Members Shelly Posted March 5, 2010 Members Report Posted March 5, 2010 Just so everyone knows what happened to me - this pic of the reining saddle I made for one of my customers was posted by Louis on Ebay some time back - I was alerted to this by a friend that recognized my work. The saddle was listed as having been made by Louis, and was for sale on the auction, and had already had a number of bids on it. So, I turned the whole thing in to the powers that be on Ebay...figuring the matter solved. Anyway, since Louis lives here in Texas, and I do as well, I will probably talk to my lawyer about what I can do about what has already been done to me...I think it will be even easier to deal with fraud when it doesn't cross state lines...but, then again, doesn't this become a federal matter when it does cross state lines?? I have also had sellers on Ebay use links to my website as proof that used saddles they were selling were made by me - because one of these factory saddles had a makers stamp of 'MJ' on it...I had a nice conversation with the girl that purchased said saddle on the auction, as she had gone to my site, was thrilled at the workmanship she saw there, thinking this saddle would be great for what she was going to do with it, even tho it was older. I assured here that one glance at the first pic was all I needed to tell her 'no, not mine'...she promptly sent off an email to the seller to tell her the good news, and the seller sent me a scathing email about the whole affair! I sent her an email that basically invited her to discuss her problems with my lawyer, as she was, at the very least, misrepresenting her items for sale, at the most, she was defaming my character and reputation! And I told her she should do a little more research, and she very well could have sent me a note and a few pix, just as her buyer did, to verify whether that saddle was something I made or not - just taking it for granted doesn't fly! My daddy always told me...."If it looks like a duck, quacks like a duck, and acts like a duck...." you get the picture! Louis can apologize all he wants, but he's been at this for quite some time, and I'm sure his remorse is more for being caught with his pants down, than because he truly is sorry about his actions!! Quote Shelly
Members LCSADDLERY Posted March 6, 2010 Members Report Posted March 6, 2010 Shelly,I like to know what its the saddle did you mention I copy from you.Some people in this Great web site Look like the only in the world making saddles,I can pay for layer but that ist not the point,If you attack Me The natural respon.its defen.Some of you act like the only saddlemaker and the whole world.What you company name or you saddle shop.There is to many people asking me about making a saddle like that from any or other comany I CANT SEE THE TRADE MARK ON DESIGNS. In any type of work always admired the work of a colleague is doing the same or better.I accept my mistake with steve, but neither have I committed a murder, a thousand times pronuciare admire many saddlemaker best-known network kabatoff darcy, steve mason, jeremiah watts, if your point is to destroy my reputation go head on ebay, is not the whole horse industry, the people in the whole world its very smart,very smart sonner or later I will show to more and more people my saddle and my work Im not the best saddlemaker There a bunch out there,they really are SUBLIME work ther are not here They hit the market with REAL super quality saddle I invitie you If I offent you in any way Please accept my alologize. Quote
Members LCSADDLERY Posted March 6, 2010 Members Report Posted March 6, 2010 Of the problems that had recently with dif.saddlamerks and with the illness of my wife, I feel that my world ended for me, my apologies are from my heart. I have no words to continue to express as much as I feel,HOPE GOOD FORGIVE ME for all that people I have offended Louis Carrillo SM Quote
Members LCSADDLERY Posted March 6, 2010 Members Report Posted March 6, 2010 aAre you hiting me to Dennis,IN the name of god with all this problems I got NOW MY wife with the cancer,The economi situ. And a bunch of PROBLEMS now this I respect you,I do my own work And I was and try to learn from you,any body else here no Problem but you???????? Bye the way I can prove My wife its sick and alot of problems to,Maybe next time All people here mention Im palying with the healt of my wife too. CANT BE Louis Carrillo Quote
Elton Joorisity Posted March 6, 2010 Report Posted March 6, 2010 I'm pretty sure the Wade is a Rafter W saddle. Quote "If you see your stirrups slap together above the saddle horn, you're probably bucked off" Dave Stamey, The Bronc Ballet
Moderator Johanna Posted March 6, 2010 Moderator Report Posted March 6, 2010 Louis, quit playing the sick wife card. The fact is that everyone here knows that they can look at a picture and instantly tell if it is their work or someone else's, and they expect you to be able to also. Substituting their work for yours is politely called "fraud", and it is simply not acceptable in the elite saddlemaker community. These men and women make saddles they are proud of, and wouldn't dream of stealing someone's pictures or trying to take credit for someone else's work. They are justifiably angry at you for stealing, and misleading customers. No one here wishes ill on your wife, in fact I'd bet a dollar some of the people who are disgusted with you, prayed for her. Do NOT use other people's pictures EVER without their permission. Remember that, and maybe in a long time, after people see you change your ways, they might not be so quick to lash out. But to say it's not your fault and times are hard, well, everyone here knows that for exactly what is is. Bull Kukka. You made the decision to misrepresent yourself, and to cash in on the value of someone else's hard earned skill, and that doesn't fly here. When this matter was discussed by the staff, it was decided to let you stay until everyone was done chewing on you and satisfied. Fair warning- your membership status here is tentative. Johanna Quote You cannot depend on your eyes when your imagination is out of focus. - Mark Twain
