My design is being sold on ebay...not by me!

[Jason Falejczyk]

Thanks to someone tipping me off, I have learned that a low-life has stolen my poker table design...and has the gall to sell it on ebay!

Link to Ebay Removed

You can see it here on my site...

http://home.comcast.net/~jfalejczyk1_3/woodworking/gallery/poker_table_v2.htm

Take a look at the "Hidden Dealer Drawer" link. Look familiar?

I bet you $10 his CD (w/ pics) is my 26-page, 80+ pictorial construction tour I put on my site to help beginning woodworkers. Well, isn't this a slap in the face. I don't think I've ever been so mad!

I designed this table, and am pretty darn proud of it. I sell a few from time to time to help make a living. To have someone rip it off and try to profit on it really p's me off!

I tried to email ebay, but they only take disputes for auctions which have ended. Does anyone else have an idea?

I'm seriously thinking about pulling my site. I don't care to have this happen again.

Thanks for listening...and sorry I've been so quite since the Pond ended. :(

Jason

[John Miliunas]

"Holy rip-off, Batman!" Keeeeeripes, Jason. I'd be ticked off, too! No doubt that is your exact table and you're probably right about the CD, too. This clown didn't even bother doing any photo editing to mask the background, which is obviously wherever you originally shot the pictures. I note that your site has a copyright logo at the bottom. I'm wondering if you couldn't seek some legal retribution against this thief?! Let us know how you proceed on this one, as there are MANY generous WW's out there sharing their project plans for *FREE* to help out those of us less experienced.

[Wes Bischel]

Jason,

I sent a note to you from your website with an attachment from eBay concerning actions you can take. I really hate to see this kind of thing happen.
Just this week, the OWWM (old woodworking machines) site had a similar problem. The site owner contacted the seller - in a professional manner as I understand it, and the auction was ended voluntarily.

Good luck, Wes

[Jason Falejczyk]

Jason,

I sent a note to you from your website with an attachment from eBay concerning actions you can take. I really hate to see this kind of thing happen.
Just this week, the OWWM (old woodworking machines) site had a similar problem. The site owner contacted the seller - in a professional manner as I understand it, and the auction was ended voluntarily.

Good luck, Wes


Wes,

Thanks. I was able to find an area earlier on ebay to report this. I categorized it under "Stolen Property - Someone is selling my intellectual property."

Considering he has made money so far, I am considering legal actions. It will probably cost me more to sue, though!

[Bruce Page]

Yep Jason, I'd be PO'd too. Some people have no class!:mad:

[David Rose]

Jason,

This is all just my opinion and not a suggestion on what you should do. I hope you can just find some peace in the situation one way or another.

I'm sorry this happened, but my take is like this. I've sent in about 3 dozen gunsmithing tips to a distributor who puts all these tips together with thousands of others and sells a book which is mostly just these tips. All we get is recognition that each idea was the creator's. You didn't likely get that even. But I wouldn't compile these ideas and get someone to print the book, so I have no problem with it.

About a dozen of my ideas have been further used to produce the product I described as an item for sale. I'm sure a good bit of money has been made from these. I didn't want to go to the trouble to patent or produce or protect these ideas, so again I don't really have a problem with it. I would like to have a chunk of that change, but I didn't do the real work so...

I really doubt that without some sort of patent you can do much. How can you prove that you came up with the table before he did? I suspect that is obvious. I'm not questioning that you did it, but whether it can be proven. I'm no lawyer, but I imagine that would be the first defense in court.

I had a brother in law who came up with an idea and patent on a device to separate gas from crude oil at the well. He sold several of these units for big bucks. Soon every machine shop in his little town was building them. His lawyer told him he could beat them. But each of these guys was his small town neighbor! It would have made him really a great guy in his little town if he sued all his neighbors. So, he finally just bailed.

I believe in giving credit where credit is due. I also believe a man is worth being paid for the work of his hands or mind. You *should* be paid for what you designed. But is it worth all the hassle? I think I would (of course I'm getting older too ;)) just accept the fact that it was my design and take satisfaction in that. I believe it was your design as I suspect most viewers here do... for whatever that is worth.

Why did you put this on your web page? Wasn't it to encourage others to try something similar? Don't you think it will still do that? I really hate to see good sites come down because some jerks abuse them or try to profit from them. What about pointing people to this jerk's ad and telling folks that they can buy the plans that were stolen from you at this location? Be sure to put in a disclaimer in case the guy really botched the plans. :D

David

[Kent Cori]

Jason,

I certainly don't blame you for being upset that an individual would try to profit illegally from your ideas, concept development, design and obviously great work. However, he is only one of hundreds that have benefitted from your web site and sharing of your experiences. Speaking for many of us who really benefit from the ideas and tips from others, please don't pull your site just because of one low life.

The good news is that when I checked the Ebay site, the photo had been replaced with one of a cheap, circular folding table. Something in your efforts to work with Ebay must have worked!

[Jim Becker]

Interesting...the picture on the eBay auction at present looks like a simple round table with folding legs and there is little detail in the description. The entry is marked as "revised", too...

Keep us posted on your efforts, etc.

[Kevin Gerstenecker]

Jason, I too checked the Ebay Auction, and ya gotta love the Photo he replaced "Your" table with! Like anyone is gonna pay .99 for plans for that! :D Man, I love it when a plan comes together. I have an idea.............why don't you have someone you know bid on and buy the CD..........when you recieve it, then you will have proof this moron stole your idea.............just a thought should you decide to go after this thief. Good Luck...............and by the way, I REALLY like your Poker Table............very nice and excellent design. Hope things work out for the best. :)

[Bob Oswin]

Jason:
There is wood related website that has a policy that if you submit information there that they have the right to use your info as they please.

