Emily ([info]emilyjohnston) wrote in [info]knitting,
@ 2006-05-29 12:12:00
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Possibly copyright infringement?
I just bought this e-book and noticed that they have included the pattern for Knitty's Haiku, along with Knitty's Daisy (which is actually shown on the item listing, although I didn't recognize it until I started going through other Knitty patterns). Does anyone happen to know whether these reprints are authorized before I email the original pattern creators? Two of the patterns in the booklet are credited as "reprinted with permission," but not the ones from Knitty. There are 20 patterns total, and I'd hate to think that any of them were ripped off!

The ebay seller is goldskyuk. Thanks!

EDIT: If anyone happens to have a link (or would like to find it for me) for reporting copyright infringement to eBay, I would appreciate it. I am drafting an email to the designers of the patterns and would like to include that information as a convenience. I'm in the process of finding email addresses for all the patterns, so this would be a huge help!

ANOTHER EDIT: I have received actual human email back from eBay, and while they seem a bit confused as to the actual situation (they keep referring to other eBay sellers being ripped off), hopefully I have clarified enough that they get the picture. I have also asked for the best way for the infringees to notify eBay and will email it out if/when they respond. If anyone can identify the preview photos in the auctions that are still up, I would HIGHLY recommend emailing the designers (or let me know and I'll do it, since I'm on a roll anyway!)

EDIT 2: I reported this item to eBay, and left negative feedback for the seller indicating the copyright violations. I also sent the following email to all the designers (which seemed easier than sending individual emails). If there are any other suggestions, let me know!
All,

I recently purchased an "e-book" (downloadable PDF document) of baby cardigan patterns from eBay seller goldskyuk. Once I downloaded the booklet, I realized that I was familiar with a couple of the patterns, which are available for free online. None of the patterns were attributed, and details such as the names of the patterns and specific yarn recommendations had been removed from most of them, which seemed odd.

With a bit of googling, I was able to identify all of the patterns, which are linked below. I have confirmed that at least one of the patterns was used without permission, and several of the sites linked below include explicit copyright information that leads me to believe that rights were not granted to this seller. If you did not authorize this use of your pattern, I encourage you to report them to eBay (and issuing a Cease & Desist letter directly to the seller may be advisable as well).

I have also included links to the "e-book" auction in question and the eBay seller, and the auto-response from eBay when I reported the item. Photos used in the booklet were taken directly from the websites linked below, and the patterns are quoted almost verbatim (with certain omissions as I explained above).

If you have any questions, please do not hesitate to contact me.

Emily Johnston (emily@emilykatt.com)

Online booklet: http://cgi.ebay.com/20-Knitting-Patterns-for-Baby-Cardigans-Vol1-Ebook_W0QQitemZ8289368682QQcategoryZ41238QQrdZ1QQcmdZViewItem
GoldskyUK link: http://search.ebay.com/_W0QQfgtpZ1QQfrppZ25QQsassZgoldskyuk

Patterns included in booklet (items are named as "Baby Cardigan 1," etc):

