Who is this guy? giacomobehar3wkj

[Nikhil]

I have another problem with him

Montblanc Agatha Christie Limited Edition Ballpoint MONTBLANC WRITERS EDITION 1993 AGATHA CHRISTE L.E. BALLPOINT PEN (LIMITED & RARE: SOLD OUT LONG TIME AGO – THE MOST DESIRABLE AND HARDEST TO FIND: THE AGATHA CHRISTIE SERIES' BALLPOINT VERSION..

Clearly the BP is not more desirable then the FP (to me). And shipping is over 123 dollars!!!!!!!!! Give me a break, sheesh

Edited December 1, 2009 by Nikhil

[ethernautrix]

It is pretty clear this guys is stealing pictures from all over the net. Many of his 'picture' are only small thumbnails since he did not have access to the original pictures.

 

 

I looked at his other auctions. Many are pictures from the manufacturer's site. On the Boheme auction he stole a picture from WorldLux.

 

One of the pics from his Parker Snake pen auction looks like it came from David Nishimura's site. He also stole some Parker pictures from FPN.

 

 

Take a look at the pictures on this thread and compare them to the one in the auction.

 

http://www.fountainp...showtopic=37815

 

http://cgi.ebay.com....=item3a555307d4

 

Ruh-Oh... :blink:

 

The plot thickens...

[HenryLouis]

Lisa,

 

I hope everything clears up.

 

Henry

[AltecGreen]

It is pretty clear this guys is stealing pictures from all over the net. Many of his 'picture' are only small thumbnails since he did not have access to the original pictures.

 

 

I looked at his other auctions. Many are pictures from the manufacturer's site. On the Boheme auction he stole a picture from WorldLux.

 

One of the pics from his Parker Snake pen auction looks like it came from David Nishimura's site. He also stole some Parker pictures from FPN.

 

 

Take a look at the pictures on this thread and compare them to the one in the auction.

 

http://www.fountainp...showtopic=37815

 

http://cgi.ebay.com....=item3a555307d4

 

Ruh-Oh... :blink:

 

The plot thickens...

 

 

I just sent e-mails to Worldlux and to FPN member GoatEater. GoatEater is a eBay seller who is still active.

[ethernautrix]

I have another problem with him

Montblanc Agatha Christie Limited Edition Ballpoint MONTBLANC WRITERS EDITION 1993 AGATHA CHRISTE L.E. BALLPOINT PEN (LIMITED & RARE: SOLD OUT LONG TIME AGO – THE MOST DESIRABLE AND HARDEST TO FIND: THE AGATHA CHRISTIE SERIES' BALLPOINT VERSION..

Clearly the BP is not more desirable then the FP (to me). And shipping is over 123 dollars!!!!!!!!! Give me a break, sheesh

 

When I look at the shipping costs, it says $16.85 UPS 3 Day Select. Where are you seeing $123 for shipping?

[AltecGreen]

I have another problem with him

Montblanc Agatha Christie Limited Edition Ballpoint MONTBLANC WRITERS EDITION 1993 AGATHA CHRISTE L.E. BALLPOINT PEN (LIMITED & RARE: SOLD OUT LONG TIME AGO – THE MOST DESIRABLE AND HARDEST TO FIND: THE AGATHA CHRISTIE SERIES' BALLPOINT VERSION..

Clearly the BP is not more desirable then the FP (to me). And shipping is over 123 dollars!!!!!!!!! Give me a break, sheesh

 

When I look at the shipping costs, it says $16.85 UPS 3 Day Select. Where are you seeing $123 for shipping?

 

 

Some people are looking at his auction on eBay.au.

 

 

There the shipping prices are for UPS Worldwide Saver thus the $123. I checked this against UPS and it is close enough.

[Deirdre]

That is very odd!! Did you see the price for shipping?

You're looking at the Australian site. It's based on the cost of overnight UPS to Australia with insurance. It's far more reasonable shipping price in the US.

