Who is this guy? giacomobehar3wkj

[jmkeuning]

This guy f'ed with the wrong bull.

[Federalist Pens]

Lisa, You should report this to ebay nonetheless!

 

You can see your signature on the pic plain as day!

 

 

Frank

[FarmBoy]

I'm not a flicker user, I don't sell on ebay, I point and click and hope for the best, I don't get mad, but I have an idea. It would most certainly get him in trouble.

 

I'll PM you.

 

T

[ethernautrix]

Update: I already tried Todd's idea, but the guy copied my photo, didn't link to it, which is a violation of flickr's TOS (I'm pretty sure he doesn't care about flickr's TOS).

 

Sunnerd wrote me last night (I just read the PM) that Behar had written to him that "since it was a 'big deal,'" he would relist the pen without "the offending photo." So Sunnerd reminded him that Behar was using two of his photos, as well; please stop using them.

 

It's about 7:35 AM in California, and I have to get to work. Oh look, the listing hasn't changed at all.

 

Behar hasn't written to me, so I guess now I'll have to write to him again using lawyer words like "cease and desist" and "copyrighted material," as one of you kindly recommended.

 

I wish there were a way to contact the bidders to let them know that they're not bidding on the pen in the photo. Sunnerd's pen is a fountain pen, so there's more misrepresentation there. When I look at pens on eBay, I expect the pen pictured to be the one I'm bidding on. If it isn't, I expect to see a notice that says something like "pen on auction is similar to the one pictured." And if the photograph is copyrighted, then I expect to see a photo credit. Otherwise, I suspect something's NOT RIGHT with the auction, a hint of fraud, and I wouldn't bid. I could say "that's just me," but I think it's common sense, too.

 

And let's say the pen Behar is selling is in great condition and exactly as represented, the guy is still a jerk for continuing to use the photos illegally after being notified. He can't claim ignorance now.

Edited December 1, 2009 by ethernautrix

[drunken spider]

When I look at pens on eBay, I expect the pen pictured to be the one I'm bidding on. If it isn't, I expect to see a notice that says something like "pen on auction is similar to the one pictured." And if the photograph is copyrighted, then I expect to see a photo credit. Otherwise, I suspect something's NOT RIGHT with the auction, a hint of fraud, and I wouldn't bid. I could say "that's just me," but I think it's common sense, too.

 

 

 

Not just you. I expect to bid on what I see in the photos and if it says library photos or some-such, then I am automatically suspicious. This is not 1998. EVERYONE has the ability to take a digital photo nowadays.

 

As far as this unethical lawyer goes, send him a bill. Your photo, your IP and he should be charged for using it. Even if he removes the pics he should still be billed for the time he has used it/them. He has after all attracted bids with YOUR photos.

[Tanglewood]

Here's one person hoping that you don't fade on the impulse to contact the Bar. If this guy is this arrogant and cavalier about selling pens, think how he must be with professional clients. Not a pretty thought. You are immune from retaliation. It is sort of like contacting child protective services. They cannot later come after you with a vengeful mind. What you did by contacting the ethics board, or CPS, was done in the best interest of the community/child. That kind of action is protected, by definition.

 

Update: I already tried Todd's idea, but the guy copied my photo, didn't link to it, which is a violation of flickr's TOS (I'm pretty sure he doesn't care about flickr's TOS).

 

Sunnerd wrote me last night (I just read the PM) that Behar had written to him that "since it was a 'big deal,'" he would relist the pen without "the offending photo." So Sunnerd reminded him that Behar was using two of his photos, as well; please stop using them.

 

It's about 7:35 AM in California, and I have to get to work. Oh look, the listing hasn't changed at all.

 

Behar hasn't written to me, so I guess now I'll have to write to him again using lawyer words like "cease and desist" and "copyrighted material," as one of you kindly recommended.

 

I wish there were a way to contact the bidders to let them know that they're not bidding on the pen in the photo. Sunnerd's pen is a fountain pen, so there's more misrepresentation there. When I look at pens on eBay, I expect the pen pictured to be the one I'm bidding on. If it isn't, I expect to see a notice that says something like "pen on auction is similar to the one pictured." And if the photograph is copyrighted, then I expect to see a photo credit. Otherwise, I suspect something's NOT RIGHT with the auction, a hint of fraud, and I wouldn't bid. I could say "that's just me," but I think it's common sense, too.

 

And let's say the pen Behar is selling is in great condition and exactly as represented, the guy is still a jerk for continuing to use the photos illegally after being notified. He can't claim ignorance now.

[AltecGreen]

The auction for the Christie is now over.

 

Looks like someone terminated the auction early because Ethernautrix's screen capture showed 4 days left on the auction yesterday.