Baby Cardigan 1: http://www.geocities.com/joyjannotti/babycardiganpattern.html
Baby Cardigan 2: http://www.knitlist.com/01gift/garter-baby-cardigan.htm
Baby Cardigan 3: http://www.wam.umd.edu/~brwb/GarterSt.html
Baby Cardigan 4: http://magazines.ivillage.com/goodhousekeeping/myhome/decorate/articles/0,,284548_679697-6,00.html
Baby Cardigan 5: http://www.bbc.co.uk/stoke/my_pages/babywear/hkp/011.shtml
Baby Cardigan 6: http://www.bbc.co.uk/stoke/my_pages/babywear/hkp/026.shtml (this pattern did indicate that it was reproduced with permission by Julia Rees on behalf of Ray of Hope)
Baby Cardigan 7: http://www.bbc.co.uk/stoke/my_pages/babywear/hkp/029.shtml (this pattern did indicate that it was reproduced with permission by Paulene Sibley on behalf of Ray of Hope)
Baby Cardigan 8: http://www.minidata.co.nz/major/freepatt/patt04.htm
Baby Cardgian 9: http://www.ornaghi.it/modelli_en/pisolo_coprifasce_righe.htm
Baby Cardgian 10: http://www.ornaghi.it/modelli_en/pisolo_coprifasce_azzurro.htm
Baby Cardgian 11: http://www.knitty.com/ISSUEfall02/PATThaiku.html
Baby Cardgian 12-14: http://www.knitty.com/issuesummer03/PATTdaisy.html
Baby Cardgian 15: http://www.coatsandclark.com/fun_and_free/knit_out_2003/lw1371.htm
Baby Cardgian 16: http://www.coatsandclark.com/fun_and_free/yarn/lw1330.htm
Baby Cardgian 17: http://www.geocities.com/finkatt/lacy.html
Baby Cardgian 18: http://www.craftown.com/knit/knit47.htm
Baby Cardgian 19: http://www.ptyarn.com/babycardiganset.html
Baby Cardgian 20: http://www.islandnet.com/knitware/freep01.htm

Response from eBay, including links:

Thank you for your report.

We would like to let you know that we have received your email and we
will thoroughly investigate the information you have provided.

Please keep in mind that the reasons for actions taken or not taken on a
specific listing are confidential and between eBay and the seller. We
will not be able to keep you informed of any developments for legal
reasons, but we assure you that we will thoroughly examine this
information. We will take the appropriate action for each individual
case, which may involve removing an item or simply issuing a warning.

If you believe an item is potentially infringing and it was not removed
by eBay, we encourage you to contact the rights owner and inform them of
the alleged infringement. Rights owners may request the removal of
listings they feel infringe upon their rights through eBay's Verified
Rights Owner (VeRO) Programme.

If you would like to see information provided by the rights owners about
items that may infringe their rights including how to contact them,
please visit our list of VeRO Programme participant About Me pages.

http://pages.ebay.com/help/community/vero-aboutme.html

If you are a rights owner and would like more information regarding the
VeRO Programme, please visit:

http://pages.ebay.co.uk/help/community/vero-program.html

Please do not respond to this email. If you reply to this message we
will not receive your email. All communications regarding Rules and
Safety should be sent to the link provided below:

http://pages.ebay.co.uk/help/contact_inline/index.html

We appreciate your concerns, and we thank you for helping to keep
ebay.co.uk a safe and enjoyable trading community.

Best wishes,

The ebay.co.uk Community Watch Team




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[info]cool_chick
2006-05-29 06:19 pm UTC (link)
Well, the listing you linked to has the following in small print "* I have been granted resell or master resell rights. This listing also fully conforms with the compilation and international media policy and the downloadable media policy."

The seller does state that they have resell rights, but I don't think it would hurt if you contacted the seller to ask about it or the pattern's authors.

(Reply to this) (Thread)


[info]kathrynt
2006-05-29 11:43 pm UTC (link)
Given that the designers aren't credited and that the original names for the designs aren't used, I'm finding that. . . suspicious. . . at best.

(Reply to this) (Parent)


[info]polythene_pam
2006-05-29 06:19 pm UTC (link)
It does say * I have been granted resell or master resell rights. This listing also fully conforms with the compilation and international media policy and the downloadable media policy. on the item page, but I don't know how honest that is.
If you're really worried, let knitty know.

(Reply to this) (Thread)


[info]emilyjohnston
2006-05-29 11:27 pm UTC (link)
I'll email the designers. I mentioned below that none of the patterns are named and there are no designers mentioned, which seems odd. Otherwise, I'd assume it was all on the up and up.

(Reply to this) (Parent)


[info]hottoastermama
2006-05-29 06:20 pm UTC (link)
I'm not sure, but I've seen all the patterns shown on that site as free knitting patterns on the internet.

