Would this be considered harrasment?
This topic has been closed.
This discussion is public.
Original Post
First off, this has NOT happened to me. I am just wondering what Etsy's policy is on this. Let's say you get contacted by an attorney demanding that you take down all of your items due to copyright infringement (Again, this hasn't happened to me so I'm not posting any private info). They are using Etsy's convo system to constantly contact the seller, which has complied and removed all of the infringing listings. And now the attorney is demanding the seller to pay a fine and is hounding the seller? Is this a misuse of Etsy's convo system? Shouldn't this be handled outside Etsy? Just wondering.
Posted at 2:50pm Sep 16, 2010 EDT
Responses
if said items were a copright infringement then no they are in the right to convo someone to tell them to remove them. in fact they have the right to contact etsy admin and ask that said items be removed from that shop. if shop owner relists them that shop can be suspended
Posted at 2:51pm Sep 16, 2010 EDT
absolutely understandable LaurieRyan. But what if the seller complied, removed all listings but this attorney is STILL contacting them repeatedly demanding money?
Posted at 2:53pm Sep 16, 2010 EDT
Etsy is probley the only way the attorney has of contacting the seller
and
The seller is using etsy to infringe on their clients copyright.
Posted at 2:53pm Sep 16, 2010 EDT
Once the items were removed, the seller has complied with the C&D. I would let this lawyer know that in the future all communication should be done via email.
If they continue, I would contact etsy abuse.
Posted at 2:54pm Sep 16, 2010 EDT
And now the attorney is demanding the seller to pay a fine and is hounding the seller? Is this a misuse of Etsy's convo system? Shouldn't this be handled outside Etsy? Just wondering.
-------------------------
I'm no expert, but I am thinking only a judge has the power to fine the seller.
If I were that seller, I would ignore any further contact once the infringement items have been removed.
And this thread will be locked - doesn't matter if nobody in particular is identified, it's still "private" business not to be discussed in forums.
Posted at 2:54pm Sep 16, 2010 EDT
have them send an official letter to your lawyer, or to you. they cant make you pay any fine, only a court can. and yes, if you tell them to stop contacting you through convos, and they continue, it could be harassment. that isnt the proper way an attorney would notify anyone of infringemnet
Posted at 2:54pm Sep 16, 2010 EDT
any attorney worth his salt wouldn't be using the convo system to contact someone for money. They would utilize the brains god gave them to go to law school with and contact the seller directly via certified mail.
Posted at 2:55pm Sep 16, 2010 EDT
I was just wondering if the repeated convos would be considered harassment. I guess if it's a legal issue it isn't? And I know this looks like one of those "hypothetically speaking but actually it's really happening to me" type situations, but I swear it's not lol
Posted at 2:55pm Sep 16, 2010 EDT
its probably not even really an attorney. have you gotten their firm info and contacted the firm?
Posted at 2:55pm Sep 16, 2010 EDT