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Thread: I'm being sued by Sony for displaying products from the web service

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Permlink Replies: 24 - Pages: 2 [ 1 2 | Next ] - Last Post: Aug 29, 2006 6:37 AM by: smartquant
Ronald Biedrzycki

Posts: 29
Registered: 2/8/06
I'm being sued by Sony for displaying products from the web service
Posted: May 16, 2006 6:32 PM PDT
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Hi today I got a letter from a law office Ellis & Venable calling themselves Net Enforcers. They said Sony has retained them to protect their licensed trademarks, logos, and other copyrighted materials. They say I am infringing upon Sony's intellectual property rights. They then put in a link to my website:

http://www.dvitohdmi.com/productdisplay3only.asp?asin=B000A6TN9I

This is a dvd player I am getting through the webservice and displaying for sale on my HDMI DVD palyers page. I am just using the content freom the webservice, pictures, attributes, features and customer reviews.

They say if I do not immediately cease and disist from using anything of Sonys they will sue me for damages as much as $30,000 for each infringement.

Has anyone seen this before.

Can an Amazon person please tell me what is happening here??



Jim L Taylor

Posts: 2,578
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 16, 2006 9:09 PM PDT   in response to: Ronald Biedrzycki
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It does happen occasionally.  There have been some posts on the old forum on how to reduce the potential hassle by blocking some of the spider tools such groups use but  I can't find them at the moment.

Hopefully someone from Amazon will offer some assistance.

Jim



Ronald Biedrzycki

Posts: 29
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 16, 2006 9:14 PM PDT   in response to: Jim L Taylor
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Hi, I've got some good advice from the Associate forum. I also found the message about blocking.

http://forums.prospero.com/am-associhelp/messages?msg=11431.23

I cannot believe they can threaten you like this. THEY should be sued!



Jim L Taylor

Posts: 2,578
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 17, 2006 6:53 AM PDT   in response to: Ronald Biedrzycki
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Glad to hear it.  Yes.  It is unfortunate groups like this are allowed to throw around such accusations with little to no attempt at verifying whether a site is actually violating copyright laws.  I am guessing they have to justify their existence/fees in some fashion so the more "warnings" they send out the better it makes them look.

Jim



phil davis

Posts: 65
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 18, 2006 1:24 PM PDT   in response to: Ronald Biedrzycki
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I just got something in the mail from Ellis & Venable that was sent as certified mail. I refused to sign for it.

Did your letter come certified?

etrader

Posts: 112
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 19, 2006 12:54 AM PDT   in response to: Ronald Biedrzycki
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So what is the best way to deal with these people then?????

"wakahii"

Posts: 109
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 19, 2006 4:44 AM PDT   in response to: Ronald Biedrzycki
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I got a letter from them several times. After receiving the certified letter, they will then go to you isp and you will be given 48hrs to remove them or else your account remove.

I have over 10 of these and informed amazon and unfortunately nothing was ever done. They left it to me, I guess to be harased.



Torsten Kracke
RealName(TM)


Posts: 18
Registered: 2/9/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 20, 2006 4:35 AM PDT   in response to: Ronald Biedrzycki
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The only way to deal with such parasites is to contersue them for damages. AFAIK you have every right to use the information according to the Webservices or Amazon Associates agreement. Amazon will have made pretty sure with their legal department that they can offer the pictures and descriptions over Webservices. There are some descriptions not being returned through Webservices so these are apparantly not licensed for display outside Amazon.

Just because dumb lawyers think they can threaten someone doesn't mean they are right. Just let them know ONCE that your are not infringing upon anyone's rights using Amazons Webservice/Associate agreement and see if they will sue you anyway. It wouldn't be a bad idea to inform the press that lawyers working for some Company are preventing same Company's items from being sold and suing small people over that...

"kmxretro"

Posts: 14
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 20, 2006 7:49 AM PDT   in response to: Torsten Kracke
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What I don't understand, is how you can be sued for helping them to sell their product. It's just madness.

Associate: "Hey everyone! Come and buy this Sony HDMI Whassname!"
Sony: "Thanks for helping us out there - you've sold 10 of those via links on your site! Awesome! But did you call it a Sony HDMI Whassname on your site?"
Associate: "Yes"
Sony: "Damn, now we'll have to sue you. Sorry about that."

Craz-ay.

Jim L Taylor

Posts: 2,578
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 20, 2006 8:12 AM PDT   in response to: Ronald Biedrzycki
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Are you displaying the "In Association With Amazon" messages and other such things mentioned in the license agreement?   Not sure if that would help but just a thought.

Jim



Brian@AWS

Posts: 1,153
Registered: 3/10/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 22, 2006 4:40 PM PDT   in response to: Jim L Taylor
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All,

Thanks for bringing this to our attention.  Please notify us if you receive any requests to cease displaying content or information you receive from us.  Please e-mail us your details at aws@amazon.com.

Thanks.

-Brian



smartquant

Posts: 6
Registered: 5/24/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 24, 2006 8:42 AM PDT   in response to: Brian@AWS
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Hi,

It's a good thing I saw this discussion.

I have actually had a website shut down yesterday by these same people.

I received a notice from my hosting company that the account was shut down based on a DMCA complaint.

Unlike others have mentioned I did not receive a letter, a phone call, and no email from the attorneys. I didn't know your account could be shut down without prior notice.

I emailed the details to aws@amazon.com yesterday.

What do I do now?

Tony



Brian@AWS

Posts: 1,153
Registered: 3/10/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 25, 2006 12:06 PM PDT   in response to: smartquant
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It has come to our attention that some participants in the Amazon.com Associates Program have received letters from an entity called "Net Enforcers" or from a law firm working on behalf of Net Enforcers.  In these letters, Net Enforcers allege that certain product images or other web site content violates their client's intellectual property rights.  Some of you have received these letters because of images or other content that you receive from Amazon.com as a result of your participation in our Associates Program.  We believe these claims regarding Amazon Web Services are simply wrong, and we are committed to working with you and Net Enforcers to help resolve these issues.  If you would like Amazon.com to respond to Net Enforcers on your behalf, please contact us at aws@amazon.com, and include a copy of any letters you have received from Net Enforcers regarding Amazon.com content.

Thank you.



smartquant

Posts: 6
Registered: 5/24/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: May 26, 2006 12:30 PM PDT   in response to: Brian@AWS
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Hello Brian,

Thank you for your post and your reassurance that Amazon.com is not only aware
of this problem but actively working to resolve it.

Please let me know if there is anything additional I can do to help.

All The Best,

Tony 



MrRat

Posts: 818
Registered: 2/8/06
Re: I'm being sued by Sony for displaying products from the web service
Posted: Jun 13, 2006 6:25 AM PDT   in response to: Ronald Biedrzycki
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yeah Allen!




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