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  • 134 messages
  • June 02, 2014 12:01
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June 02, 2014 12:01

I fully understand that Catawiki, as a catalog, also includes illegal editions. That is a matter of information, and it is useful. Allowing people to offer these things through their shop is already a lot more difficult, and if not avoided, it can be made more difficult (by making "illegal publication" a property of the catalog item, and with these items no supply and demand on to take).

But what really strikes me as a problem (morally and legally) is offering illegal editions through the auctions.

Take Q & M's issues for instance. Item 3193291 seems to me to be a highly illegal reissue of an old commercial, not something that Graton or BP have allowed (let alone published). But this item is already for the third time (out of a claimed edition of 35!) on a Catawiki auction, http://veiling.catawiki.nl/kavels/385597-dat-wordt-een-champion-advertising-uitgaven-bp -sc-1e-druk-2012 http://veiling.catawiki.nl/kavels/277401-dat-wordt-een-champion-advertising-expenditure-bp-sc-1e-druk-2012?previous= and http:/ /veiling.catawiki.nl/kavels/443055-that-is-a-champion-advertising-publications-bp-sc-1e-druk-2012

Every time for a bomb of money. I'm not a lawyer, so don't ask me which laws are important here and which article is violated, but knowingly offering (even as a conduit) illegal counterfeiting or copyright violations does not seem wise to me. Catawiki promotes these sales directly and explicitly in the auctions, they have also been checked and approved by Catawiki, and Catawiki also earns money from them. It therefore seems to me that Catawiki is partly responsible for these copyright infringements.

I would appreciate it if Catawiki no longer put such things in auctions, and secondly see if an option that such things cannot be sold through the site can be implemented (I suggested a technical possibility above, but other ways are probably also possible) possible).

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  • Catalogue administrator
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  • June 03, 2014 00:07
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June 03, 2014 00:07

see also

Seems to me quite a lot of common ground

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  • 134 messages
  • June 04, 2014 10:00
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June 04, 2014 10:00

In both discussions no input from Catawiki managers as far as I see, while this is a fairly fundamental fact that must be determined by them. Putting their head in the sand doesn't really seem like the smartest long-term solution to me, if a rights holder ever files a complaint, they might be stuck with the baked pears.

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  • 1,106 messages
  • June 04, 2014 13:04
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June 04, 2014 13:04

In both discussions no input from Catawiki managers

the input of cata is stated in the user condition

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  • 134 messages
  • June 04, 2014 13:09
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June 04, 2014 13:09

I don't immediately understand what you mean here.

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  • 1,106 messages
  • June 04, 2014 13:26
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June 04, 2014 13:26

Terms of use are there for a reason to read from time to time.

4.2 If you buy or sell Lots via an Auction, you conclude a purchase agreement with another User and not with Catawiki. Catawiki only offers a platform on which Auctions are organized. Catawiki cannot exercise any control over the quality, safety, legality or correctness of the Lots offered, the authority of sellers to sell the Lots and the authority or ability of buyers to buy Lots. Catawiki can never be held liable for any damage suffered as a result of participating in an Auction as a buyer or seller. Article 15 applies in full

and then 14 to 15 complete read

is watertight at ebay use they use the same ebay has never lost a lawsuit with it and is also almost never sued it is always the user who is sued by the brands it is also almost always guzzi and co who have the illegal products removed from the sales channel and then sue the seller.

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  • 134 messages
  • June 04, 2014 13:44
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June 04, 2014 13:44

But eBay does not interfere at all with the sales, while you actively organize and promote the auction, with an auctioneer who decides what is included, estimates by you, mailings in which you decide to highlight some items and promote extra (like in the example above that illegal comic book release), and so on. I want to believe that eBay has not yet lost a lawsuit, but eBay does NOT work in the same way as your auctions. You can claim in your terms of use that "Catawiki only offers a platform on which Auctions are organized." but this is NOT in accordance with the truth.

Incidentally, it is not really clear in the terms of use how to report unlawful material if you do not want to To indemnify Catawiki and all people around it. Why (and how!) Should I, as a third party, protect Catawiki from anything?

I would like to have an explanation as to why Catawiki is ACTIVE selling illegal material at auctions (bootlegs, expenditures without rightholders' consent, counterfeits, forgeries) as self-selected and estimated auction items.

