Copyright Infringement Policy
To file a notice of infringement with WeBidz, you must provide a written communication (by post or email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and lawyers fees) if you materially misrepresent that a product or activity is infringing your copyrights.
In a recent case http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/, a company that sent an infringement notification seeking removal of on line materials that were protected by the fair use doctrine was ordered to pay such costs and lawyers fees. The company agreed to pay over $100,000. If you are not sure whether material available on line infringes your copyright, we suggest that you first contact a lawyer.
WRO (WeBidz Rights Owners) Program:
1. Provide and keep updated information that is reasonably sufficient to permit WeBidz and the party you are reporting to contact you (Notice_of _Infringement.pdf). Only persons listed on this form will be allowed to file addendum's for this WRO account. If you do not want to create an account on WeBidz, we can create an account with the information you provide us in the Notice of Infringement.
2. Complete an (Addendum_to_Notice.pdf) to report specific auctions. Include the reason code and identify the material that you claim is infringing in the description section. Failure to complete properly could result in action not being taken against the auction(s) in question.
3. (optional) Maintain an "about me" page, to inform sellers on the WeBidz site what is allowed and not allowed, in regards to your intellectual property. This page would be maintained by you, and would be for informational purposes.
4. (optional) Provide WeBidz html documentation to post publicly (Intellectual Property Statement), detailing specific violations of your copyrights and or trademarks. This page would be used as an enhancement to our current listing guidelines, and auctions may be removed for such violations. Information on this page must be specific and accurate information. This page must contain accurate contact info, including contact name, address, phone number and email address. If any contact info is found as invalid, the page will be removed immediately. The posting party must respond to all valid queries from site staff or members, otherwise page content may be removed. Any removed pages will still be available for the public to view, but will not be considered listing policy guidelines.
WeBidz site members would be able to use these pages to report listing violations on the site. WeBidz will not "read between the lines", or make judgment calls on these type of reports. If we are unsure if it violates anything listed on the Intellectual Property Statement page, we will not remove the listing. It would then take a Addendum to Notice report to remove the listing.
WeBidz has a legal obligation to remove auctions that copyright infringement has been claimed. Although we do not always agree with or know all the facts, we do comply with most reports. WeBidz will not side with or negotiate any disputes arising from any Notice of Claimed Infringement reports. We will follow WeBidz procedures in ending auctions listed in the report, notifying the seller of removal(s), providing the seller full report details, and posting appropriate details publicly.
We will be posting all Addendum to Notice reports publicly. These will be categorized by WRO member, and will include the addendum only. Which will include the date, WRO user id, person filing the claim, auctions reported, and what they were reported for. This way the general public can view report activity for all WRO members. We will not post Notice of Infringement publicly, which is where contact info is located. When auctions are ended, the seller will receive a copy of both (for the pertaining report only). It is a violation of site policy to post any members contact info, sellers receive this info for contact and legal purposes only. Do not post WRO members contact info in our forum, blogs, or anywhere else on the site. Such posts will be immediately removed.
If a seller feels their auctions are being wrongfully ended, we suggest contacting the WRO member for possible resolutions. If you feel they are not cooperating, you may want to contact other members that have had their listings ended by this member, to see what they have done. If you feel the complainant is filing complaints illegally, you may want to visit http://w2.eff.org/legal/victories/more.php, for information on possible legal action against the WRO member.
Policy Concerning Repeat Infringes:
Under the appropriate circumstances, it is WeBidz policy to remove and/or to disable access to bids on users auctions that have repeat infringes, and to suspend members and account holders who are repeat infringes.
PO BOX 848
Moxee, WA 98936
November 02, 2007