eBay censor Mind The Gap on 'copyright' grounds

[TonyGosling]

Kenny in Glasgow tells me today that eBay last night removed Mind The Gap from his store on 'Copyright' grounds

http://stores.ebay.co.uk/Glasgow-911-Truth-DVDs-and-Books

Since the copyright in the work is owned by Adrian and Dave that is a tad weird - to say the least !!!

Obviously eBay have not read the law of copyright which includes fair use of news footage without payment.

This action would logically have been brought by the owners of that news footage - but Channel 4 and the BBC lawyers know all about fair use and the law so they're very unlikely to have instigated what is almost certainly nothing more than a legal warning to eBay by letter or email to which they have responded.

Questions are
1, who instigated the action to eBay and are solicitors who approached eBay acting for the culprits behind the 7/7 London bombings? and
2, on what grounds did eBay cave in?

Kenny hasn't been told any of this but is trying to find out.

T

[is]

I do find this very odd, considering some of the other blatently illigal activity that is perpetrated through ebay, such as ticket scalping, is ignored by watchdogs and the like, yet this very new and low profile (so far) dvd has been immidietly jumped on. But by WHO?

Good luck with this, matie.

[xmasdale]

I hope we will challenge this, with lawyers if necessary.

Noel

[Dr Hemp]

This news doesn't surprise me as E-bay are owned by PayPal, who are probably the worst online payment provider in the world. Do not use PayPal unless you absolutely have to, not just because you shouldn't give them any money on principle or pay their rip off charges, but they can close down your account and keep your money without warning for 6 months with no explanation.

They did this to me once, with a few thousand dollars, and over the 6 months the dollar went into freefall, so I lost out.

For more info see www.paypalsucks.com where there is also advice on better alternatives to PayPal.

Chris.

[TonyGosling]

I'd like to see, posted here, the text of eBay's reasons for taking this DVD down followed by details of who, if anybody, eBay got the legal; letter from as well as the specific contents of that letter. Unless Kenny and friends do this we will simply be 'letting them get away with it' - in this case the IT being more lawlessness.

[TonyGosling]

[X] particularly relevant paragraphs

Fact sheet No. P-09
Issued: 5th July 2004
Last amended: 5th July 2004
http://www.copyrightservice.co.uk/copyright/p09_fair_use

What is fair use?
In copyright law, there is a concept of fair use, also known as; free use, fair dealing, or fair practice.
Fair use sets out certain actions that may be carried out, but would not normally be regarded as an infringement of the work.
[X]The idea behind this is that if copyright laws are too restrictive, it may stifle free speech, news reporting, or result in disproportionate penalties for inconsequential or accidental inclusion.
What does fair use allow?
[X]Under fair use rules, it may be possible to use quotations or excerpts, where the work has been made available to the public, (i.e. published). Provided that:
The use is deemed acceptable under the terms of fair dealing.
[X]That the quoted material is justified, and no more than is necessary is included.
That the source of the quoted material is mentioned, along with the name of the author.
Typical free uses of work include:
[X] Inclusion for the purpose of news reporting.
Incidental inclusion.
National laws typically allow limited private and educational use.
What is incidental inclusion?
This is where part of a work is unintentionally included. A typical examples of this would be a case where holiday movie inadvertently captured part of a copyright work, such as some background music, or a poster that just happened to on a wall in the background.
Points to keep in mind...
The actual specifics of what is acceptable will be governed by national laws, and although broadly similar, actual provision will vary from country to country.
Cases dealing with fair dealing can be complex, as decisions are based on individual circumstances and judgements. This can be a very difficult area of copyright law.
To avoid problems, if you are in any doubt, you are advised to always get the permission of the owner, prior to use.

This fact sheet is Copyright © The UK Copyright Service and protected under UK and international law. The use of this fact sheet is covered by the conditions of a Creative Commons licence. It is intended only as an introduction to ideas and concepts only. It should not be treated as a definitive guide, nor should it be considered to cover every area of concern, or be regarded as legal advice.

[TonyGosling]

22nd July 2006 (previous emails are below)
--------------------------------------------------

> Date: Sat, 22 Jul 2006 06:17:24 -0700
> To: xxxxxxxxxxx@hotmail.co.uk
> Subject: Re: IV%MM0001 eBay Listing Removed: Unauthorised Copies (Copyright) (=IS &12361 JM13199523) [#UK ?01 ] (KMM37831745V74194L0KM)
> From: ukrswebhelp@ebay.com
>
> Hello,
>
> Thank you for writing to eBay. My name is Nelka. Please allow me the
> opportunity to assist you regarding the removal of your listings number:
> 160007444629 - Mind the Gap 7/7 DVD Call for an Independent Inquiry.
>
> We review all listings that are reported to us by members of eBay and
> participants in the VeRO (Verified Rights Owners) Program. Once
> reviewed, a determination is made on whether the listing is in violation
> of eBay policy.
>
> Please understand that all questionable item reports are confidential.
> If you would like to review eBay's Privacy Policy, please visit the link
> below.
>
> http://pages.ebay.co.uk/help/community/png-priv.html
>
> We have reviewed your item and found the appropriate action was taken in
> this instance. Your item was removed because it breached our
> Unauthorised Copies policy.
>
> eBay can not encourage or facilitate the listing of potentially
> infringing items on our site. We encourage you to take the steps you
> feel are necessary to satisfy yourself that your item is legitimate
> before listing it on eBay.
>
> Sellers are responsible for the items they sell, and selling an
> apparently infringing item may lead to potential liability.
>
> For future reference, please review our listing policies before listing
> your items. You can view our listing policies at the following link,
> copy this into a new browser window:
>
> http://pages.ebay.co.uk/help/policies/items-ov.html
>
> Please keep in mind that the repeated listing of potentially infringing
> items may lead to the suspension of your eBay account.
>
> I trust that this information has been useful to you. If you have any
> further questions please do not hesitate to contact us again.
>
> Kind regards,
>
> Nelka Jarek
> eBay Trust & Safety
> ____________________
>
> Learn more about buying and selling safely on eBay. Visit the eBay
> "Safety Centre" by clicking on the link at the bottom of the eBay
> homepage.
> ____________________
>
> Original Message Follows:
> -------------------------
>
> Form Message %43323% 122505
> D_ID072220060304D_ID/W_ID72991869W_ID/S_ID003S_ID
>
>
>
> Message: HI can you tell us the main reason why the item MInd the Gap
> was removed we believe that we were not infringen any copyright and we
> would like to know if someone had complained about it?
>
> Thanks
>
>
>




