Comment Here is what you do (Score 1) 338
First of all forget about all the posturing about the DMCA being bad, so what, copyright is not bad, without it we would not have the GPL.
Now as yourself, if someone was robbing your house would not call the cops?
This guy is breaking the law and stealing from you, do something about it.
Contact a lawyer and get them to write you a letter to ebay requesting the guys address and name as stipulated under the DMCA.
Once that is done contact said laywer again and have them draft a letter to this guy stating that he is in violation of your license and copyright law and that he must remit to you any and all proceeds as damages earned by his illegal use of you intellectual property. This is important, damages help and if he is making money in violation of your copyright he is damaging you. You are entitled to everything he made off you and probably treble or other punitive damages.
If he ignores you file suit in your local court. He may not even be in your state, good, if he does not show you win by default. If he does show the law is on your side.
Do not let him get away with it. There is a good chance a couple letters from a lawyer will be all you need and unless he will settle. Unless he is really stupid this will not get much past the letters.
Remember you are in the right and he is at significant risk, not only monetary, but possible jail time. Use that, and the law.
Copyright violators are breaking the law. Fight for your rights or next time just public domain your work and stop wasting our time.
IANAL.
P.S. I support a repeal of any sections of law that stand in the way of security research, reverse engineering and innovation. However requiring a company like ebay give up a name in cases like this is not bad, it is good. How else will the small author or publisher protect themselves.
Now as yourself, if someone was robbing your house would not call the cops?
This guy is breaking the law and stealing from you, do something about it.
Contact a lawyer and get them to write you a letter to ebay requesting the guys address and name as stipulated under the DMCA.
Once that is done contact said laywer again and have them draft a letter to this guy stating that he is in violation of your license and copyright law and that he must remit to you any and all proceeds as damages earned by his illegal use of you intellectual property. This is important, damages help and if he is making money in violation of your copyright he is damaging you. You are entitled to everything he made off you and probably treble or other punitive damages.
If he ignores you file suit in your local court. He may not even be in your state, good, if he does not show you win by default. If he does show the law is on your side.
Do not let him get away with it. There is a good chance a couple letters from a lawyer will be all you need and unless he will settle. Unless he is really stupid this will not get much past the letters.
Remember you are in the right and he is at significant risk, not only monetary, but possible jail time. Use that, and the law.
Copyright violators are breaking the law. Fight for your rights or next time just public domain your work and stop wasting our time.
IANAL.
P.S. I support a repeal of any sections of law that stand in the way of security research, reverse engineering and innovation. However requiring a company like ebay give up a name in cases like this is not bad, it is good. How else will the small author or publisher protect themselves.
