Stolen design being sold on etsy

Submitted ⁨⁨6⁩ ⁨months⁩ ago⁩ by ⁨BlueMagma@sh.itjust.works⁩ to ⁨3dprinting@lemmy.world⁩

I know it’s not a new problem, but I don’t know what I can or should do…

I’m made a design that I shared for free on thingiverse under a Creative commons, attributions, non-commercial license.

I’ve been made aware today that two etsy sellers are using my design, they didn’t ask me and they don’t attribute me. I don’t particularly mind that people print and sell my design (I understand the added value of it already being printed for the user) , but I feel it is unfair to buyers to not be made aware that the design is free and they could easily get it printed cheaper elsewhere (design is small, it’s like half a dollar worth of plastic).

It would also have been nice to send me a share of the profit made from my design…

What can I do or should I do ?

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Comments

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NOT_RICK@lemmy.world ⁨6⁩ ⁨months⁩ ago
www.etsy.com/legal/ip-dmca/

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jkrtn@lemmy.ml ⁨6⁩ ⁨months⁩ ago
Do a DMCA takedown with Etsy. They are violating your copyright. Copyright law kinda sucks but it’s the only tool we have to enforce stuff like CC licenses.

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- littlebluespark@lemmy.world ⁨6⁩ ⁨months⁩ ago
  To be fair, Etsy’s automated systems will take down listings without vetting the takedown claim, as long as the fields in said claim are filled out with non-blatantly false info. There’s little to no fact-checking on the backend and fraudulent takedowns are a known method by scammers to get competing (legit?) shops discredited.
  
  On one hand, yes, use the DMCA takedown request form. On the other, fuck Etsy sideways with a busted rake.
  
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  - grue@lemmy.world ⁨6⁩ ⁨months⁩ ago
    The DMCA safe-harbor provision requires them to act on takedown claims with little-to-no vetting. In contrast, counter-claims are made under penalty of perjury. It’s a deliberately unfair system that puts the person who wants to censor the content at a huge advantage over the person who wants to keep using it.
    
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  - jkrtn@lemmy.ml ⁨6⁩ ⁨months⁩ ago
    Yeah it sure would be nice to have these companies do some vetting. Unfortunately that would cost them money, so we cannot be doing something like that.
    
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FireTower@lemmy.world ⁨6⁩ ⁨months⁩ ago
Reach out to the seller. Assert to them that you own that IP and that it was released with a limited license that doesn’t include their sales. Say that they need to either stop or purchase a license from you to continue. If they don’t stop or want to get a license now is the point for you to contact an IP lawyer.

You could go straight to the lawyer option but this should save you some money and possibly resolve it without outside help.

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- beefbot@lemmy.blahaj.zone ⁨6⁩ ⁨months⁩ ago
  Did the AI who stole OPs design write this comment because good lord it’s not the 2000s anymore & any social contract about these things is G O N E
  
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  - voracitude@lemmy.world ⁨5⁩ ⁨months⁩ ago
    Sure, it’ll probably amount to nothing and OP will have to report the store, maybe go water then for IP theft if the sellers want to be arseholes about it. But it’s always worth trying, even if it’s just so you can say you did.
    
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nonailsleft@lemm.ee ⁨6⁩ ⁨months⁩ ago
Buy 50 with a credit card or paypal

After delivery challenge the payment because it’s stolen IP

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- technomad@slrpnk.net ⁨6⁩ ⁨months⁩ ago
  #maliciouslifeprotips
  
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wccrawford@lemmy.world ⁨6⁩ ⁨months⁩ ago
My mother lost her shop because she was selling charms (on bracelets she made) that had copyrighted/trademarked designs that she bought from China. She didn’t produce the actual infringing part, just partnered it with her own stuff. She still lost her shop after a few strikes.

I assure you that Etsy is serious about that, but it takes a few reports to actually shut the shop down. If nobody else is reporting them, it could take forever.

Go ahead and report them. If they’re really bad about this, they’ll lose their shop immediately. Otherwise, it’s a very strong warning.

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HootinNHollerin@slrpnk.net ⁨6⁩ ⁨months⁩ ago
Sign them up for Scientology

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thantik@lemmy.world ⁨6⁩ ⁨months⁩ ago
Is the design PURELY artistic in nature? If so, you can file with Etsy.

Is the design something that’s used for a purpose, mechanical in nature, etc? If so, there’s not much you can do.

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- BlueMagma@sh.itjust.works ⁨6⁩ ⁨months⁩ ago
  It’s functional mostly.
  
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