There is nothing to stop them from doing just what you have experienced once you relenquish your rights by posting there.
I personally think this practice is intolerable and I will not post there.

One of the "appointed" offiicers even suggested that he would lift any info he found on the net as he seems to think it is in the public domain and fair game.
That being said, how do they expect to protect our thoughts and designs by copyright on their site?

These forums work because people help other people. We do this with words and pictures and the good grace of our hosts' sites.
Read the disclaimer carefully and make sure your own site has suitable warnings with respect to re-purposing your images or thoughts.
It's tough to go to court without these things in place.

I think you should get a chance to decide what happens to your property when you register to post on a website- not after.

DAMHIKT
Bob

[Jason Falejczyk]

...that you can't alter the pic on:

E bay direct link removed - TOS violation

He's changed the picture on the current auction this morning. That would make me happy, but something tells me he's used all my content from my web site in his CD. We will see!

Jason

[Mark Mandell]

Wonder if he paid that Hottie to use her picture in his other "auctions?" :p

[Mike Evertsen]

i would get a cd then if it is the same place a neg. on his feedback with the reason then see a lawyer most don;t charge for the first visit,,,,,

[Ted Shrader]

Jason -

Sorry to hear of the theft. Bummer. Don't think you have run into a dead end, though. Your website is posted w/ copyright info. W/ a copy of the CD in hand, go see a lawyer that deals in copyright/intellectual property. Should be able to have some impact.

Seems this dufus has some other things on his site that are most likely not his either.

Good luck,
Ted

[markus shaffer]

Why not buy one of the CD's to get the guys address. Then we can get together a few members here and pay the thief a personal visit. He certainly won't be able to steal any more designs when he's in traction at the hospital. Okay, perhaps that's not the best solution, but I'd wager it would make you feel better.

[Ken Wright]

intellectual property is enough by itself for you to go hunting ... but the greatest insult IMHO is the statement the "Doofus" makes when he states that you don't need skills...........

You don't build a table like that with a Skill saw and a screwdriver ... and it sure as heck is not a first project for some beginner.

Sorry man ..... I can imagine how you feel.

[Lincoln Myers]

Jason,

I read your posts on The Pond.
I for one have really enjoyed your site and it has taught me a lot in how to's and design and I doubt that I'm the only one.

Have to admit, I have considered 'borrowing' an idea or two of yours, in my own projects, but only as a means of flattery, not to profit.

I hope you get some satisfactory justice against this guy, and also hope you'll find a way to keep your site up to inspire others as you have me.

Thanks,
Linc

[Richard Graniczny]

A bit of hindsight here. Once you publish, your work is copyrighted. This in some cases can be enough to get someone to stop. If you ever plan to get a financial recovery, or greatly improve your odds, it is best to actually register your copyright. Not real expensive but could get very costly if you have multiple items. The cheapest way is to register volumes of work. This can bring the cost down to pennies an item. To pursue in court is very costly... I know...been to court protecting my products 19 times since 1968. Good luck.

[James Suzda]

I just clicked on the link and e-bay has removed the listing.

[Mike Henderson]

Just a note to those who missed it - this thread was started in 2003. eBay doesn't keep listings that long.

Mike

[Rob Bodenschatz]

I just clicked on the link and e-bay has removed the listing.
That's because this thread is over three years old. I did the same thing. Seems to be happening a lot lately, ancient threads being revived as if it were just yesterday. I don't have a problem with it, just think it's funny. Imagine if it were that way in real life:

12/15/2003: "Do you think the Raiders will get to the Super Bowl?"
12/16/2006: "Huh? The Raiders are the worst team in football"

Sorry for the digression. Back to your thread...

[Mike Cutler]

It's actually not a bad topic to bring up from time to time.

We all copy things from one another. Projects, tool selections, techniques, etc.. I always try to give credit to the proper source if I copy someone's design or idea. I just think of it as integerity.
I have copied exact projects in the past from people whom are still living, for my own home, but I would never produce them for sale without the originators approval.
We also have folks like Kirk Constable, Mark Singer, The Swenson's, Alan Turner, Steve Wargo, etc.. that derive their livliehoods from woodworking here on the board. They're pro's and share willingly for the betterment of this forum. I wouldn't want to risk alienating them by ripping off their designs.

Always be repectful of other people's work, and give credit where it's due.

[Robert Mahon]

I like Marcus' idea.
Address please.

[Aaron Koehl]

Wow.. talk about waking a thread from the dead.

All, this was posted back in Nov. 2003.

[Richard Kagen]

While they will not do a civil suit to get you any money, if you can get to the right person they might start a criminal proceeding against this scum bag (sorry to use the technical/legal term here).

Once he gets served papers by a state Attorney General's office on criminal changes he might just reach out to you and offer you 100% of his ill gotten gains to call off the dogs.

Worth a call. Here in MA the Attorney General is an elected position and they can be very helpful.

Good luck - I do hate $hit like this.:mad:

[Scott Loven]

Sell it on ebay yourself!
Scott

[Mike Henderson]

While they will not do a civil suit to get you any money, if you can get to the right person they might start a criminal proceeding against this scum bag (sorry to use the technical/legal term here).

Once he gets served papers by a state Attorney General's office on criminal changes he might just reach out to you and offer you 100% of his ill gotten gains to call off the dogs.

Worth a call. Here in MA the Attorney General is an elected position and they can be very helpful.

Good luck - I do hate $hit like this.:mad:
Maybe one of the attorneys can comment, but I think infringing a patent or copyright is a civil issue and not a criminal offense. If so, the District Attorney will tell you to go file suit in civil court.

Mike