[sunnerd]

Yup, and he relisted it without Lisa's and my pictures. yey!

[drunken spider]

The listing has ended but it has been re-listed. The picture by ethernautrix has been removed from the new listing but the other pictures are the same. Are they dodgy too?

If they are I will report it again.

[sunnerd]

Suffix to say that until I see a picture of the pen with his name written in a piece of paper in the background, I would be very sceptical that the photos shown in the auction entry are true representation of the real pen he is selling. I can only say that personally I would never buy from him.

[AltecGreen]

The listing has ended but it has been re-listed. The picture by ethernautrix has been removed from the new listing but the other pictures are the same. Are they dodgy too?

If they are I will report it again.

 

 

All of the pictures in his listings are from someone else. He uses several from The Goat Eater on the Parker auction that still has The Goat Eater's name on them. He used some pictures from Worldlux on the Boehme auction.

[Ghost Plane]

Sounds like the ethics review committee for that bar association needs to be made aware. I concur with a poster above. If this guy cuts ethics rules on eBay, where else does he cut them?

[ethernautrix]

Just back from a meeting, and I noticed that the item has been re-listed.

 

I had sent a third complaint to eBay -- and other flickr and FPN friends complained, as well; moreover, in addition to the message I sent to the seller using the words "cease and desist" and "copyright violation," I sent another message informing him that the fee for using my work was $100 and that he should have consulted me about my fees before using my work without my permission.

 

All Sunnerd and I wanted was for the seller to stop using our photos. So, I'm satisfied.

 

Thank you, everyone, for your practical suggestions and moral support. I really appreciate your camaraderie! You-all are awesome!

 

Lisa

[ethernautrix]

Sounds like the ethics review committee for that bar association needs to be made aware. I concur with a poster above. If this guy cuts ethics rules on eBay, where else does he cut them?

 

 

I agree.

 

I'm wondering what TheGoatEater's reaction is. I wonder if the seller got the message that he isn't allowed to use photographs just because they're on the Internet. Using them without permission is stealing. It wouldn't be as big a deal if he weren't trying to profit from other people's work.

[sunnerd]

Based on the correspondences I had with the seller, I think his view is that any pictures published in the Internet is public domain and so he can use without permission. Obviously he has not studied the prevalent Copyright laws and he is out of his depths on these topics.

 

Thanks guys for all your help and support here. Much appreciated.

Edited December 1, 2009 by sunnerd

[OcalaFlGuy]

I'd file a complaint with his states bar association just for the grins of knowing his peer sanctioning authority would spank him over an issue he was supposidly an expert in.

 

Wouldn't cost anything...

 

Bruce in Ocala, FL

[Fernan]

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....

 

 

 

Hey! I'm with you on this one.

 

It's just that I've never seen/read you in such a state. Not that it entered my mind that you could not work yourself into such a state, for good cause.

 

However,

 

I just wanted to humour you a little. Guess I was a little early. Bad timing.

 

 

 

Sophie was a really nice dog, very congenial, didn't show much temper. But there were some things that she could get worked up about. She was very possessive, or defensive if you want, of those that she loved. I always felt secure when she was around me. And she did tolerate much from me, such as getting close to that piece of bone with meat on it. I guess she knew I had no intention on it.

 

If Sophie was still alive, I would point my finger at that thief.

 

 

Have a nice evening, and looking forward to see/read you back into your normal state of being, which I consider to be somewhat a little more zen-like.

Edited December 2, 2009 by Fernan

[ethernautrix]

Dear Fernan,

 

My ex used to laugh and say that I had too much steam in my self-esteem.

 

In other news:

 

In case the embedded media doesn't work:

.

 

(smiley face)

Edited December 2, 2009 by ethernautrix

[Ghost Plane]

Awwwwwwwwwwww - ook at da widdle putty :meow:

[Felyne]

The thing I find most annoyingly serious about this is it's not a situation where a blogger has written a blog and not given credit where due (which I think is an extremely rude thing to do), this is someone who is using the photos for FINANCIAL GAIN - the major reason copyright laws intended to protect from (imo) - where permission has expressly been denied (and only after discovery, no authorisation was ever sought).

 

I also find it extremely misleading that there was absolutely no mention in his auction that the pictures were not of the actual pen for sale (if one even exists).

 

Glad eBay pulled it - shame he was able to relist in a heartbeat. Does anyone know if eBay puts strikes against you as a seller when you do this sort of bad behavior?

 

 

"Attorney Behar is a member, in good standing, of the American Immigration Lawyers Association and currently serves as the Chairman of its San Diego chapter’s liaison committee with the Immigration Service’s California Service Center in Laguna Niguel, California."

 

I wonder if the Association condones this sort of behaviour.