(Reply to this) (Thread)


[info]sternel
2006-05-30 01:57 am UTC (link)
If you mean Knitty, they do not charge for patterns, but the copyright still resides with the creator -- you can use the pattern for personal use, but you can't sell an item you make from it, and you definately can't resell someone else's copyrighted work as your own.

(Reply to this) (Parent)(Thread)

(no subject) - [info]hottoastermama, 2006-05-30 05:12 am UTC
(no subject) - [info]sternel, 2006-05-30 05:15 am UTC
(no subject) - [info]emilyjohnston, 2006-05-30 05:36 am UTC
(no subject) - [info]hottoastermama, 2006-05-30 10:11 am UTC
(no subject) - [info]moniqueleigh, 2006-05-30 07:23 pm UTC
(no subject) - [info]sternel, 2006-05-30 07:54 pm UTC
(no subject) - [info]moniqueleigh, 2006-05-30 10:10 pm UTC

[info]ladyfrailty
2006-05-29 06:21 pm UTC (link)
I'd email both the designers, as well as Amy, the Knitty editor.

I really doubt that the seller got permission to sell patterns that are offered on the internet for free.

(Reply to this) (Thread)


[info]rincaro
2006-05-29 06:47 pm UTC (link)
I would definitely e-mail Amy.

(Reply to this) (Parent)(Thread)

(no subject) - [info]kathrynt, 2006-05-29 07:23 pm UTC
(no subject) - [info]emmacrew, 2006-05-29 07:45 pm UTC

[info]kathrynt
2006-05-29 07:44 pm UTC (link)
Here's a thought. Are the pattern designers listed in the book? Is there a bio for anyone?

(Reply to this) (Thread)


[info]emilyjohnston
2006-05-29 11:25 pm UTC (link)
Nope - it's just a PDF doc and there are no designers listed at all, which is why it seemed odd. Also, none of the designs have names - just Baby Cardigan 1, etc. I'll email the designers of the patterns that I've recognized and see what's up. If they didn't give permission, then I might pull screenshots of the other designs and post them here, to see if the rest can be identified so that the designers can be notified, as well as contacting eBay.

It might all be fine, but there are some big red flags for me and I'd rather not have my money going toward copyright infringement!

(Reply to this) (Parent)(Thread)

(no subject) - [info]kathrynt, 2006-05-29 11:35 pm UTC
(no subject) - [info]emmacrew, 2006-05-29 11:36 pm UTC
(no subject) - [info]emmacrew, 2006-05-29 11:37 pm UTC
(no subject) - [info]emmacrew, 2006-05-29 11:39 pm UTC
(no subject) - [info]emilyjohnston, 2006-05-29 11:46 pm UTC
(no subject) - [info]kathrynt, 2006-05-29 11:47 pm UTC
(no subject) - [info]emilyjohnston, 2006-05-29 11:54 pm UTC
(no subject) - [info]emmacrew, 2006-05-29 11:51 pm UTC
(no subject) - [info]emilyjohnston, 2006-05-29 11:54 pm UTC
(no subject) - [info]kathrynt, 2006-05-29 11:37 pm UTC
(no subject) - [info]emilyjohnston, 2006-05-29 11:43 pm UTC
(no subject) - [info]kathrynt, 2006-05-29 11:44 pm UTC
(no subject) - [info]emilyjohnston, 2006-05-30 12:10 am UTC
(no subject) - [info]kathrynt, 2006-05-30 12:54 am UTC
(no subject) - [info]emilyjohnston, 2006-05-30 01:01 am UTC
(no subject) - [info]kathrynt, 2006-05-30 01:03 am UTC

[info]a_u_n_t_i_e
2006-05-30 12:15 am UTC (link)
(Hi, longtime lurker, etc. etc. Yes, it takes copyright infringement to lure me out of hiding.)

I can't speak for other people, but I purchased a copy of the "summer tops" PDF from this seller after I saw Emily's post. One of my patterns (this one) is in there. In fact, the seller is using my torso (circa 6 years ago) in his eBay listings. And I most certainly did not give permission for this, contrary to the seller's claim about having licenses.

