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OzECruisers General Discussions E/N/D vehicles General Discussion ONLY. NO TECH THREADS

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Old 21-02-2006, 11:20 PM   #1
needfordspeed
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Default Sundeep's car on a ebay ad!? WTF!

http://cgi.ebay.com.au/Car-Fuel-Save...QQcmdZViewItem

Posting on behalf of sunny.

K-Man alerted Sundeep about this ad on ebay with his car in it......how the ИИИИ are fuel saver tablets supposed to work anyway!

Anyways Sunny just wants to know if anything can be done about this, legal action etc etc.

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Old 21-02-2006, 11:24 PM   #2
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thats dodgy.....

IMO, i dont think there'd be much that can be done however.....they obviously got that pic off eseries? or off the forums.....
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Old 21-02-2006, 11:27 PM   #3
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If the pic is posted on a public forum then it becomes public property so to speak....

Personally I would send a query to the seller and say nicely 'remove the car' the owner does not use or support the product and never will...... see how quick the ad disappears :

Last edited by fiery; 21-02-2006 at 11:28 PM. Reason: spelling!!!!!!!!
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Old 22-02-2006, 08:42 AM   #4
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Quote:
Originally Posted by fiery
If the pic is posted on a public forum then it becomes public property so to speak....

Personally I would send a query to the seller and say nicely 'remove the car' the owner does not use or support the product and never will...... see how quick the ad disappears :
This is fact. Once online you effectively give it away for free without copywrite. Only thing to haelp stop this is using thumbprints.

Sunny, your loss. As seller to remove it is the only option.
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Old 21-02-2006, 11:28 PM   #5
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complain to ebay that the image was used with out copyright permission, they'll shut the auction down and question the relevant user.
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Old 21-02-2006, 11:29 PM   #6
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Get ebay to take it down. if you own the car/picture i dont see why that person can use it without asking. Copyright ?
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Old 21-02-2006, 11:33 PM   #7
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The whole copyright issue is a tricky one since the pic is on a public forum meaning anyone can rip it from that forum and use as they see fit to a certain degree.
The advertiser has not claimed the owner or driver of the vehicle has used or intends to use the product being sold... Nor have they claimed that vehicle is theirs...
SO in real terms.. they probably haven't actually broken any rules.

I would seriously try the query thing (it shows up on the site for all to see) and maybe that will have the desired affect !!!!!!!
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Old 21-02-2006, 11:38 PM   #8
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Who realy cares??? I'v had my car at shows and seen pics of it in magizines...Its no different to taking pic of a car across the road...
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Old 21-02-2006, 11:43 PM   #9
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Quote:
Originally Posted by fiery
The whole copyright issue is a tricky one since the pic is on a public forum meaning anyone can rip it from that forum and use as they see fit to a certain degree.
The advertiser has not claimed the owner or driver of the vehicle has used or intends to use the product being sold... Nor have they claimed that vehicle is theirs...
SO in real terms.. they probably haven't actually broken any rules.

I would seriously try the query thing (it shows up on the site for all to see) and maybe that will have the desired affect !!!!!!!
Thats true, however you may find that within the law, he is using Sunny's car to imply that the said car is affected by the said product. Thus for the purposes of advertising, he is committing false and misleading advertising.

Secondly, public forum or not, im pretty certain the laws of public display do not include the use of pictures for the purposes of profit gaining without said intellectual property owner approval.
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Old 21-02-2006, 11:49 PM   #10
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Quote:
Originally Posted by Smoked
Thats true, however you may find that within the law, he is using Sunny's car to imply that the said car is affected by the said product. Thus for the purposes of advertising, he is committing false and misleading advertising.

Secondly, public forum or not, im pretty certain the laws of public display do not include the use of pictures for the purposes of profit gaining without said intellectual property owner approval.

Ok I took a second look because I seriously didn't see where the seller said anywhere that the car in the pic used the product etc...
and I still didn't see it to be honest..
Has the seller claimed the product was used in the car? Has the seller claimed the owner of the car endorses the product? Has the seller claimed the car to be his?

Just a few quick questions??
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Old 21-02-2006, 11:32 PM   #11
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nah, ask for a free sample and take a photo with you holding them..."Sunny approves"
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Old 21-02-2006, 11:40 PM   #12
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If he is using it to make money your entitled to royalties

Im pretty sure it’s the person who takes the photo that has the copyright, not the subject.
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Old 21-02-2006, 11:48 PM   #13
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Seriously though, that guy in the video is a bloody mong.
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Old 22-02-2006, 02:41 AM   #14
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Quote:
Originally Posted by Walkinshaw
nah, ask for a free sample and take a photo with you holding them..."Sunny approves"
^..But then you'd have to give yourself an uppercut for actually having that product in your possession!

