What a shame...

[Mad Grace Oakum]

Well me mate sent that bilge rat an email questioning the authenticity of the sword. This is what he had to say.

Hi,

I can assure you onlybecause I was on the set after filmiting that this is from

the movie, it was a backdrop piece, now do they get swords from suppliers, no

doubt, there were hundreds when we were at the auctiion, but if you wish and

are not satisfied in any way, please return it and I will give a full refund or

exchange.

Thanks,

Dom

Ok, this guy needs to use spellcheck. At least he offered her a refund.

Say, anyword from Bruckheimer's side on this Iron Bess?

[Captain Morgana Bloodheart]

I emailed this land lubber regarding histhe authenticity of his "Will Turner Axe" auction, linking him to my Screen Cap comparision on my photobucket account, which is also posted here. Needless to say, I never heard back from him.

LOL! He claims to be on the set after the "FILMITING" That clears things up for me.

[Mad Grace Oakum]

LOL! He claims to be on the set after the "FILMITING" That clears things up for me.

I know! I couldn't help but bust out laughing when I read what he said.

In searching for POTC stuff, I came across more of his auctions. Yup, the scum has put more fake stuff up for auction.

This one REALLY threw me.

Pirates Of The Caribbean Fork & Spoon Cannon Silverware

Starting bid: US $49.99

But It Now Price: US $99.99

Yes we got 2 of them, these props were used in stuffing the cannon with everything but teh kitchen sink, anyway, these are actual old silverware, don't know what they are made of but they are very well done, comes with COA on parchemnt paper and prop ID # from our prop distributor. These are all we have, and will not be getting any more. Buyer to pay shipping, payment due within 7 days of auction close.

[Barbarous Blood]

Barbossa eyes Lady Barbossa and his gaze takes on a look of certain fondness and he lets out a raspy chuckle

I am sure that it would be a picarooons dream to actually hold yer attention long enough to be flattering, thee, Lady Barbossa. We shall have to see to your making a bit of finery for me, indeed. I have heard good things about your work so far.

[LadyBarbossa]

Oh, dear Lord!

Guinevere, this is also on eBay! Even those I know who are in the Artillery units in the NWTA & else where would NOT buy such silliness!

Cannon fork & knife indeed.. ::Sarcastic::

As to the hat... Cap'n Sparrow has emailed the brigand & also came to the conclussion that he's not tellin' the truth. Saying that the hat ONLY had a chalked in prop number. The Cap'n knows well that's not the case.

Plus, as I have mentioned, any person with eyes can tell that is NOT one of the original hats.

:: Turns to Barbarous; overly curious & intregued:: I find that a challenge, good sir. & I accept your challenge. Eventually.. someday you will see the fine attire. Or perhaps myself in a new outfit. Then wager on whether you are eager for a fine new outfit.

[blackjohn]

I hate to see people get ripped off... but... to me, and this is just an observation, opinion, etc., this topic seems ironic, considering this is a pirate forum, and even moreso, when one takes into account the number of pics from PotC found in sigs and as avatar images here.

YMMV

Blackjohn

[Charity]

when one takes into account the number of pics from PotC found in sigs and as avatar images here.

I must honestly say, i don't see that as a rip off.

I bet they're all to happy about the fans they've got, knowing they will see then run to the theathers when the new movie coming out.

Furthermore, it's not for financial profit, would it be THEN it's a clear rip off :)

Just my opinion!

[blackjohn]

I'm certainly not a copyright lawyer, but I have heard strange tales... tales that make we wonder just how far such things can be pursued, if the owner was so inclined.

Blackjohn

[Capt Grey]

Lawyers don't usually get involved unless there is money involved.

In the e-Bay case, someone is clearly making money off of items copyrighted to Disney. As for using pictures, if you own the DVD and take screen shots to use for a signature bar or avatar it's not taking money out of Disney's pocket and not worth the effort to persue.

[LadyBarbossa]

:) What Grey said.

I do resale images or whatever that is stated as PotC. This guy crossed the line when he said it was official PotC props when they are not.

Now... here's the kicker... he can get in trouble not ONLY from Disney & other studios... but from the people he bought it from I guess.

:::Shakes head::: There is crazy... & then there is stupid. We are pirates... not fools. That eBay guy - I won't even go so far as to call him a gent since he is NOT a gentleman - has most obviously crossed the line of BOTH... a stupid fool!