I'm crafting my cease-and-desist e-mail right now, to send before I get to work on the eBay DMCA policies.

(Reply to this) (Thread)


[info]emilyjohnston
2006-05-30 12:22 am UTC (link)
Oh, thanks for the confirmation (but very sorry about your pattern!) It sounds like we're on the right track. Let us know if you get any response from the seller...

(Reply to this) (Parent)


[info]cuidado_llamas
2006-05-30 12:25 am UTC (link)
Well, well. I recognize two of the tops inthis auction from Berroco and Craftster.

(Reply to this) (Thread)


[info]emilyjohnston
2006-05-30 12:27 am UTC (link)
You know, I love how they've claimed copyright all over the auction page. Asswipes.

(Reply to this) (Parent)(Thread)

(no subject) - [info]cuidado_llamas, 2006-05-30 12:30 am UTC
(no subject) - [info]cuidado_llamas, 2006-05-30 12:36 am UTC
(no subject) - [info]a_u_n_t_i_e, 2006-05-30 01:10 am UTC
(no subject) - [info]emilyjohnston, 2006-05-30 01:14 am UTC
(no subject) - [info]a_u_n_t_i_e, 2006-05-30 02:38 am UTC
(no subject) - [info]a_u_n_t_i_e, 2006-05-30 02:40 am UTC
(no subject) - [info]cuidado_llamas, 2006-05-30 02:49 am UTC
(no subject) - [info]cuidado_llamas, 2006-05-30 12:50 am UTC
Wow
[info]zimknits
2006-05-30 01:07 am UTC (link)
I looked through that guys listings and recognized most the patterns shown from OTHER sources. Indeed most of them appear to be free patterns availible elsewhere. What a jackass. I hope ebay fries his ass. I also find it interesting that 2058 people gave him 100% rating.. Did no one notice this before? jeez.

(Reply to this) (Thread)

Re: Wow
[info]emilyjohnston
2006-05-30 02:36 am UTC (link)
I know. I just gave a negative feedback specifically mentioning copyright infringement and free online patterns (so hopefully people who don't give a crap about copyright will at least not want to buy something that's already free).

(Reply to this) (Parent)(Thread)

Re: Wow - [info]kathrynt, 2006-05-30 06:58 pm UTC
Re: Wow - [info]schizospider, 2006-05-30 08:19 pm UTC
Re: Wow - [info]emilyjohnston, 2006-05-31 01:53 am UTC
Re: Wow - [info]dianak, 2006-05-31 03:39 pm UTC

[info]ohsochewy
2006-05-30 01:38 am UTC (link)
Have you contacted eBay to suspend the sale yet?

(Reply to this) (Thread)


[info]emilyjohnston
2006-05-30 01:45 am UTC (link)
Not yet. I just got an email from Stephanie confirming that she did NOT give permission for her pattern, so I will be contacting them shortly!

(Reply to this) (Parent)


[info]foreststryfe
2006-05-30 03:07 am UTC (link)
What is eBay's policy on international copyright law? The seller is in the UK...

(On another note, the afghan patterns ebook they're selling is all available for free online as well...)

(Reply to this) (Thread)


[info]foreststryfe
2006-05-30 10:26 am UTC (link)
N/M, read Jenna's cease & desist.

Unfortunately, leaving bad feed back means you get back feedback, not matter how right you are. -.-

(Reply to this) (Parent)(Thread)

(no subject) - [info]emilyjohnston, 2006-05-30 04:29 pm UTC

[info]autoharp
2006-05-30 03:25 am UTC (link)
Jenna (girl from auntie) is one of those who's patterns were stolen by this person... and she's a copyright lawyer.