Quote:
Originally Posted by Psycho Chicken
Seriously though, that guy in the video is a bloody mong.
^AMEN TO THAT! At least Mr. Sunny's Green falcon was creating me some interest!

What a total n00b, that's also one of the worst ebay ad's I am yet to see..

On a serious note, I really wouldn't want it there, if that was my car. Photographer, shmographer, if the picture illustrates someone or something that belongs to you and you want it taken down, you've gotta do something about it.

Approach the seller in a mature fashion and request it be taken down. Ask eBay, sometimes they have real-time tech support for assistance / advice.

EDIT:
As for your free sample etc, I decided to look this guy up. Have a laugh, err I mean read:

fuel tablets

Last edited by locknut; 22-02-2006 at 02:53 AM.
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Old 21-02-2006, 11:52 PM   #15
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sunny, charge him for displaying the ea on there banner lol
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Old 21-02-2006, 11:55 PM   #16
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It doesnt matter if the product is used on the car or not. He is using an image he does not own the copyright to in an advertisement for a product.
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Old 22-02-2006, 12:02 AM   #17
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forget the car, how does poppin pills into a fuel tank save fuel thats some funky ИИИИ
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Old 21-02-2006, 11:59 PM   #18
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The seller doesnt have to necessarily state it, as i said the use of the picture may imply its application. Its a point of law that you could debate as a merit for a legal case. I should have put this in my orginal post, he may be creating a false and misleading ad, as for the second law, even trickier to interperet but possibly more easily proven.
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Old 22-02-2006, 12:03 AM   #19
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ok fair enough...
I still would have doubts on getting it into a court let alone anything else, but hey.. stranger things have happened I spose!!

I still think sending a 'query' or the 'ask seller a question' thing (what ever you want to call it) would have the desired affect or simply notify EBAY themselves to have the ad removed and seller hassled!!!!!!!!
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Old 22-02-2006, 12:01 AM   #20
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whell has anyone asked sundeeps opinion on the isue???
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Old 22-02-2006, 12:02 AM   #21
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Quote:
Originally Posted by EAman
whell has anyone asked sundeeps opinion on the isue???
Quote:
Originally Posted by needfordspeed
Anyways Sunny just wants to know if anything can be done about this, legal action etc etc.
There ya go
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Old 22-02-2006, 12:02 AM   #22
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Yeah I talked to him, that's the reason I put this thread up, he wants your opinions on what he should/can do.

He doesn't like the idea of his car being used without his permission on a stupid ad like that.
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Old 22-02-2006, 12:05 AM   #23
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id take it off, unless hes asked to display it, then you can talk to them about it, i still wreck he charges him lol if not i wouldnt want my car on something like that

...if he was sellin a turbo or something kewl then wed talk lol
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Old 22-02-2006, 12:07 AM   #24
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Quote:
Originally Posted by -jjM-
id take it off, unless hes asked to display it, then you can talk to them about it, i still wreck he charges him lol if not i wouldnt want my car on something like that

...if he was sellin a turbo or something kewl then wed talk lol

: well yeah I would have to agree with you on that... it does seem a dodgy item!!
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Old 22-02-2006, 12:06 AM   #25
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Well ether way
the car still looks good

sunny You should charge him for the pic
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Old 22-02-2006, 12:08 AM   #26
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sunny'd have to be very careful how he tackled it if he wanted to take legal action.... he is doing a burnout in the pic - it might just bite him on the ***....

i'd just get in touch with the seller and tell him to remove the pic, then get onto ebay and let them know...
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Old 22-02-2006, 12:35 AM   #27
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private broadmedows property there wayne.

Just get him to take the picture down, too much ИИИИing around trying to get money out of them.
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Old 22-02-2006, 01:57 AM   #28
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Alpine took my eBay ad down when I used one of their photos... But I did steal it from their site hahaha...

And Rob, you're right; that guy is a freakin' mong!!
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Old 22-02-2006, 03:01 AM   #29
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i think i took the photo :P
infact its the same one i used to do the vin diesel approves version.
bastard stole my pic!
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Old 22-02-2006, 03:15 AM   #30
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i also highly doubt the pic was found on the forums.
keep in mind burnout pics are not permitted on the forums, and thus wouldn't have been posted.
i wonder if they got it off my site :|
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