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  • 431 messages
  • June 04, 2014 13:55
June 04, 2014 13:55

@Tacozip
Incidentally, it is not really clear in the terms of use how you can report unlawful material if you do not want to indemnify Catawiki and all people around it. Why (and how!) Should I, as a third party, protect Catawiki from anything?

Any entitled party can report this by means of Article 1.12 of the Terms of Use.

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  • Catalogue manager
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  • June 04, 2014 14:08
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June 04, 2014 14:08

What an obligatory answer, Tammo. You are simply asked why Catawiki does what it does and does not exclude illegal products from the auctions. Is it so difficult for a company to have a clear and clear opinion about this and to propagate it wholeheartedly and transparently? Come on now.

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  • 134 messages
  • June 04, 2014 15:04
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June 04, 2014 15:04

@Tacozip
Incidentally, it is not really clear in the terms of use how you can report unlawful material if you do not feel like indemnifying Catawiki and all the people around it. Why (and how!) should I, as a third party, indemnify Catawiki against anything?

@Auctioneer

Any entitled party can report this by means of Article 1.12 of the Terms of Use.

? First I am told by your colleague to read the terms of use, then I do and explain what I dislike about the terms, and in your answer you completely ignore those terms? I refer to 14.6 of the conditions:

If you make a Report, you indemnify Catawiki and all affiliated companies as well as its management, directors, employees, representatives and legal successors against any claim from third parties in connection with the blocking or removal of User Material. The indemnification also relates to all damage and costs that Catawiki suffers, may still suffer or that Catawiki must incur in connection with such a claim, including - but not limited to - the reimbursement of costs for legal assistance.

If I just want to make a report, I don't mean to indemnify Catawiki etc. for anything, and if making a report means I waive any rights in any way (which is what this terms of use make it look like) I don't have to it isn't anymore. Your post does not answer my question, which you quote in full.

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  • June 04, 2014 15:34
June 04, 2014 15:34

@Tacozip

The terms and conditions clearly state that Catawiki will unmistakably remove unlawful User Material. This is clear enough and that Catawiki is indemnified is also clear.

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  • 134 messages
  • June 04, 2014 15:59
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June 04, 2014 15:59

Beautiful. Then why are you bringing in unmistakably illicit consumables up to three times at an auction, and even if the widely promoted top item this last time?

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  • 1,106 messages
  • June 04, 2014 16:03
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June 04, 2014 16:03

I believe I have to rectify something administrators do not belong to the Catawiki team, they are volunteers who maintain the Catalog in their field (they hope that anyway) they are paid by Catawiki again yet have them in one or more different form something to do with catawiki and / or influence

moderators, auctioneer etc belong to the catawiki team.

so what I say / write here is completely separate from catawiki and is my own accountability and opinion

mvrg baron

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  • 431 messages
  • June 04, 2014 16:34
June 04, 2014 16:34

@Tacozip
Then why are you bringing in unmistakably illicit consumables up to three times at an auction, and even if the widely promoted top item this last time?

We often receive conflicting emails from interested parties about whether or not an item is legal. Often for commercial reasons (keep price low or high) and that is why we would like a notification from the rights holder. Although sometimes different rightholders have registered for an item. But also because in some cases a (forced) deal was still concluded between the rightholder and the maker of an illegal publication. Usually third parties are not aware of this.
The item mentioned was also only reviewed on 2 June. At the time of screening / placing, since 04-11-2012 the Album series was listed as Advertising publications BP

@ baronselderie-58
moderators, auctioneer, etc. are part of the Catawiki team.

Moderator is volunteer work like an Administrator and does not get paid.
People who mention: Catawiki Team are paid by Catawiki.

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  • 1,106 messages
  • June 04, 2014 18:02
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June 04, 2014 18:02

sorry learned something again

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  • 134 messages
  • June 04, 2014 19:10
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June 04, 2014 19:10

So I may infer from this that items that are (correctly) marked as illegal will not be put up for auction? That would be great.

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  • Catalogue administrator
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  • June 04, 2014 20:11
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June 04, 2014 20:11

but bootlegs from the 70's LPs I'm not talking about the real stealing legal album copied that's real theft

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  • Catalogue administrator
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  • June 05, 2014 01:14
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June 05, 2014 01:14

This item was also only reviewed on 2 June. At the time of screening/posting, since 04-11-2012, Album series was listed as Advertising expenditure BP.