I think this is under control :D
http://www.girlfromauntie.com/journal/index.php/2006/the-lawyer-who-represents-herself/

(Reply to this) (Thread)


[info]sparkymonster
2006-05-30 03:16 pm UTC (link)
she's seen this post and resopnded

(Reply to this) (Parent)


[info]greeneyedpagan
2006-05-30 06:06 am UTC (link)
Wow. I am very impressed. While I have not published any knitting patterns, I have published many things, and dealt, in my time, with copyright infringement. Evil bastards, that is what they are, the ones who steal other people's work, or misrepresent permissions.
Kudos to all of you working on this, and especially to you, OP, for figuring this out and jumping on it with such veracity.
And to all the designers - I'm so sorry that this has happened to you (I'm guessing, however, that this isn't the first time for any of you, the internet being what it is, and human nature, as well, being what it is).

(Reply to this)


[info]_kelbel
2006-05-30 06:59 am UTC (link)
Thanks for the hard work and the heads up on the copywright infringement! It's a sad day when people take such advantage of others like this. For shame! There are so few free patterns out these days, and they are always greatefully accepted by the community. It's a gift made for the love of the craft- designers don't have to give it away for free, but they do. People like that ebay seller just ruin it for the rest of the great designers (up-and-coming and established alike) and knitters. Boo hiss!

(Reply to this)


[info]queencallipygos
2006-05-30 03:51 pm UTC (link)
It's a bit of a tangent, but I just had to say -- I think I have finally met someone whose Google-fu outdoes mine. You are my hero.

(Reply to this) (Thread)


[info]emilyjohnston
2006-05-30 04:44 pm UTC (link)
Heh. There was actually only three or so that were hard - the rest had unique enough phrases that they popped right up. I did have the actual patterns in front of me - not just the pictures! But thanks :)

(Reply to this) (Parent)


[info]emmacrew
2006-05-30 04:16 pm UTC (link)
Thank you so much for the effort you put into this. The power of [info]knitting, harnessed for good! :-D

(Reply to this) (Thread)


[info]danielavision
2006-05-30 07:08 pm UTC (link)
Em... did you design a tea cozy pattern? There's one in this listing: 8219253750

(Reply to this) (Parent)(Thread)

(no subject) - [info]emmacrew, 2006-05-30 07:39 pm UTC

[info]kightp
2006-05-30 04:55 pm UTC (link)
Coming into this late (having been out of town for the weekend) to add my congratulations and thanks to [info]emilyjohnston and every one else who rose to the occasion on behalf of copyright holders. This is a great example of the power of on-line networking.

(Reply to this)

HAHAHAHAHA
[info]zimknits
2006-05-30 06:42 pm UTC (link)
Read the comment the guy/girl left Emily on her feedback. "Poor Ebayer that won't notify seller of problems" or something like that. What a fucktard. And the response to her comment "Why didn't you notify me of this by email"..

Worst thing is, I see that person has had about 8 other people buy those books AFTER Emily left that negative feedback. Sheesh.

(Reply to this) (Thread)

Re: HAHAHAHAHA
[info]emilyjohnston
2006-05-31 01:33 am UTC (link)
What a moron. Dear Seller, Your auction is illegal. I'm sure you didn't know and it was all a mistake. Love, Emily.

(Reply to this) (Parent)(Thread)

Re: HAHAHAHAHA - [info]zimknits, 2006-05-31 10:16 pm UTC

[info]danielavision
2006-05-30 06:57 pm UTC (link)
He replied to you already on his comment page... I looked through his ebooks to see if he used Cozy... didn't see it specifically (and I am not going to give him my money) but there is a 'diamond pattern shawl' that I'm curious about.

(Reply to this) (Thread)


[info]kathrynt
2006-05-30 06:59 pm UTC (link)
he NEVER uses the original names of the patterns.

