Just got a reply back from ebay after I noted to them someone selling the freely downloadable parts manual from Polaris Industries. I included their reply...

We have reviewed the auction you have brought to our attention and taken
appropriate action. We would also like to explain eBay's policy with
respect to reports like yours. eBay is not in a position to make
judgments about the authenticity or authorized nature of auction items,
except in the most extreme circumstances. This may mean that we cannot
remove the item about which you contacted us. In some cases, we refer
the information to the owner of the rights (copyright, trademark, etc.)
involved, if we know who they are and how to contact them. Although you
may be extremely knowledgeable about these types of items, we often
cannot remove items upon the representations of third parties whose
credentials we cannot verify, unless of course the alleged infringement
is obvious on its face. That is why we strongly urge you to notify the
rights holder of the suspected infringement and encourage them to join
our Verified Rights Owners (VeRO) Program (formerly called Legal Buddy
Program). This program enables them to request the ending of allegedly
infringing auctions.

We appreciate your vigilance in helping us to keep inappropriate
auctions off eBay. If we can be of any further assistance, please let us
know.


Just thought I'd put this up for viewing...

 

For starters the manual is not copyright material anything you obtain free can be copied and to do with what you wish all bidders on it were contacted and the auction was a no sale ask the high bidder if you don't believe me no more auctions are being made of these manuals, I also contacted Ebay and they can be put on, but because of what might happen to them being freely distributed I chose not to do so...so give it a rest are you like some old woman that has no life but to look places to stir stuff up...for gods sake get a life we have already been over this.

 

Ebay is a fine place to pick up items that have a "worth" to you, you bid what you feel something is worth and then you carry through with the deal. Oh so many items up for auction and some are available for free, maybe I don't know where to look or maybe the site is gone, or maybe I have a tv that I surf the web with and can't down load the information. It is a fact that the manual does not appear to be copyrighted so what is the harm in paying for some one to send me a copy so In the future when I graduate from web tv to a laptop, I'll have this info. Isn't this similar to the guy who sells original, copyrighted auto literature from the 1967 Chevrolet for $20 on ebay???? that too was given away free by the dealership and at a later time, sold for a profit. The big difference I see is that the Chevy literatur IS copyright material. The e-police should worry more about the stalkers of young children than care about a copy of a "free" parts book posted on ebay, that was originally posted by the manufacturer (polaris). Get a life....
Ok I'm off my soap box,

 

By the way, just because is available free off of the Internet, it doesn't mean that it's not copyright protected. The dirtbag who is selling the parts manual is, in fact, in violation of copyright law. The material available is NOT public domain. The manufacturer made it available for the owners of its machines to assist them in repairing and maintaining their bikes-not so some yahoo could try to sell otherwise graciously provided information.

Dude, you were absolutely correct in bringing this to the attention of eBay, it's just unfortunate that they are taking the attitude of "once something is offered for sale and we get our cut, we don't give a **** who else we **** off.

This is, of course, just my opinion and I could be wrong, but I doubt it.

Regards, Bearfus

 

Holligan, the guy selling a 1967 Chevy parts manual isn't breaking any copyright laws. He has one copy produced by the manufacturer. Once he sells it, he has no more to sell. It is like selling a VHS video of "Saving Private Ryan". Once you sell the original, you don't have anymore to sell. With your logic, you could copy the original video and then sell as many copies as you want, which IS copyright infringement/violation. Everything on Polaris' web site is copyright by them. This includes all info contained within their site, including the manual they made available. I don't think atving will ever see his error in this, but it doesn't hurt to try and show him.
Later,

 

atving, I guess I have to defer to your knowledge of the law; a subject I know little about.

You say, "For starters the manual is not copyright material anything you obtain free can be copied and to do with what you wish . . ."

Are you certain this statement is accurate?

Are you certain Polaris manuals are not copyrighted? Most manufacturers copyright materials they produce.

If Polaris manuals ARE copyrighted, then I thought the copyright reserved production and distribution privileges for the copyright holder alone, and those whom he provides express permission.

Whether the copyright owner gives his product away or sells it, I did not believe the product falls into public domain, as long as the copyright is valid.

One example: broadcasts of major league baseball and football games; television broadcasts of movies. The copyright owners "give" these products away to the television audience; however, the broadcasters make numerous announcements the material is copyrighted and cannot be duplicated and distributed without permission, under penalty of law.

No attorney, I; however, I thought someone copying copyrighted Polaris manuals for sale, even distributing them for free, without Polaris' permission, would be in violation of copyright law. Such an act would appear theft of intellectual property.

Again, are you certain anything obtained free can be copied and distributed at will regardless of copyright?

I hope you will discuss the issue further; if I am in error in my understanding of copyright law, I'd like to be put right.

Tree Farmer

 

Fellows this subject is really getting old as in the last post I explained that if this was something that would jeopardize in which it might getting stuff free...So everyone listen up I CONTACTED THE BIDDERS TOLD THEM WHERE THEY COULD GET IT DIDN'T CHARGE IN THE QUESTIONED AUCTION...If you want to ask the guy that was the winner in the auction go to Ebay and ask him...gosh give this a rest...It is not illegal to sell someone a disk and charge them for the disk and handling charges ok. I couldn't kill the auction so I told the high bidder where he could get it...I can't make it any clearer than that. What kills me is the guys on here that are making a big deal of it that are sitting home copying movies, watching free TV, using filters to get movie channels shall I go on does anybody want my third born child or would you rather have my Polaris.

 

atving (and Hooligan), I just thought of another example.

If one may legally reproduce and distribute copyright material obtained free, could we copy and print the articles appearing on the ATV Connection (i.e., the quad reviews, product reviews, feature articles, etc., accessible from the ATV Connection home page (www.atving.com)), and offer this compiliation for sale on Ebay?

We'll call it, "Bill and Hooligan Present: The Best of the ATV Connection." And hey, we can sell advertising space! We're gonna be rich!

What are we bid?

Hey, here comes a bid now! It's from a guy named Dave Beckstrom . . .

Tree Farmer

 

atving, I think the discussion moved beyond the specific case of the high bidder on the particular Ebay auction you mention.

The general discussion addressed whether copying copyrighted material and selling copies of that mateial to another without permission ot the copyright holder appears legal, or is this act theft of intellectual property and violation/infringement of copyright law.

While Polaris gives away its manual content free, Polaris copyrights the material. Why? So someone else doesn't copyright the content and then charge Polaris royalties for distributing a prodouct Polaris produced.

By the way, I believe the example you mentioned, receiving pay TV services without actually paying for them, is considered "theft of services."

Now, I'll follow your advice; give it a rest!

Tree Farmer

 

TreeFarmer is bang on with his views on copyright laws. This is intellectual property we are talking about here. Given away free by the owner does not give the rest of us the right copy and distribute (and particularly) sell it.

The issue here is not one of coming clean to the bidders on EBay. The issue is one of coming clean to Polaris for selling their material without permission. I think they would have some serious issues with the goings on here.

No, there is nothing wrong with selling someone a disk, unless it has some unsuspecting person's intellectual property on it!

Yes, there are a lot of others out there breaking the law with some of the mentioned methods. No doubt about it. Is this being used as justification for others (and cops) to do illegal or immoral things? If it is, someone had better think twice about their logic.

I agree we have beat this to death. I also agree that the concept may never be understood by the one that we ,the public, assume should understand and be sensitive to such things. Even the hint of inappropriateness should put a flag up in a cops mind that says "hey this isn't right".

DJ