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CAPP -> CAPP -> J.K. Rowling Fans Asked to Help in War Against eBay
Post Info TOPIC: J.K. Rowling Fans Asked to Help in War Against eBay
anonymous


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J.K. Rowling Fans Asked to Help in War Against eBay
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J.K. Rowling Fans Asked to Help in War Against eBay
A couple weeks ago it was reported that J.K. Rowling had won an injunction against the auction giant eBay. This injunction requires eBay to remove all illegal J.K. Rowling works that eBay sellers have up for auction. EBay will have to do this until they go back to court in May. This means eBay will have to remove any Harry Potter e-books from their site because these are illegal copies of J.K. Rowling's work.

Fans are being misled into thinking these e-books are authentic when in reality, J.K. Rowling has made it very clear that there will not be e-book versions of her Harry Potter books. Sellers who auction off such items are no different than people who are selling illegal copies of DVDs, which is probably why eBay chooses to ignore such auctions. EBay has become notorious for their illegal auctions with sellers having everything from illegal copies of CDs to the e-books that are now causing eBay so much trouble. If eBay loses, more companies will be expecting the same treatment. This means eBay will once and for all have to do what is right. They will have to remove not only copies of DVDs but fake clothing from popular designers and everything in between.

J.K. Rowling's lawyer took things one step further by asking Harry Potter fans to sign a petition that will be going to eBay. The petition states the person signing the petition supports J.K. Rowling and her actions. The petition goes on to state why they support her decisions. This is an excerpt from the petition:

"Furthermore, we suggest that eBay has acted in an irresponsible manner by not addressing this fraud and recommend that they remedy the situation by implementing the following changes at a minimum:

• refusing to list illegal merchandise such as materials which infringe on copyrights held by J.K. Rowling and any of her business partners;
• removing listings immediately when they are identified by J.K. Rowling, her legal representatives, or her business partners as infringing on copyrights or containing forged signatures;
• providing COA and authentication guidance whenever a signed book or piece of memorabilia is purchased (similar to what eBay already provides for purchasers of sports memorabilia); and
• providing authentication services free of charge when a buyer is seeking a refund from a seller due to alleged fraudulent behavior."

Everything that J.K. Rowling has requested is more than reasonable. If these were your books and you knew that children were being mislead into asking their parents for fake items, wouldn't you want eBay to do the same thing?

Sources:
www.mugglenet.com
http://www.petitiononline.com/jkrebay1/petition.html

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Cyber Diva


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More on same issue:


http://www.timesonline.co.uk/tol/news/uk/article1437673.ece

From The Times
February 26, 2007
Potter author sues eBay over pirate books
Jack Malvern

In fiction his enemies are evil wizards and magical beasts, but Harry Potter’s latest adversary is a real corporation with a turnover of more than £2 billion.

J. K. Rowling, Harry’s creator, is suing the online auction hosting service eBay after unscrupulous sellers used the Indian version of the website to sell unauthorised versions of her books.

Rowling is not the first person to sue the website for breach of copyright, but she has won a unique victory by obtaining an injunction that prohibits eBay from listing illegal copies of her work. The court order is a setback for eBay because it is the first time the company has been obliged to police its sellers’ auctions for copyrighted material.

Ebay, which is also fighting similar complaints by Tiffany in New York and Christian Dior Couture in Paris, denies that it is responsible for the auctions its users conduct on its website, and claims that it is impractical for it to vet every sale.

The injunction presents difficulties for eBay, whether it succeeds or fails in policing its users’ sales. If the company is able to remove all sales of electronic copies of Harry Potter books then other brands will demand similar treatment when their rights are infringed by sellers. If it fails, it will be in contempt of court.

Akash Chittranshi, who is representing Rowling at the High Court in Delhi, told The Timesthat the injunction could set a precedent. “If they can do it in this case then they can do it a lot more,” he said. “This is the first time eBay has been compelled to take measures to prevent e-books being sold.”

Ebay did not respond when contacted for comment, but in previous cases it has argued that its website is a platform or marketplace and not an auction site.

Rowling’s lawyers claim that if eBay profits from sales of illegal goods then it should be held liable.

“In Indian copyright law, if the premises of a person is being used for an infringing activity, that person would be liable for that activity,” Mr Chittranshi said. “The market is not immune from liability.”

The court order is binding until the hearing resumes on May 23. Rowling and Warner Bros, the studio responsible for the Harry Potter films, brought the action in 2004 when books of Harry Potter stories were put up for sale on Baazee.com, the old name for eBay’s India operation. Rowling has never authorised electronic versions of any of her books.

Neil Blair, Rowling’s legal adviser at the Christopher Little Literary Agency, said that she welcomed the court order. “Over the years eBay has appeared to be unwilling to control sellers on their site offering pirated or forged Harry Potter items for sale to innocent fans,” he said. “We have asked eBay on numerous occasions to assist by taking preventative steps to avoid these sales – steps that we are aware they can introduce. As these requests were not heeded we had no choice but to seek judicial intervention.

“J. K. Rowling has previously warned fans on her own website about the sale of fake signed books and other pirated Harry Potter e-books on eBay.”

In September, Christian Dior Couture and its sister company Louis Vuitton Moet Hennessy filed a claim for €37 million (£25 million) in the commercial court in Paris, alleging that eBay has not acted strongly enough against the sale of counterfeit goods on its website.

Tiffany, the American jewellery company, brought a similar claim in February last year at the Southern District Court of New York. Ebay said that it would fight both actions vigorously.

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anonymous


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