[ethernautrix]

In case anyone has any doubt, the pen pictured? It's not for sale. I have it in a Franklin-Christoph Penvelope at home. I don't know where Sunnerd keeps his. Far as I know, his is not for sale, either. I wonder if any of the photos this Behar fellow has posted is of the actual pen he's selling. I'm just wondering why he didn't take pictures of HIS actual pen. Hrm...

[Deirdre]

Yeah, that bugs me: why not show what YOUR OWN pen looks like?

 

Someone tipped me off that a seller was using one of my photos, and I contacted him and he removed it. It was a celluloid pen, and I pointed out that he didn't want to mislead people that it looked like my pen when the patterning on his own pen was different. Now I have a more liberal license: Creative Commons with attribution, but it's no commercial use. I'd probably have said yes if he'd asked first and made it clear it was a different pen....

Edited December 1, 2009 by Deirdre

[ethernautrix]

Oh look, Giacomobehar joined FPN August 9, 2008, was last active August 27, 2008. He participated in one thread, which he started: KAFKA FP & DOSTOIEVSKY RB or FP Still worth acquiring?

 

Nothing really to go on. Don't know why he won't simply stop using photos that don't belong to him. It's very UNFPN of him.

 

 

 

[Fernan]

Grrr...

 

 

This is mine...

 

 

I may look nice and soft, but don't you dare...

 

 

http://farm3.static.flickr.com/2507/4148341443_fe43992a37_o.jpg

Edited December 1, 2009 by Fernan

[sunnerd]

Lisa, for what is worth, advise to take screenshots of the ebay entry that has used your pictures without authorisation, just to keep it as a record.

I'm trying my hardest to get ebay to terminate this entry so it may not stay there for long.

I'll also try to get this seller's ebay account terminated. Just look at his other listings, most (if not all) of the pictures are not his.

Edited December 1, 2009 by sunnerd

[ethernautrix]

Yeah, that bugs me: why not show what YOUR OWN pen looks like?

 

Someone tipped me off that a seller was using one of my photos, and I contacted him and he removed it. It was a celluloid pen, and I pointed out that he didn't want to mislead people that it looked like my pen when the patterning on his own pen was different. Now I have a more liberal license: Creative Commons with attribution, but it's no commercial use. I'd probably have said yes if he'd asked first and made it clear it was a different pen....

 

American Express Publishing wanted to use one of my photos for one of their websites -- for free. I thought, hey! This is a huge conglomeration of publishing and other corporations; they can afford to pay me a nominal amount for use of one of my photos instead of making it seem as if they were doing me the favor of "ooo, a photo credit!" plus keeping the rights of the photos for use in whatever context they should ever want to use it for. Maybe I'm a crazy American, but I think I should be paid for that. People actually used to get paid for that kind of work; it was called photojournalism.

 

I don't mind if bloggers link to my photos and give the proper citation, as long as it isn't for commercial reasons. I've given stand-up comedians the rights to use the photos I've taken of them; I've sent them the larger files and given them other photos that I didn't post in flickr, for them to use however. I said I'd appreciate the photo credit, but I was happy to give them the photos for their Facebook pages and websites.

 

If someone wanted to use my photos to sell their pens on eBay, I would say no. Why? Cos they aren't selling MY pen. If they were all friendly-like and asked if I would take photos of their pens, if I felt like it, I would say sure; if they said, "I'll buy ya coffee or toss a coupla bucks your way," then that would be cool, too. I'll use my photos to sell my pens, cos, duh, those are the pens I'm selling. It isn't right for folks on eBay to say, "This looks like the pen I'm selling, so I'll use this photo." What if their pen has a huge scratch? Or is a counterfeit?

 

My attitude is: ASK ME. You want to use my photo(s)? ASK ME. If you're trying to make money off me, though, well, you should send some of that scratch my way. Cos I did the work, that's why.

Edited December 1, 2009 by ethernautrix

[ethernautrix]

Lisa, for what is worth, advise to take screenshots of the ebay entry that has used your pictures without authorisation, just to keep it as a record.

I'm trying my hardest to get ebay to terminate this entry so it may not stay there for long.

I'll also try to get this seller's ebay account terminated. Just look at his other listings, all the pictures are not his.

 

The original size is 1280 x 1024.