Members RWB Posted March 6, 2010 Members Report Posted March 6, 2010 Louis, quit playing the sick wife card. The fact is that everyone here knows that they can look at a picture and instantly tell if it is their work or someone else's, and they expect you to be able to also. Substituting their work for yours is politely called "fraud", and it is simply not acceptable in the elite saddlemaker community. These men and women make saddles they are proud of, and wouldn't dream of stealing someone's pictures or trying to take credit for someone else's work. They are justifiably angry at you for stealing, and misleading customers. No one here wishes ill on your wife, in fact I'd bet a dollar some of the people who are disgusted with you, prayed for her. Do NOT use other people's pictures EVER without their permission. Remember that, and maybe in a long time, after people see you change your ways, they might not be so quick to lash out. But to say it's not your fault and times are hard, well, everyone here knows that for exactly what is is. Bull Kukka. You made the decision to misrepresent yourself, and to cash in on the value of someone else's hard earned skill, and that doesn't fly here. When this matter was discussed by the staff, it was decided to let you stay until everyone was done chewing on you and satisfied. Fair warning- your membership status here is tentative. Johanna Johanna, Well said. I'm sure that everyone posting on this site appreciates that coming from you. Is there any way to "lock" pictures on this site? I know some sites have a barrier of sorts to prevent people from right clicking on them and saving them to their computer. Would that be viable for this site since there are some many different people posting here? This a great place for learning and resources, but obviously it isn't cool if people are stealing stuff. Just a thought, if it doesn't work no big deal. Ross Brunk Quote Ross Brunk www.nrcowboygear.com
Contributing Member JLSleather Posted March 6, 2010 Contributing Member Report Posted March 6, 2010 Preface this next thing with a clear statement that I know leather, and leather craft, and leather workers, but have never made a saddle (of any type or style). I do know something about the legal system. I'm not from Texas, but I think the laws are pretty standard (though not universal). Now, that said, with the understanding that the boss lady reserves the right to delete it and the saddle boys (n girls) are not s'posedta sock me in the eye ... A photograph that is placed on the internet which has no copyright or patent rights is "public domain". Don't know of anywhere you can be prosecuted for copying what is clearly not "private". A sick spouse (or one whose backside has been altered through the years) is no defense for anything. Anywhere. If you stole from me to feed your kids, I just might forgive it, but not defend it. Deliberate misrepresentation of an item for sale is fraud just about anywhere. But to prosecute, you may need to prosecute in the state where the fraud happened. This is likely to be a civil matter as well, but a fella would have to show that actual damage occurred (ie, I lost these sales, I had to pay these fees, ...). I would have thought Ebay would want to NOT be involved in this, though you can bet with the amount of money that goes through there they have plenty of their own lawyers. It is possible that one or more of these attorneys has told them NOT to act. Here's the deal... A guy posts a photo of an item. Someone else says - hey, that's my item and he has no right to it. Ebay doesn't know, and to remove a listing without actual knowledge may give the appearance of taking sides, even though they'd rather not. Ebay members don't seem to have a preference. I've seen some "leathercraft" on there where the best "feedback" I could give is to manage not to puke. And it sells anyway. And I'm sure that there are plenty of those who, if you could prove the item is stolen, would buy it anyway if it's what they want and they could be persuaded thy can get away with it. It becomes, then, a matter of personal integrity. Which is not prosecutable or actionable. If the photo was copied, I doubt there's much that can be done, unless someone went in to your shop to photograph it. If the PRODUCT was stolen that's another matter. Upon receipt of evidence of that, Ebay would become a "conspirator", a "party", and equally liable for any damages. On the other hand, I don't know of any laws which would prevent someone from copying and posting one of my photos and saying "It's one LIKE this". Quote "Observation is 9/10 of the law." IF what you do is something that ANYBODY can do, then don't be surprised when ANYBODY does.
