someone on ebay is copying my copyright CD. My software is Registerd in Copyright.gov. How do i sue him/her? Do i need evidence other then hes selling them on ebay? Serouse answers only please. Thank you
2007-10-20 06:32:57 · 1 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If the person purchased the CDs from you and is reselling them -- that's allowed. If the person is making copies and selling them -- that's a violation.
The process is simple, the details are not.
You need to file a lawsuit in the federal courts -- naming eBay and naming the eBay member who is infringing. Naming eBay is for the purpose of getting the person banned and for having pressure to force eBay to identify the user -- then you let them off the hook.
It has to be federal court because copyright law is exclusively federal jurisdiction. But because it is registered, you can claim statutory damages for the infringement.
If some of these terms are unfamiliar -- then you need to find a lawyer who specializes in copyright law, or internet law, or at least business law. If you are in California or Oregon, feel free to contact me privately.
2007-10-20 10:54:11 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