"eBay's losing money too - we're supposed to be partners. Vernor said he believes eBay should have gone after over-reaching VeRO members. Pilutik wrote, "despite their impressive list of victories, Meadors and Dudnikov continue to receive VeRO takedown notices and continue to file federal actions to force reinstatement of their eBay listings." According to Pilutik's article, eBay sellers Meadors and Dudnikov have sued and forced favorable settlements from Disney, M&M/Mars, Major League Baseball Properties, Shabby Chic, Robert Yates Racing, United Media (Peanuts), Vittoria North America, Wiggles Touring Pty Limited, Sanrio, Weight Watchers, and Fleurville. Vernor said he is unaware of other eBay sellers who have sued eBay VeRO members aside from Michael Meadors and Karen Dudnikov. "These realities lead to rampant overreaching by VeRO members." Pilutik said this rarely occurs partly because sellers are legally and financially mismatched against the more leveraged rights holders. In his article published in the New York State Bar Association's "Bright Ideas" in the Spring, he wrote, "When an eBay seller receives a VeRO takedown notice and fails to successfully argue the legitimacy of the sale to either eBay or to the rights owner, its sole recourse, aside from simply eating the loss and moving on, is to sue the rights holder." Scott Pilutik studied eBay's VeRO program, which is set up to handle complaints from intellectual property rights-holders, last year as a law student. He said if he loses, he would likely be forced to pay Autodesk legal fees, which could be in the hundreds of thousands of dollars. Vernor is representing himself in the lawsuit. Vernor said eBay restricted his account for one month as a result. Vernor claims the software maker used the digital millennium copyright act to have his listings for Autocad Release 14 software removed from eBay on five occasions. EBay seller Timothy Vernor filed a lawsuit against Autodesk Inc.
0 kommentar(er)
