Monkey Wrench & Self-Pollution Radio - illegal auctions?

monkeewrench

Please correct me - are the auctions linked below for the Monkey Wrench & Self-Pollution radio broadcasts legal?

Monkey Wrench: http://cgi.ebay.com/RARE-Pearl-Jam-Monk ... 20b734c639

Self-Pollution: http://cgi.ebay.com/RARE-Pearl-Jam-Self ... 20b734a379

(shame on me) I got suckered into buying the Monkey Wrench radio auction thinking it was a CD set produced by the radio station referenced in the description.

Once I received the set, I learned what is being sold is a set of CD-R's made by the seller from her supposed recording of the braodcast. When I requested a full refund and suggested to her that this auction wasn't exactly legal, I got a (partial) refund, and she went on to say that "because this was broadcast on the radio there are no copyright issues", thus she can sell these. She also updated the descriptions (a little), but they're still misleading if you ask me.

I completely disagree with her opinion of the copyright thing, and think what she's doing is bootlegging. Just looking for other thoughts on this - and if you're bidding on any of this person's auctions I'd retract the bid.

theserialthrilla

both have been removed before by ebay...home made crap dont touch

CJMST3K

still up.

PJ-Cubs

I saw these CDs on ebay earlier today and wondered the same thing.

I am not an expert in copyright law but these auctions seem bogus.

JOEJOEJOE

total copyright infringement

she doesn't have the express written (or implied verbal ) consent of Major League Baseball!

The fact that something was broadcast for free doesn't make it public domain.

YoullseeDragons

I almost jumped on these myself. Then I read where the seller made the CD.

monkeewrench

After trying to point out to this person that she's selling bootlegs, I got a follow up email from her that has some seriously retarded lines. Check out this line from the email:

"My roommate's a lawyer and I showed him my listing last night and he said it's pretty clear that these are not official and assumed that it would come on a CDR because of that. The listing now has the amendment indicating they are on CDR's"

That guys going to make one helluva lawyer, don't you think?

As if pointing out these are on recordable media (cough...bootlegs...cough) makes it ok to sell copyrighted material!

She also feels that my asking for a full refund is HARRASSMENT. How precious.

CJMST3K

monkeewrench wrote:

After trying to point out to this person that she's selling bootlegs, I got a follow up email from her that has some seriously retarded lines. Check out this line from the email:

"My roommate's a lawyer and I showed him my listing last night and he said it's pretty clear that these are not official and assumed that it would come on a CDR because of that. The listing now has the amendment indicating they are on CDR's"

That guys going to make one helluva lawyer, don't you think?

As if pointing out these are on recordable media (cough...bootlegs...cough) makes it ok to sell copyrighted material!

She also feels that my asking for a full refund is HARRASSMENT. How precious.

Write back and say "It's a good thing that your 'roommate's a lawyer' because you will need his services, as you are submitting the auction link to PJ's management".

DewieCox

JOEJOEJOE wrote:

total copyright infringement

she doesn't have the express written (or implied verbal ) consent of Major League Baseball!

The fact that something was broadcast for free doesn't make it public domain.

Not copyright infringement. Says so right in the auction

"the show was broadcast live over the airwaves for everyone to listen to and/or record, so there is no copyright infringement."

JOEJOEJOE

DewieCox wrote:

JOEJOEJOE wrote:

total copyright infringement

she doesn't have the express written (or implied verbal ) consent of Major League Baseball!

The fact that something was broadcast for free doesn't make it public domain.

Not copyright infringement. Says so right in the auction

"the show was broadcast live over the airwaves for everyone to listen to and/or record, so there is no copyright infringement."

Oh, pardon me for not recognizing her copyright laws......it supercedes U.S. law!

monkeewrench

CJMST3K wrote:

monkeewrench wrote:

After trying to point out to this person that she's selling bootlegs, I got a follow up email from her that has some seriously retarded lines. Check out this line from the email:

"My roommate's a lawyer and I showed him my listing last night and he said it's pretty clear that these are not official and assumed that it would come on a CDR because of that. The listing now has the amendment indicating they are on CDR's"

That guys going to make one helluva lawyer, don't you think?

As if pointing out these are on recordable media (cough...bootlegs...cough) makes it ok to sell copyrighted material!

She also feels that my asking for a full refund is HARRASSMENT. How precious.

Write back and say "It's a good thing that your 'roommate's a lawyer' because you will need his services, as you are submitting the auction link to PJ's management".

I suggested she tell her roommate to actually look into copyright infringement, or apply for an internship at the RIAA. This was about the only sarcastic thing I said to her, yet I was accused of being mean and pathetic. Oh well. Ebay is now aware of her bootlegs, lets see how long it takes for them to shut her auctions down.

pdalowsky

I found it even more amazing that someone placed a bid even after she made it very clear these were home made

YoullseeDragons

She made almost $40! :roll:

monkeewrench

YoullseeDragons wrote:

She made almost $40! :roll:

Yeah, and here's the type of crap their almost $40 will get them. It's looking like ebay finally shut down these auctions.

theserialthrilla

relisted :shock:

monkeewrench

theserialthrilla wrote:

relisted :shock:

Where? I don't see them? Are you talking about the one for the Hole radio show? I only find the PJ auctions when I search for completed, and it appears they were "ended" (but not removed) with only $0.99, so I can only assume ebay shut them down.

I'm amazed by the POSITIVE feedback she received from those who bought and were happy with her homemade CD-R's. I'd love to tell them I could have given these shows to them for free.

BTW - shouldn't there be 5 fixers spinning in your signature? When are you gonna add a light blue one?

theserialthrilla

its ended again...it was relistd when i posted

Vedder_Girl77

Several years ago I bought what I thought was the Soldier Field concert on CD. The picture showed the artwork and CDs that were released in the 90's...I believe from some radio station in Chicago...anyways the guy sent me CD-R's!!! I reported him to E-Bay and I got a full refund on the money I spent. :x