6pm - 20th July 2006
------------------------

> Date: Thu, 20 Jul 2006 18:01:46 -0700
> To: xxxxxxxxxx@hotmail.co.uk
> Subject: Re: IV%MM0001 eBay Listing Removed: Unauthorised Copies (Copyright) (=IS &12361 JM13199523) (KMM37724527V43684L0KM)
> From: ukrswebhelp@ebay.com
>
> Hello,
>
> Thank you for writing to eBay. I'm happy to assist you further regarding
> the removal of your item in relation to eBay's Policy on Unauthorised
> Copies.
>
> Items prohibited by eBay Policies are not allowed to be listed on the
> eBay site. For this reason we have ended your listing and credited all
> associated fees to your account. We have also advised your listed
> bidders that the item has been removed.
>
> Here's what you can do next:
>
> 1)Read the ended listings FAQ at:
>
> http://pages.ebay.co.uk/help/confidence/listing-ended.html
>
> Or
>
> 2)Take eBays tutorial on Intellectual Property Policies and VeRO.
>
> http://pages.ebay.co.uk/help/tutorial/verotutorial/intro.html
>
> Unauthorised copies of copyrighted works should not be listed on eBay.
> This includes, unofficial copies of films, TV shows and music on video,
> VCD, DVD, CD, "backup" or "archival" copies of software programmes,
> Software loaded onto a computer hard drive that is not being sold with
> the original media and audio tape potentially infringe the copyright of
> production companies, artists, or record companies.
>
> Since the copyright holder owns the rights to the works and their
> distribution, selling copies without their consent has potential legal
> liability.
>
> Please be aware that future listings of this nature can lead to the
> suspension of your account.
>
> Your cooperation in this matter is appreciated.
>
> Kind regards,
>
> Marvin Hunter
> eBay Trust & Safety
> ____________________
>
> Learn more about buying and selling safely on eBay. Visit the eBay
> "Safety Centre" by clicking on the link at the bottom of the eBay
> homepage.
> ____________________
>
>
>
> Original Message Excluded:
> --------------------------









2pm - 20th July 2006
------------------------


> Date: Thu, 20 Jul 2006 14:22:58 -0700
> To: xxxxxxxxx@hotmail.co.uk
> Subject: Re: IV%MM0001 eBay Listing Removed: Unauthorised Copies (Copyright) (=IS &12361 JM13199523) (KMM37711113V30533L0KM)
> From: ukrswebhelp@ebay.com
>
> Hello,
>
> Thank you for taking the time to write to eBay. As a fellow eBayer I can
> understand your concern having the DVD that were selling removed from
> eBay (item number 160007444629).
>
> Items prohibited by eBay Policies are not allowed to be listed on the
> eBay site. For this reason we have ended your listing and credited all
> associated fees to your account. We have also advised your listed
> bidders that the item has been removed.
>
> *****Here's what you can do next:******
>
> 1)Read the ended listings FAQ at:
>
> http://pages.ebay.co.uk/help/confidence/listing-ended.html
>
> Or
>
> 2)Take eBays tutorial on Intellectual Property Policies and VeRO.
>
> http://pages.ebay.co.uk/help/tutorial/verotutorial/intro.html
>
> Unauthorized copies of copyrighted works should not be listed on eBay.
> This includes, unofficial copies of films, TV shows and music on video,
> VCD, DVD, CD, "backup" or "archival" copies of software programmes,
> Software loaded onto a computer hard drive that is not being sold with
> the original media and audio tape potentially infringe the copyright of
> production companies, artists, or record companies.
>
> Since the copyright holder owns the rights to the works and their
> distribution, selling copies without their consent has potential legal
> liability.
>
> ****Please note that future listings of this nature can lead to the
> suspension of your account****
>
> I trust that this information has been useful to you, please don't
> hesitate to let us know if you have any further questions or concerns.
>
> Kind regards,
>
> Ben Ammons
> eBay Trust & Safety
> ____________________
>
> Learn more about buying and selling safely on eBay. Visit the eBay
> "Safety Centre" by clicking on the link at the bottom of the eBay
> homepage.
> ____________________
>
>
>
> Original Message Follows:
> -------------------------
>
> Form Message %43323% 122505
> D_ID072020060657D_ID/W_ID72587446W_ID/S_ID003S_ID
> Subject: IV%MM0001 eBay Listing Removed: Unauthorised Copies
> (Copyright) (=IS &12361 JM13199523)
>
>
> Topics
>
> Message: Can u please tell me wot got removed? how come we nevr got
> prior warning to this??/
>
>
>
>