I was selling DVD on Ebay in U.S . My auction was removed without any
reason and one month later I got the following letter from VERO PERSON
(That's how they call it on ebay )
Question: Has anybody heard about similar case before? Should I take
this letter seriously? I haven't even sold that DVD eventually!How could
they know I was selling sth unathorized? I was trying to get any answer
from Ebay and got 2 different opinions: 1) Do whatever the letter says
2) Ignore it completely, the auction was removed. They do not have any
proof that the dvd is illegal.
I'm just wondering how they will file a lawsuit against me?
Any comment appreciated!
RE: UNAUTHORIZED SALE OF "THE HOURS" MOTION PICTURE
Dear Mr. XXX:
This letter is being written to you on behalf of Paramount Pictures
Corporation (hereinafter "Paramount"). Paramount is the owner of rights
in
and to the "The Hours" motion picture.
Paramount has recently learned that you have offered for sale an
unauthorized DVD copy of the
"The Hours" motion picture on eBay's web site located at
"
http://www.ebay.com," auction item # 3344978158. You are hereby put on
notice that the reproduction, transmission and/or distribution by you of
unauthorized copies of the "The Hours" motion picture constitutes
copyright
infringement.
Paramount hereby demands that you and all those who have acted in
concert
with you immediately cease any unauthorized copying, transmission,
distribution and/or other utilization of any of its protected
intellectual
property, including any use of the "The Hours" motion picture.
In addition to the foregoing, we request that you:
(1) voluntarily relinquish your unauthorized copy of the "The
Hours" motion
picture to the undersigned at the address listed at the top of
this letter;
(2) provide all information pertaining to the source from which
you obtained
your unauthorized copy of the "The Hours" motion picture, including the
source's name, address, phone number, web site address and e-mail
address;
and
(3) provide all information pertaining to any purchaser of your
unauthorized
copy of the "The Hours" motion picture, including the purchaser's name,
address, phone number and e-mail address.
Should you not immediately do so, Paramount expressly reserves
all of its
rights to file a lawsuit against you to obtain damages for all
past acts of
infringement and an injunction to prevent any future infringement.
Please sign this letter in the space provided below, and return
it with the
above-requested materials to the undersigned before the close of
business on
October 2, 2003. If we do not receive your written confirmation
before that
date, we will be forced to recommend that Paramount immediately
take further
legal action.
This letter is not a complete statement of Paramount's rights in
connection
with this matter, and nothing contained herein constitutes an express or
implied waiver of any rights, remedies, or defenses of Paramount in
connection with this matter, all of which are expressly reserved.
Very truly yours,
/s/
Dennis L. Wilson
Keats McFarland & Wilson LLP
cc: Paramount Pictures Corporation
I, ___________________________, hereby acknowledge that I have ceased
offering for sale and/or distributing unauthorized copies of the
"The Hours"
motion picture and any other goods which infringe Paramount's
rights in any
of its motion picture properties; and have complied with (1)-(3) above.
_____________________________
Signature
_____________________________
Print Name
_____________________________
Date