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July 7th, 2007 at 12:17 pm

Simplicity 8817 MySize Barbie, eBay and Chutzpah

Episode 2 of 3 in the May-June MisAdventures of Wheat on eBay in search of the 1994 Simplicity pattern 8817 MySize Barbie.


simplicity-8817-front.jpg
Why when I am perfectly capable of drafting my own pattern schematics? I just did not want to spend the time it would take. However, the $50 or more these usually sold for on eBay was a stopping point

Yet, eBay has gotten so good at helping you find IT, between “Want It Now” and Saved Searches….

Thus, when early June 22nd, while waiting for the coffee to brew, eBay was nice enough to include a link in my daily search results for with an auction for this pattern with a “BUY IT NOW” option of $29.99 Early today I responded to what I THOUGHT was a legit offer for the pattern.

But you know what they say about too good to be true and I soon discovered (albeit not soon enough) Item 320130127717 surely was/is.

Anyway, several hours later, when reviewing the PayPal invoice, that the evil infringement word COPY leaped off the title line and smacked me in the fact.

So I decided to go get another POT of coffee going to think about how to handle this.

Can;t have a frequently vocal often relentless member of the Internet Copyright police receiving stolen goods now can we?

There really is no excuse – the seller made it very clear she was selling a COPY,
In the Title and in the Description (thus proving my theory that people including me, do not always read as they should)

Interestingly once I started digging into her offerings, I lost an auction to this seller for the very same pattern just a week or so ago – talk about turnaround.

Later, while exploring my options on how to best handle this
I found YET ANOTHER auction for a “copy” in item 320130214997

And then speaking of chutzpah, amuzingly, this very same seller has what she claims are her own original patterns and here is her statement in those auctions: (view Item 320133332785

“… These patterns are my own original designs for the My Size Barbie and I have given no one permission to copy and sell my designs. Anyone attempting to sell these patterns are illegally selling my designs and will be reported to Ebay for fraud….”

Obviously this is not a case of ignorance, it is blatant abuse. That more or less decided me to let the sale happen to create proof of the infringement thus providing Simplicity (if they care) with basis for their claim.

So, next I sent, via the web, and email to Simplicity customer service, saying that I had inadvertently purchased a photocopy of one of their patterns and asked who/where to report this violation of their copyrights.

But this was Friday and it was not until MONDAY that I heard back. Simplicity asked that I also report the apparent violation to eBay and eventually I managed to figure out how to find where and how to do this.

I also decided there was a very good chance I was about to become the owner of a completely illegal copy of 1994 Simplicity Pattern 8817 and unless I am able to get a copy of the pattern will not be ethically (or legally) free to use it.

Hmmm, I really “deserved” something of out this I KNOW, FEEDBACK – I am still trying to recover from the episodes of 5 years ago when a long term house guest used my account improperly. BUT, do I have the chutzpah to get the seller to leave feedback.

After all, I am human, and sometimes feel a sense of entitlement – in this case I might have even earned it

So Yeah, I did/do. Bounced the idea off a few friends and then decided to play the game a bit more and perhaps not as nicely as I should.

After an exchange of email that included my saying (quite truthfully) that I do not leave feedback for sellers until after they leave feedback for me AND I receive the package.

After all, I had behaved as a good Buy It Now buyer, and did not even choose (as I could have) to contact PayPal to rescind the sale.

So where is this all now. Well, eBay does not seem to much care since she is still selling and certainly given her listings of the last few months cannot claim she did not know it was improper to copy and sell.

For a number of reason some might disagree with, I finally decided to ALSO leave Factual feedback:

NEUTRAL exactly as described, shipped promptly, via carrier requested

After all, I do have a rather well done copy, and so will be saved most of the trouble I usually go thru to make a working copy of sewing patterns for my own use – once I finally get a legit copy.

Why write about this, because eBay while it has improved, still does not take real action against sellers who contribute to ITs (eBay’s) cash flow. Instead they continue to allow blatant disregard for intellectual property rights. In my opinion, it is one of hte many factors that is killing the incentive for independent designers to stay in the needlearts industry.

But, eBay, is for all intents and purpose, very much the only game in town, so as long as certain members of my household keep shattering the Corelle, I guess I will keep using eBay – just reading the listing a good deal more carefully in the future. Besides there is that basement full of “IT” that really needs to find better homes.

So ends the second of three eBay Mis-Adventures

Stay tuned for the 3rd and hopefully final where I have to eat some words about PayPal.

Have a great weekend.

Wheat

P.S. Yes, I very much regret the Neutral instead of Negative feedback.

June 25th, 2007 at 04:25 am

Chocolate FAKE? Please FDA don’t approve that

One of the “joys” of waking up at ungodly hours is you get to read the newspaper – paper & web editions in peace.

Chocolate Fake!@%#$@#%!
Here is a treasure that turned up today.In true New York Times tradition of all the news that fit to print, and sometimes even the most amuzing has a serious note…

Could the FDA (food & drug admin) will really allow this to happen?

3188-marieke-dark-chocolate-praline-bar_99×99.jpg

This Op Ed piece, is certainly of major importance to the Needle Arts community,

We all know how important good chocolate and better wine are to our work.

Chocolate Fake Manufacturer’s beware, many of us choose not to eat what we cannot easily identify.

Wheat

June 21st, 2007 at 00:00 am

Remember Me – the video by Lizzie Palmer

poppy.jpg One of the most commonly asked questions for any one who does hand work, is WHY you do that.

The next time someone asks me WHY I donate to military support groups,

I will be pointing them to the bittersweet, but beautiful tribute created by Lizzie Palmer.

I don’t know who 15 year old Lizzie Palmer is, but I want to meet her. Heck I want to start a college fund for her,

Note, if you are even the tiniest bit emotional about those who serve, I suggest you grab a box of tissues first.

Wheat

June 14th, 2007 at 13:00 pm

Designers, Rocks, Hard Places, Mysteries of the Universe & Disney

This is NOT a criticism of the many publishers with whom Designers made past contracts, although some think it should be.

Contracts based on common past practices may not have been in a Designer’s long term best interest, they are/were common business practice and history that is past.

This IS about how our world is evolving and the new challenges and issues presented by our new, digital world.

Remember how good you felt when you negotiated that magic “Rights revert to the designer when the publication goes out of print” clause?

Continue Reading »

June 13th, 2007 at 06:48 am

Duct tape doesn’t work in the vacuum of space..

But Apparently Stitching skills do.

So as I read this article (I am a bit of a Space News Junkie dating back to well Alan Shepherd)

I thought it would be a good follow up to the Prom story about Duct Tape

Does this mean the contest winners can’t go on to be NASA rocket scientists?

IQMWTK

Wheat

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