gtwister09 Posted March 6, 2010 Report Posted March 6, 2010 (edited) "A photograph that is placed on the internet which has no copyright or patent rights is "public domain"." This is NOT true...Sorry! I have included a site on Copyright myths. below. 10 Big Myths about Copyrights explained Regards, Ben Edited March 6, 2010 by gtwister09 Quote
Members Shelly Posted March 6, 2010 Members Report Posted March 6, 2010 (edited) Preface this next thing with a clear statement that I know leather, and leather craft, and leather workers, but have never made a saddle (of any type or style). I do know something about the legal system. I'm not from Texas, but I think the laws are pretty standard (though not universal). Now, that said, with the understanding that the boss lady reserves the right to delete it and the saddle boys (n girls) are not s'posedta sock me in the eye ... A photograph that is placed on the internet which has no copyright or patent rights is "public domain". Don't know of anywhere you can be prosecuted for copying what is clearly not "private". A sick spouse (or one whose backside has been altered through the years) is no defense for anything. Anywhere. If you stole from me to feed your kids, I just might forgive it, but not defend it. Deliberate misrepresentation of an item for sale is fraud just about anywhere. But to prosecute, you may need to prosecute in the state where the fraud happened. This is likely to be a civil matter as well, but a fella would have to show that actual damage occurred (ie, I lost these sales, I had to pay these fees, ...). I would have thought Ebay would want to NOT be involved in this, though you can bet with the amount of money that goes through there they have plenty of their own lawyers. It is possible that one or more of these attorneys has told them NOT to act. Here's the deal... A guy posts a photo of an item. Someone else says - hey, that's my item and he has no right to it. Ebay doesn't know, and to remove a listing without actual knowledge may give the appearance of taking sides, even though they'd rather not. Ebay members don't seem to have a preference. I've seen some "leathercraft" on there where the best "feedback" I could give is to manage not to puke. And it sells anyway. And I'm sure that there are plenty of those who, if you could prove the item is stolen, would buy it anyway if it's what they want and they could be persuaded thy can get away with it. It becomes, then, a matter of personal integrity. Which is not prosecutable or actionable. If the photo was copied, I doubt there's much that can be done, unless someone went in to your shop to photograph it. If the PRODUCT was stolen that's another matter. Upon receipt of evidence of that, Ebay would become a "conspirator", a "party", and equally liable for any damages. On the other hand, I don't know of any laws which would prevent someone from copying and posting one of my photos and saying "It's one LIKE this". I understand what you are saying here, and agree that it could be hard to prosecute for photos copied that aren't copyrighted, etc...but, I think that, in skimming the thread here, that you have missed a few important elements - Louis took my photo a few years ago, (it's the reining saddle in the pic that was listed above, along with the unknown maker's Wade) - he listed it on EBay - I saw it, read it thoroughly, before acting - he was selling the saddle in the pic, as his, in his possession - this was a custom order that I knew for a fact was not in his possession...so what do you tell the people that had bids on that saddle when they don't get the saddle they think they are purchasing? The image wasn't large enough to get a clear view of the makers stamp, so buyers weren't aware that this was not his work or his saddle...and nowhere did he say 'selling a saddle LIKE this one...'. If I were a buyer, I would think I was buying the saddle in that photo. That is outright fraud...the saddle was not a stolen saddle, just a stolen image, that he was 'selling'...I have no idea what the buyers would get when the auction ended, and they opened that box on the other end of the transaction, but it sure wasn't what he said he was selling! This is the same thing that has happened to Steve, this guy is not using these images on Ebay as 'selling a saddle like this one' - buyers think they are buying THAT saddle in the image - so Steve is justifiable in his anger, as I was, when we knew that this guy did not have these saddles in his possession to sell to anyone! So, there is a huge difference in just 'borrowing' an image, and taking bids on a saddle that you don't even own, representing the image as your own work, and ready to deliver! I'm sure if Ebay or any of the lawyers involved wanted real proof, Steve and I probably have a large number of pix on our hard drives that we can show the maker's stamp clearly - along with the background, etc, that would prove beyond any doubt that the saddles were made in our shops (I take pix as I build them for my customers, so they can see how their saddles come together)...I don't see how Louis can sit there and truly believe that there is no way that we would recognize an photo of a saddle we made, that we took pictures of, edited those pictures of, and saved those pix in files...I am looking into a copyright/watermark for my pix, etc. Edited March 6, 2010 by Shelly Quote Shelly
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