This suggests that auctioneers have blind faith in the correctness of the catalog information.

Does this also mean that the lot would not have been accepted if a manager had reviewed the information correctly and on time?

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  • Catalogue administrator
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  • June 05, 2014 08:57
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June 05, 2014 08:57

In any case, it would be wise to take a look in the history of (parts of) items that have not been reviewed as to who changed what and when. It would not be the first time that a creative provider (generally speaking, there is no opinion or statement about this 'case') quickly tries to change something in his favor (usually the catalog value)

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  • 151 messages
  • June 05, 2014 13:11
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June 05, 2014 13:11

@Pegag, idd. that happens more often !! Certainly that catalog value!

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  • 134 messages
  • August 03, 2014 19:10
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August 03, 2014 19:10

Could you perhaps consult each other or clarify the guidelines for all auctioneers?

I thought I understood from the discussion above that at least expenses classified as "ILLEGAL EDITIONS "are marked in the catalog, would not be auctioned, and that the above book would no longer be offered at auction now that it had been adjusted in this case.

But after all the above auctions, this same (extremely rare! Except here ...) book was offered again last week, http://veiling.catawiki.nl/kavels/629847-dat-wordt-een-kampioen-reclame-uitgaven -sc-1st-edition-2012

Catawiki is on very slippery ice here, and the forum also loses all usefulness in this way if the users are fooled into vomiting. Perhaps you could encourage the various comics auctioneers to respond here so that there is a line in what is offered and not, and preferably one that follows the law (actively promoting the sale of things that you know or strongly suspect are being illegal is not really wise ...)

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  • 134 messages
  • August 05, 2014 11:25
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August 05, 2014 11:25

In the meantime I have had a direct answer from the auctioneer, who has no interest and/or time to answer here. Posting someone else's mail is not allowed, so in short the answer is this

*Yes, it is against the guidelines to put illegal issues (except very old ones) up for auction, but

*This item is still offered because people used to do that before, when they didn't know it was illegal yet...

Bizarre reasoning... Fortunately there are only 35 copies (unnumbered, so nothing stops the maker of this illegal work from making 350 of course), so another 30 and we've had them all on Catawiki!

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  • August 05, 2014 17:40
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August 05, 2014 17:40
Mmn would it be illegal to offer illegal copies of an illegal comic book as original illegal copies? And who will you complain of to the maker of the original of which there is an illegal copy of which you have made an illegal copy or does the copyist feel that his copyright is infringed because he is being copied? Interesting cost for a copyright lawyer
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  • 134 messages
  • August 05, 2014 19:07
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August 05, 2014 19:07

Well, I'm not a lawyer, but I think it's similar to (a mild form of) fencing, or to market stalls selling illegal Nikes or Louis Vuittons. Catawiki doesn't make illegal comics, it doesn't sell them (that's what the shops that offer them at the auction do), but it does directly and consciously promote their sale and collects a percentage.

Suppose a municipality or organization promotes "The Counterfeit Market! Buy real Adidas and Viagra pills from our sellers for a fraction of the price!", then there would quickly be a lot of negative reactions. Of course it doesn't happen systematically here, but in the end it comes down to the same thing.

Oh, and the excuse that before this last sale the item wasn't labeled "illegal" is also pretty lame, if you have paid experts for your auctions they should know that such a comic was not legally published...

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  • August 05, 2014 21:50
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August 05, 2014 21:50

Tacozip In any case, I am legally trained enough to know that there is no fencing as it concerns selling stolen goods, and it is not a stolen pallet of original comics from the comic book printer.

Counterfeit Nikes and Adidas are Trademark forgeries a completely different legal area than Copyright.

Copyright is much more difficult than Trademark law, Copyright concerns something created by your mental fantasy, from your brain,

You also have it right to supremacy. A T-shirt with a weed leaf that resembles an Adidas emblem with the text underneath Adihash, everyone knows what you mean but it is clearly a perception of the Adidas brand, that is immediately clear to every judge,

With Copyright, is that a bit more difficult is a sex version of Lambik and Aunt Sedonia a peculiarity or an attempt to make illegal money with the spiritual creation of Willy Van der Steen? a lot more complicated. The jurisprudence on such cases is also more confusing so that in the latter case you never know which side it will fall double in a court case.

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