[Redd Oktober]

I sent the lubber a polite email that basically warned him that he will, indeed, be in serious trouble if'n he doesn't listen ter the other "polite" emails from me fellow pirates. Especially since I've been working my connections with eBay...They tell me "Well, it IS buyer beware...but we'll look into it...." So we'll see.

This is just more amusing now, than anything.

[Silver Steele]

Blackjohn, respectfully, if I may give my humble opinion. To me there's a difference between using an image to show your spirit as a fan as it hurts no one and costs nothing. It's free promotion for Disney. An indivdual gains nothing from it. No one is "injured" in the process, although a copyright does mean that someone has the legal right to reproduce, publish, and sell the matter and form. So yes, it may be pushing it, but again, no one is hurt in the process. As for the horror stories? A perfect example is Anne Rice. She threated to sue fanfiction.net for people posting their own stories based upon the Vampire Chronicles. You will find nothing there from her books.

But when someone deliberately uses deception for personal financial gain, the buyer is injured. The buyer is under the assumption that an item was a real prop used on the set when in reality, it is nothing more than something you can buy off the shelf. It's nothing more than simple fraud. And certainly a copyright infringment.

As for buyer beware? Yes, that may be true. If it seems too good to be true, it probably is. Although, there are other options. The Internet Fraud Complaint Center is a good resource as listed on eBay's site. The IFCC is to address fraud committed over the internet and is used to alert authorities of a suspected criminal or civil violation. From their site a complaint can be filed.

Ultimately, it is up to Disney to decide if this individual should be allowed to continue selling misrepresented items. And it seems to me that if they were serious on the matter, they would have stopped it by now. The mighty hand of Disney is powerful, and I'm sure their lawyers are much more powerful.

*stepping off soapbox*

Now, rum anyone?

[Capt Grey]

When it comes to movie memorbilia, e-Bay ALWAYS takes the side of the studio when a complaint is filed.

Warner has shut down many auctions over illicit Harry Potter stuff and it's up to the Disney or Bruckheimer "suits" to contact e-Bay and stop them.

It they don't, that's their problem. Obviously this guy isn't going to listen to anyone and if Disney won't make the effort to protect what is theirs, then the pirates may "have at".

[HarborMaster]

Several studios were not marketing enough of the products people wanted from them.., for example Top quality props..., "Hero" versions if you will........,Later some did because they saw the market potential and a studio is funded to contract out build and design as well as tool up for some things that individuals quite frankly cool not afford to do well.

Lawyers did get involved with Star Wars..., Prop makers and rip-off artists., then George Lucas saw in effect he was biting the hand that feeds him as he saw legit sales decline.., eventually he backed off including raiding vendors at Cons..., since now once again his following has grown....,

on the flip side.....,

Paramount and Viacom with the Star Trek Franchise is vicious and doesnt care about fandom ..., its illegal and they hates it., and has raided Cons Taken Props that belong to vendors., (because They belong to Paramount) Handed out cease and dissist notices and court dates. And even gone so far as to shut down Gene W. Roddenberry's props on the Roddenberry sight..., So? Ask Richard Coyle about (maker of Star Trek 5 & 6 hand Phaser FOR the studio) his 1.2 million dollar lawsuit against him brought on by Paramount for making a few fan wanted units.

It all boils down to how far an owner wants to pursue their rights on there product., after all POTC DOES infact belong to Disney and all of its characture names .,likeness and the like....,not You me or anyone else..,its there story You like., not the other way around.

The most free pirate is to be yourself., there is plenty of history and folklore that legends are made of to create for yourself your own Piratical character..,without trying to be something we infact are not. :)

I am satisfied being me..., much the same way I do not wear Nike ., or pepsi "T" shirt., I am not a walking Advertisement ....,"Hey Calvin Klien how ya doin"? LOL

Peace.,and freedom., be with you all......, as you were listening to this B.S> me and me mates just rifled thru yer drawers .,stole yer booty., and are pilferin thru yer treasure........,*Wicked-Grin*

Check yer empty closets !!

HarborMaster

[Captain Morgana Bloodheart]

as you were listening to this B.S> me and me mates just rifled thru yer drawers .,stole yer booty., and are pilferin thru yer treasure........,*Wicked-Grin*

Check yer empty closets !!

