Who were the victims?
Richar Price, Anita Diamant, Lisa Gardner, Robert J. Shiller, Danielle Steel, Anne Tyler, Bill O'Reilly, Allison Pataki, Kristin Hannah, Jeffrey Archer, Susanna Kearsley, Jacqueline Winspear, Bonnie Biafore, Debbie Macomber, Helen MacDonald, George Hodgman, Stephen King, Dorothea Benton Frank, Joseph Finder...
In other words, a VERY wide selection of anyone whose book the fake KINDLE STORE owner thought could be easily stolen and copied.
This was happening on EBAY, with offices in Utah and California.
We're not talking about elusive torrents in Croatia or Sweden run by scofflaws.
TODAY, I can report that the fake KINDLE STORE is NO MORE.
Several authors filed complaints. It's possible that Amazon also did, tossing the final A-bomb.
Yes, there are still some weasels on the site right now, but none as bold and brazen as this seller was.
But how did this eBay account stay in business for so long?
The answer is that authors were not paying attention and the seller used a ridiculous caveat that EBAY allowed. Here's a typical ad.
You'll note the caveat loaded with lies:
"The eBook does not infringe on any eBay or Vero Rules...I am within my legal rights to resell this e-Book..."
"I am either the Author, the copyright holder, or an authorized reseller, or this item is in public domain..."
"I will send this item by postal mail. Sendint it my email...violates eBay policy."
Over the past months, some parasites and maggots on eBay have refined their games with the above caveat. This is because it IS against eBay rules to use "digital downloading," and anyone, include fans of an author, could use the "report this item" link to have the auction removed.
By claiming to have permission, and pretending to not use digital downloading, only the author, agent or publisher can report an auction and have it removed.
I literally called eBay on this. Ebay, of course, is infamous for hiding behind the Digital Milennium Act, and the line, "we are JUST a venue."
But, to do them justice, they will often see through a blatant ad that simply says "This auction does not violate rules" when it does. Ebay personnel will often note that an illegal book auction from Sri Lanka or Kenya can't possibly involve sending the item by mail when the cost of postage is more than the winning bid.
But in this case, when I called eBay, I got somebody who wasn't listening.
I asked an eBay employee (you can only reach the lowest level with an ordinary phone call) how this seller could be legit when the feedback included such lines as "I was able to download the book" and "The download link worked just fine."
The eBay employee: "That's not enough evidence for us."
So the seller could only be stoppoed by a copyright holder filing a complaint.
Guess who DIDN'T notice the ads and DIDN'T send in a DMCA month after month?
Yes, this seller, pretending to be some kind of affiliate of Amazon's KINDLE store, was pocketing as much as $10 per title.
For month after month, this seller got away with it, based on an inane loophole and authors and publishers not paying attention, assuming that eBay patrols its site (which it does not).
The seller was able to sell 40 or more "bargain" dupes of over 60 authors' works. Two examples:
Ebay bootleggers have it easy. They just go to the "usual" torrent sites (Kickass, Demonoid, Pirate Bay) or hidden forums, download the latest best sellers, and then duplicate them for profit. 40 copies of Larson's book at $7.49. Multiply that by over 60 titles this seller had before being shut down. How many termites does it take to destroy a home?
What extermination method was used to stop this abuse?
Using Twitter, a dozen authors were alerted to the problem with links to the eBay ads. AND, several e-mails were sent to Amazon advising them that since they own trademark on KINDLE, and have deals with all the authors, they CAN and SHOULD protest the abuse. While authors were losing a dollar or two in royalties, Amazon was losing a full $10 or $12 on each theft, and there were thousands of them.
Yes, Amazon can absorb the loss of $10,000 worth of sales with an eBayer taking home $7,000 or so instead. But "it's the principle of the thing." And the more it happens, the more eBay sellers will do it. And the publishing world is in enough trouble. And aren't writers and publishers a little smarter than the record labels and rock stars that let their industry collapse and let Tower Records and the other stores go out of business due to piracy?
While right now on eBay you're likely to find the top authors (Patterson, Rowling, Clancy, James, King) being bootlegged with "every book for $7.99" via download or a CD, DVD or thumb drive, even mid-level authors are being abused and it's up to them and their publishers to give eBay a look once a week and file a VeRO (verified rights owner) stoppage.
It's easy. All eBay requires is that someone in authority (author, agent, publisher) sign a form which is then on file in eBay's VeRO division. After that, all that's needed is the auction number submitted by e-mail or fax to VERO@EBAY.COM. Item is removed, usually within 24-48 hours.
The good thing about eBay, versus the torrents or forums, is that it's not "whack-a-mole." Sellers DO get suspended (case in point here). Once suspended it's not easy to get back. Unlike Google's "Blogspot" for example, eBay requires sellers to use a valid credit card. After a suspension, it's not difficult to match up the offending seller's phone number and address and other information, or see that the seller is bootlegging the same items again. Most don't even try.
A big THANK YOU to the authors and/or Amazon for putting the nail into the coffin of a parasitic vampire who had been rolling along for many many months, making thousands of dollars off other peoples' work.
This seller had 64 titles online a few days ago.
Today?
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