Sad Face! IMPORTANT NOTICE!

Why is Sad Face so sad? An eBay seller has taken multiple (2K+) models and photographs from Thingiverse (and possibly other sources) and is selling prints of the models for profit and using the photographs(or just screenshots of the thing view) to advertise them.

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Description

Why is Sad Face so sad?

An eBay seller has taken multiple (2K+) models and photographs from Thingiverse (and possibly other sources) and is selling prints of the models for profit and using the photographs(or just screenshots of the thing view) to advertise them.

 http://www.ebay.com/usr/just3dprint?euid=d24089406c0a43cb82bef714707a11ca&cp=1&exe=12792&...


 They had done just this with my model Aria the Dragon (for Dual extrusion):



http://www.thingiverse.com/thing:767823


 Here is the listing:

 http://www.ebay.com/itm/261964153371?euid=5be5a7af4ed349ec87a18cad7c671875&cp=1


 I sent them a polite message via eBay asking them to take it down and this is the response I received:


 "When you uploaded your items onto Thingiverse for mass distribution, you lost all rights to them whatsoever. They entered what is known in the legal world as "public domain".
The single exception to public domain rules are "original works of art".
No court in the USA has yet ruled a CAD model an original work or art.
Therefore, you have no right to exclude others from utilizing the CAD models you have uploaded.
Furthermore, if in the future we do get a precedent in the USA for establishing CAD models as "original works of art", we would still likely be just fine as we are not re-selling your CAD models, but rather "transformative" adaptions of them in the form of 3D printed objects.

SFE
P.S. When you created these CAD files, did you really want to limit the amount of people who could enjoy them to the 0.01% of the USA with a 3D Printer? 100% of America can purchase the items from us at a reasonable cost and enjoy them-creating made in the USA jobs in the process as well. Furthermore, if you hate the idea of people profiteering from your work, you may want to take it up with Makerbot/Stratasys who only hosts Thingiverse for AD revenue, to sell more 3D printers."


 I have created "Sad Face" to highlight this problem and so that other makers can check to see if their work has been taken.

Materials and methods

PLA, ABS

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Comments

Mini hi res icon444Dampmaskin commented ago

At the moment, the seller seems to have 0 items for sale on Ebay. So I reckon either Ebay took them down, or the seller decided to lay low until the whole thing blows over.

C21d362df600a2cc4876bf7729ea71fe?default=blank&size=40Groaker commented ago

This has been going on for a couple of weeks now. I assume that you have

contacted eBay by now. What was there response?

Mini title slideErin commented ago

That's terrible! I'm so sorry. Can you take it up with eBay itself since the seller is being so obnoxious about this?

Mini hi res icon444Dampmaskin commented ago

I've had a CC-BY-SA design of mine "stolen" and mass produced. From now on I'm only uploading the designs that are not "quite there". The bastards can steal my prototypes, but not my finished designs.

Mini ikWesley Van Haute commented ago

I printed out ! Respect for the makers and that e-bay seller must be down ! its not funny anymore ...

Mini ikWesley Van Haute commented ago

I printed out ! Respect for the makers and that e-bay seller must be down ! its not funny anymore ...

Mini ikWesley Van Haute printed this ago
Carousel thumb 2016 02 21 04.43.43 1
Printed on:
kossel 2020 xl
Result:
Nice smooth printed ! Just printed out to respect the maker ! That e-bay seller must be down !! I hate it !!!
C21d362df600a2cc4876bf7729ea71fe?default=blank&size=40Groaker commented ago

The ability to copyright a particular class of tangible objects is determined by the Library of Congress. They review their classifications every three years. The courts can overrule this, but until overruled, items are considered copyrighted if they meet the general criteria required.

Items released under one of the 6 classifications of general public licenses are not public domain, but rather licensed. Users must meet the requirements as specified in the license.

A good precis of copyright law can be found in Wikipedia.

The Makebot-Thingverse argument has no merit. There is an agreement when request that a Website host your creation.

Note also that copyrights that are not registered with the copyright office provide much less control than those that are.

I would suspect that eBay will likely probably investigate the matter if brought to its attention.

Mini reiner 001 2Reiner Bühl commented ago

If your item has always been licensed on Thingiverse as CC BY-NC-ND, then they are clearly violating your license and you should report your items within Ebay. If enough owners do that I would assume that Ebay will close him down.

Mini meLouise Driggers published this design ago