 

http://farm3.static.flickr.com/2676/4149134036_c67682d6a0.jpg

[reprieve]

Wow. My mind boggles at the sheer insolence. I hope this guy gets banned from E-bay, and that you and Sunnerd both report him to the California State Bar.

[Deirdre]

If someone wanted to use my photos to sell their pens on eBay, I would say no. Why? Cos they aren't selling MY pen. If they were all friendly-like and asked if I would take photos of their pens, if I felt like it, I would say sure; if they said, "I'll buy ya coffee or toss a coupla bucks your way," then that would be cool, too. I'll use my photos to sell my pens, cos, duh, those are the pens I'm selling. It isn't right for folks on eBay to say, "This looks like the pen I'm selling, so I'll use this photo." What if their pen has a huge scratch? Or is a counterfeit?

 

My attitude is: ASK ME. You want to use my photo(s)? ASK ME. If you're trying to make money off me, though, well, you should send some of that scratch my way. Cos I did the work, that's why.

I do get your point about making money or a counterfeit, but in the case of this particular photo, it's of a pen that was never counterfeited, and the guy was simply a bad photographer. Not that I'm so great (I'm not), but like you say: ASK.

[kestrel]

Lisa,

I do the occasional professional shoot (snakes, though, not snake pens) and my stock agents always say that the copyright on the image belongs to the photographer the instant the shutter snaps. Any publication (print or electronic) of that image without your consent is a violation of copyright law. It isn't just bad manners, it is illegal. It is stuff like this that is making it increasingly hard for professional photographers to survive financially. Stick it to him.

 

Very nice image, by the way.

[Tanglewood]

I've replaced the photo with the original one, but here is the list of tags to the right of the photo. The last one is new. I don't remember when I added the copyright symbol and my name, but it was "a while ago." The rest have been there since June 21, 2008.

 

I believe that the copyright symbol is a formality. I own the copyright whether or not I plaster my photographs with it or not. Am I right? And anyway, what ATTORNEY doesn't know to do his due diligence? I'm not an attorney, and I understand due diligence!

 

Here are the tags:

 

Montblanc Agatha Christie (ballpoint) [x]

 

June 21, 2008 [x]

 

Photo by Lisa Miyako [x]

 

All rights reserved [x]

 

Do not use without written permission [x]

 

I like pens. [x]

 

Montblanc [x]

 

fountain pen [x]

 

© Lisa Miyako [x]

 

NO! YOU DO NOT HAVE MY PERMISSION TO USE MY PHOTOGRAPHS TO SELL YOUR MERCHANDISE ANYWHERE. DO NOT USE MY PHOTOS. [x]

 

 

Okay...so I graduated from law school. But I'm not a lawyer. I am through and through a shrink. A shrink with a law degree. (danger danger Will Robbins!) Nonetheless, while in law school I took a survey course of Intellectual Property. Here's what I think I learned: when the artist/composer/painter/writer fixes the form of his/her work - i.e., finishes it - and places it in a public forum identifying themselves as the artist, property rights follow and belong to the artist.

 

Am I right Mr. giaXXXXXCC3wkj? You're the one who passed the bar.

[ethernautrix]

Grrr...

 

 

This is mine...

 

 

I may look nice and soft, but don't you dare...

 

 

You know, Fernan, I've had plenty of things taken from me. It's so I've developed a low tolerance for it....

[sunnerd]

In case anyone has any doubt, the pen pictured? It's not for sale. I have it in a Franklin-Christoph Penvelope at home. I don't know where Sunnerd keeps his. Far as I know, his is not for sale, either. I wonder if any of the photos this Behar fellow has posted is of the actual pen he's selling. I'm just wondering why he didn't take pictures of HIS actual pen. Hrm...

 

Just for the record, my Christie is a Fountain pen and not a ballpen. It's currently living happily with my other MB WE pens in their own MB pen box. Mine is not for sale (I don't think I can easily get another broad nib.

 

I have had my pictures taken for unauthorised use in blogs and other publications before and this really annoys me to no end. Anyway, this is a new low and I vow to get this guy off ebay.