT YOU WERE DOING WAS A FEDERAL CRIME IN ITSELF?? You need to check out the FBI link for internet crimes. You will probably find your name there with many reports filed against it.

I would also like to know who made you the ULTIMATE GOD and gave you the ALL KNOWING ABILITY to look at a small picture on an auction listing and FLIP A SWITCH AND SAY, "OH, THIS IS PIRATED AND COUNTERFEIT???" And then, force feed your uninformed opinions and slanderous remarks on these sellers and buyers auctions?? Have you ever gone to the website and checked out the COPYRIGHT LAWS---ever??? You really should

A Notre Dame law professor tells Contact 16 copyright laws make it illegal to distribute copies, not buy them. That's the law. The ESPC should NOT be collecting $300.00 from you.

You and others online internet stalkers and harassers have posted and spread libelous, slanderous remarks to a lot of innocent peoples auctions. This according to our justice department is defamation of character, libel, slander, and internet stalking, harassment, and a lot more. YOU can have federal charges brought against you for what you have done and this is a lot more serious than you may think. Every person you stalked and harassed can bring charges against you for each statement you posted, reported, etc. Think about it.

I wasn't even on Ebay two months and have over two reams of paper with harassment and stalking messages that were sent to me.

It would appear Action Tapes, a/k/a Great Notions, a/k/a Amazing Designs is trying to CORNER THE MARKET on embroidery designs, and FORCE everyone else out of business by these frivolous lawsuits. We the sewers and embroiderer's of America need to band together and totally boycott Amazing Designs.

If you check court documents, you will find that one of the things you have to agree to is NEVER sell, buy, or do any business whatsoever in the future on the internet, or anywhere else. Based on these facts, the individuals who digitize and sell their own work is a great part of their targeted actions. They want all sales of embroidery designs eliminated from the internet, not just Ebay.

[CAB102361]

Its been extremely interesting to me with the whole copyright laws issue that we have so many "experts" who just know the law outright. Unless you are an attorney who specializes in copyright laws, you should not be contacting anyone on behalf of anyone. Including ebay or any persons connected with a auction or product. Obviously there are clear cut cases such as for instance burning disc after disc of programs etc and selling them. However it is up to us individually to use our own common sense and not purchase such an item. Also Ive noticed that many of the people on ebay are from other countries selling these items. It doesnt seem like anyone is bothering to jump on them and beat them up. And if you go to a lot of overseas sites a lot of them have obvious characters. But consider "look a like" characters that many digitizers in the US do. The one that comes to mind is when Harry Potter movies come out there is a lot of interest in "Harry Potter-like" designs. Now can you copy right something such as a cauldron because it looks similar to something in a movie?..As well as can you say to someone you cannot digitize a deer because Disney might think it "looks" like Bambi. Now if this is a exact copy from a known picture directly from say a disney picture, absolutely its an issue. So unless you are a copyright ATTORNEY you have no business contacting ebay or anyone else in reference to what you consider to be a copyright violation. I do believe that disney has their own legal department to monitor their legal issues as far as patterns etc are concerned. And everyone absolutely knows someone who had disney etc come to their door and confiscate all their computers etc. I agree that anyone stealing designs should be prosecuted but, don't you believe that you should perhaps steer the parties being wronged towards the people who are knowingly doing wrong rather than assuming you have the whole story and know it all. Be your own conscience and support legitimate dealers and digitizers.
Anyway that is my dollars worth, because Im so tired of the hearsay and all the experts out there that have made it their job to be the expert who knows it all. CAB