They did -- and eBay just rolls over and does as asked, without even taking a
15-second glance to see whether or not the reason for the request has any basis in reality.
Although I suppose they don't have a whole lot of choice in the matter -- they'd likely be risking some liability if they got in the middle, I suppose.
You're missing your _literally_ "golden" opportunity. Get an expensive shyster lawyer and sue Apple (and eBay ;-) ...Jim Thompson
--
| James E.Thompson, CTO | mens |
| Analog Innovations, Inc. | et |
| Analog/Mixed-Signal ASIC's and Discrete Systems | manus |
| Phoenix, Arizona 85048 Skype: Contacts Only | |
| Voice:(480)460-2350 Fax: Available upon request | Brass Rat |
| E-mail Icon at http://www.analog-innovations.com | 1962 |
Democrats are best served up prepared as a hash
Otherwise the dogs will refuse to eat them :)
They sent me back a boilerplate response today. I sent them a polite response... perhaps I can get to someone who can actually think there...
One sentence in the boilerplate did make me think: "Please be advised that eBay was notified because the item in question was identified as containing counterfeits and/or infringements of Apple's federally-registered trademarks and/or copyrights, based on the photographs and description you provided. These trademarks include, among others, the Apple logo, home screen icons and the home button." -- The phone in question is made to *look* roughly like an iPhone (see, e.g.,
formatting link
), so I'm beginning to think that Apple maintains *any and all* CECT band, model KA08 phones infringe on their trademarks by virtue of the home button and icons looking similar... and they just haven't gotten around to sending out takedown notices to every web site with a picture of one?
In my case, my ISP said they were certain of my alleged transgression becq\ause an independent third-party group running sophisticated software had analyzed their network traffic and determined I was committing a crime. I scoffed, "People and software - whoever heard of those entities making errors?"
Major Cel Phone Company contracted with chinese plant to build 500K cel phones, and told him (chip manufacturer rep) to expect order for
500K parts.
Order comes in for 1M parts! he checks with chinese rep, No, no mistake, they need 1M parts.
Factory was going to go ahead and build 1M units, and sell the extras themselves. Whether they were for 'domestic' consumption, or export as 'counterfit' he didn't know!
There's a difference between obtaining input on a decision and simply letting another party take the decision for you; particularly when there's reason to believe that they may have an "aspirational" interpretation of their legal rights.
Well, as you're mentioning "judge and jury" ... in a trial neither the judge nor the jury are experts on the matter being tried. Instead, they hear evidence on specific facts from both sides, then make their decision. They don't just let the plaintiff decide the verdict.
I agree, and as I stated in the thread I don't like or approve of buying from brokers such as Part Miner (spit). BUT, if there are no other choices as a lead time of 8+ weeks has developed and your customer is screaming for product, there's not many alternatives.
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