(Reply to this) (Parent)(Thread)

(no subject) - [info]danielavision, 2006-05-30 07:07 pm UTC

[info]a_u_n_t_i_e
2006-05-30 08:21 pm UTC (link)
I'd like to thank you all, and especially Emily, for bringing this to my attention (and consequently causing it to be brought to the attention of other publishers or authors whose works were copied in this seller's PDFs). At last count, there were about three or four cease-and-desist e-mails either sent or in preparation; at least one VeRO complaint faxed in to eBay, and another on the way (not certain how long it will take to have effect); and I'm not certain how many non-rightsholder user complaints submitted to eBay. And a bunch of people watching his auctions now.

Regrettably, with huge positive feedback numbers on eBay, one or two negative comments doesn't have much of an impact (the percentage rating that's shown in an item listing gets rounded up), and even in a situation like this, some buyers aren't going to be dissuaded from making a purchase based on a concerned citizen's statement that the product comprised a copyright infringement. For 1.50 GBP, they'd probably turn a blind eye. Or not look at detailed feedback at all.

(But I'll add that when they go to knit up some of these patterns, they may be dissuaded from buying from him in future. The patterns were edited to remove reference to yarn brands, so many patterns are lacking sufficient information about yarn quantities, and just give a number of 50g balls and a gauge.)

We do what we can with the resources and time that we have, and you guys all rock.

(Reply to this)


[info]ditzycadet
2006-05-30 09:49 pm UTC (link)
as of 4:45pm CST, he has removed the summer top and the baby cardi books from his ebay shop.
http://stores.ebay.co.uk/GoldskyMedia_Knitting_W0QQcolZ4QQdirZ1QQfsubZ357931QQftidZ2QQtZkm

but still has childrens hats, ladies cardigans, and boleros.

(Reply to this) (Thread)


[info]katinkorea
2006-05-31 04:21 am UTC (link)
Baby cardigans ebook is on the US ebay site:

http://cgi.ebay.com/20-Knitting-Patterns-for-Baby-Cardigans-Vol1-Ebook_W0QQitemZ8289178603QQihZ020QQcategoryZ41238QQrdZ1QQcmdZViewItem

(Reply to this) (Parent)


[info]katinkorea
2006-05-31 04:12 am UTC (link)
As someone who does a lot of sales on ebay I find this very interesting. For one, the ebooks are not going for very much money but there is over 2000 feedback ratings, so this all adds up. Seems to come to be $4K or $5,000 US dollars. And this is not counting the people who didn't leave feedback, which is often 50% to 75% of sales depending on the product.

I'm surpised no one else found the information they are offering for free... on this website it shows only one other buyer knew of this:

http://toolhaus.org/cgi-bin/negs?User=goldskyuk&Dirn=Received+by&Many=ON

The sad thing is that copywright laws are often a small slap on the wrist and it's hard to say if anything will be done. It would be great if everyone could email ebay and try to get him at least suspended... especially the designers. If he has to start from scratch again with another ID with no feedback at least he might find something else to do. I would bet that before selling these patterns he was one of those types to sell information on get rich quick schemes, very sleazy.

(Reply to this)


[info]katinkorea
2006-05-31 04:20 am UTC (link)
I forgot to add... at least this person is not a powerseller, meaning they make at least $1,000 a month on their sales. Maybe we could start an email that we could sign our name to, along with a link to send a complaint to ebay? Or a petition?

(Reply to this)


[info]merowme
2006-05-31 07:54 am UTC (link)
Great job on all the work you've done. He's still got some books out for sale. A lot of Vintage pattern books and still getting great reviews for fast service. I would think that the Vintage patterns which actually say which company they are from would be copyrighted and not available for him to do this with but I don't know that much about international or internet copyright laws.

I'm surprised that EBAY hasn't slammed him shut yet.

(Reply to this)


[info]merowme
2006-05-31 07:59 am UTC (link)
and this one

http://cgi.ebay.co.uk/20-Knitting-Patterns-for-Baby-Cardigans-Vol1-Ebook_W0QQitemZ8289669125QQcategoryZ41238QQcmdZViewItem

(Reply to this)


[info]helianthas
2006-05-31 04:08 pm UTC (link)
this guy is raking in the bucks....

(Reply to this)


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