Sad Face! IMPORTANT NOTICE! by loubie

Last crawled date: 3 years ago

Edit: 28th Feb 2016
Looks as though eBay (or Just3Dprint) have acted - the Just3DPrint shop has no products in it. I would say this is the result of the community pulling together and supporting each other. Well done:-)
Please double check to make sure your items have been removed.
Edit: 25th Feb 2016
Notice from eBay (I sent a DMCA notice on 17th Feb - so it's taken just over a week to process. Given others were informed there is a week backlog, this backs that up).:
---------- Forwarded message ----------
From: vero@ebay.com
Date: 25 February 2016 at 19:45
Subject: VeRO Program -- eBay Listing Removed
To: loubie
Thank you for contacting us.
We are pleased to inform you that the following listing(s) you reported have been removed from eBay in response to the Notice of Claimed Infringement you recently sent:
just3dprint
261964153371
We have notified the seller and all participating bidders that the listing(s) has been removed due to your request.
If the Notice of Claimed Infringement contained items that are not listed above you will receive a separate email communication about those items. These notices may arrive at different times (over a period of up to several hours) as items for different sellers are processed separately.
If you should have any questions or concerns regarding this matter, please do not hesitate to contact us again.
VeRO Program
eBay Trust & Safety
Edit: 24th Feb 2016
Message from Makerbot:
http://www.makerbot.com/blog/2016/02/24/your-rights-when-you-upload-to-thingiverse
EDIT: 23rd Feb 2016
Update from Glitchpudding (Maker Thingiverse community manager):
"I know it has taken some time for me (us) to comment on this, but I assure you it's not because we don't care. We care a great deal, and we're taking the time to deliver the right response in order to avoid the pitfalls that come with delivering a quick one. I assure you that this comment thread is essential reading for us. Thanks, Loubie, for this post for and for bringing it directly to my attention.
You'll hear more from us soon."
EDIT: 21st Feb 2016
Aria has been taken down which is great news, but Sad Face is still sad and blue since so many other makers still have prints of their work up for sale under Just3Dprint's eBay account.
If you have been affected by this then please raise a complaint with eBay using their vero procedure:
http://pages.ebay.com/help/tp/vero-rights-owner.html
Why is Sad Face so sad?
An eBay seller has taken multiple (2K+) models and photographs from Thingiverse (and possibly other sources) and is selling prints of the models for profit and using the photographs(or just screenshots of the thing view) to advertise them.
http://www.ebay.com/usr/just3dprint?euid=d24089406c0a43cb82bef714707a11ca&cp=1&exe=12792&ext=32580&sojTags=exe=exe,ext=ext
They had done just this with my model Aria the Dragon (for Dual extrusion):
http://www.thingiverse.com/thing:767823
Here is the listing:
http://www.ebay.com/itm/261964153371?euid=5be5a7af4ed349ec87a18cad7c671875&cp=1
I sent them a polite message via eBay asking them to take it down and this is the response I received:
"When you uploaded your items onto Thingiverse for mass distribution, you lost all rights to them whatsoever. They entered what is known in the legal world as "public domain".
The single exception to public domain rules are "original works of art".
No court in the USA has yet ruled a CAD model an original work or art.
Therefore, you have no right to exclude others from utilizing the CAD models you have uploaded.
Furthermore, if in the future we do get a precedent in the USA for establishing CAD models as "original works of art", we would still likely be just fine as we are not re-selling your CAD models, but rather "transformative" adaptions of them in the form of 3D printed objects.
SFE
P.S. When you created these CAD files, did you really want to limit the amount of people who could enjoy them to the 0.01% of the USA with a 3D Printer? 100% of America can purchase the items from us at a reasonable cost and enjoy them-creating made in the USA jobs in the process as well. Furthermore, if you hate the idea of people profiteering from your work, you may want to take it up with Makerbot/Stratasys who only hosts Thingiverse for AD revenue, to sell more 3D printers."
I have created "Sad Face" to highlight this problem and so that other makers can check to see if their work has been taken.