Move over RIAA and MPAA, when it comes to callous and cold-blooded lawsuits the Embroidery Software Protection Coalition (ESPC) has taken lawsuits to the next level. Who would’ve ever thought this possible?
Apparently people on Ebay have been selling CDs filled with bootleg embroidery patterns, much to the chagrin of the ESPC. Yet, rather than go after the people selling them they’ve decided it’s easier to go after the little old lady who’s buying them.
Using records obtained from both eBay or eBay resellers, the ESPC has gone through the lists and fired off letters to all the “dangerous” Grandmas out there using pirated embroidery designs for their own “selfish” interests.
The letter states:
(This) is a legal notice – and “not an advertisement, solicitation, or a scam” as one might assume — from the Embroidery Software Protection Coalition (ESPC). The ESPC, after an investigation including records recently obtained from eBay or eBay resellers, has determined that the recipient has “purchased and utilized counterfeit and pirated embroidery designs online … and that these pirated copies of embroidery designs are in your possession, all in violation of the Federal Copyright Act.”
…under federal law, civil damages “may be $30,000.00 per design, not per CD. Additionally, the Court has discretion to increase the amount of statutory damages to $150,000.00 for each Copyright violated if the infringement was willful.” After a few more threats, the ESPC allows that the organization is willing to resolve the matter if the recipient will agree to send the ESPC the pirated designs, promise not to buy illegal copies of embroidery designs in the future, and “pay a nominal monetary sum to the ESPC for your past wrongful conduct.”
How are many of these ladies supposed to come up with the $30,000 minimum for each design? Will they go after granny’s monthly Social Security checks?
One apparent senior-citizen evildoer comments:
“Apparently the ESPC is suing the person I bought them from on eBay. I don’t know if she’s guilty of copyright infringement or not, but how can they say I purchased illegal designs if they haven’t even proven the person I bought them from did something wrong? Who makes the ESPC the judge and jury? And the seller’s name is the only trademark or registration that appears on the design screens I see, so how could I be expected to know if they are pirated?”
“The ESPC says they are just following what the music industry has been doing to those who download copyrighted music,” says the buyer of the bird designs. “But I wasn’t sharing or distributing these designs to others. I simply paid for a CD on eBay – nothing popped up and said ‘hey, you’re making an illegal purchase.’ I still don’t know if it was. If a store sells what appears to be brandname purses that are actually knockoffs, would it be OK to go after the unknowing buyers and demand a $300.00 payment from them?”
I guess the whole common sense thing of going after he would sell the bootlegs rather than he who buys them is an afterthought in the minds of the brainiacs over there at the ESPC. Grandmothers put up less of a fight I’m sure, plus I reckon the whole fixed income thing makes it much easier for the lawyers and cuts down on costs.
Also, what’s interesting to note is that the lady’s correct, I thought copyright infringement had to do with distribution not actual possession. Isn’t that why file-shares get charged? The availability of distribution?
“I’m 64 years old, retired due to loss of my job of 25 years after the company downsized, and am now collecting Social Security,” the soon to be granny felon writes. “If you can do anything to help the plight of the aging grannies like me caught up in this mess, we would appreciate it. If not I guess I will give up embroidering completely and bake cookies. Although I suppose there might be a cookie mafia out there somewhere too.”
What I’d like to know too is why eBay is so easily serving up the elderly to the ESPC. Guess they like those who can’t put up much of a fight as well.
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in the end this is just another thing that relects badly on the RIAA. now they have set an industry standard for dealing with people in the digital age. honestly the ESPC prolly are all a ton of granies themselves. with the reported “success” of the RIAA who wouldnt sue your customers if you didnt know what the hell was going on with internet piracy?
I didnt believe this to be true i looked it up on google.. Its a freaking NON profit organization. Great job in getting funds..