HarborMaster

AVAST YE HARBOR MASTER!

I be kindly asking ye to return me purple Hard Rock Cafe socks, Gene Simmons action figure and me Thigh Master. No questions asked.

[Capt Grey]

Sorry, have to defend LucasFilm here.

Having dealt with LucasFilm Business Affairs directly, they are actually quite proud of the fans and we do a lot (as in A LOT) of volunteer work for them in our costumes and props. We not only promote the SW universe (aka "free advertising") but we do it by appearing at charity events and raising money for some great causes.

The only time "the suits" have a real problem and send a C&D (Cease and Desist) letter, is when the person becomes very blatent that they are selling props (e.g. advertising). The two stipulations they have with the clubs/groups is 1) it is for members ONLY and 2) the seller does not sell for a profit, only for cost.

Jeff Parks, who owns Parksabers.com, was taken to court twice by LFL and won both times. Why? Because he was smart enough not to call them lightsabers and he copyrighted his designs; he was not selling "replica" sabers. While that has made him not so popular with LFL, he is beloved by the fans for the high-quality merchandise he offers.

Yes, Paramount totally screwed Gene, Jr. and there are plenty of people upset about that. They are the bad side of the coin.

[blackjohn]

Yes, Paramount totally screwed Gene, Jr. and there are plenty of people upset about that. They are the bad side of the coin.

And that's the side of the coin I'm thinking of... and as was pointed out, it is within reason for a company to pursue any infringement. They may not win, but when has that every stopped someone from trying.

Isn't there also something about being obligated to defend copyrighted material, and if one doesn't, one may loose said rights, hence the campaigns by both Kleenex and Band-Aid to keep their names from becoming general usage terms.

Hmmm... I'm appreciating the irony of this even more, cause now I'm feelin' like a regular sea lawyer!

Blackjohn

ps - also, I know remember there was a big hullaballoo with a Stargate fansite that had some very interesting twists...

[greenighs]

OMG! You mean he sells fakes?? I bought this avatar from him! It isn't fake, it CAN'T be!

[HarborMaster]

You Are Sic.,You are a French Pirate aye' ? Where is me Buss......, Avast You scallywag dog..., We will make you stoop in a pillory all day.

Captain Morgana Bloodheart your things have been returned to your closet....., However the "ThighMaster" is MINE ..,We have infact Pirated it.

I am letting the townfolk use it as a mobile catapult to throw horse poop at *greenighs *.

HarborMaster

[LadyBarbossa]

Umm... no.

I think I have seen that "avatar" more times than I care to. Since a friend of mine has been using that for her IM icon for months.

I say turned the bloody bilge rat over to Barbossa & his cursed pirates.

[greenighs]

Where is me Buss......, Avast You scallywag dog..., We will make you stoop in a pillory all day.

If you're trying to discourage me, you've taken the wrong approach. Bring on the floggers. Mmmmmm.

[Rumba Rue]

OMG! You mean he sells fakes?? I bought this avatar from him! It isn't fake, it CAN'T be!

HAHAAAAAAAHAAAAAAAA! ROTFLMAF!

I love it!

Rumba Rue

**I like a good twisted sense of humor, 'tis like me own**

[Mad Grace Oakum]

Guess what? He's at it again selling the same fake hat!!

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewI...2274168526&rd=1

I feel sorry for the poor fellow that's bid on it.

I guess Disney decided not to do anything about him.

[LadyBarbossa]

Nay... I just think he's the worst kind of pirate.... a rather stupid one!

Again, my OWN looks far better & rather close to the real Barbossa hat than that!

ahhhh... he will learn the hard way. If he starts dancin' from the yardarm.. I want to be there to see it!

[HarborMaster]

I have to agree with all of you on what a rotten pirate he is selling this junk.., however.., the buyers are even dumber. Think about it any bozo out there bidding on it probably isnt worth is salt anyway., sure he is wrong fer doin it.., but I am sure the buyers would blow there money in other ways just as dumb. After all they are bidding..., I know how it werks..,seen it a few times., this jerk wont give a good feedback for the prompt payment until the unlucky winner rewards him with a bravo feedback first. The whole thing sux...,Capitalism?., Its a Democracy? Sigh...,I'll just sit here and enjoy the view as I clean me duckfoot.

Cheers to all

HarborMaster