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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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.
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.
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.
The simple fact that entire legit shops are destroyed by this “provision” without any consequences for the platform, much less the fraudsters, is my main gripe with the state of ecommerce currently. Etsy is a festering pucker of a “marketplace” to begin with (originally invented to showcase handmade crafts, but somehow has never offered a made-to-order inventory system, is notorious for auto-refunds in full to the point of supporting scammers’ various antics, and skews search results visibility to leverage paid placement despite claiming the exact opposite, etc.), but every single one of those pus-munchers that exploit the criminally lazy SoP of that “marketplace” deserves a n2 pencil to the carotid. 🤷🏼♂️
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.
Bunchacunts.
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.
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
Sure, it’ll probably amount to nothing and OP will have to report the store, maybe go after them 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.
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.
Edit: Also, if you really don’t mind them printing it, but want credit, release it under an appropriate license that states that. Otherwise, you’re only helping unethical people and preventing ethical people from doing it.
Sign them up for Scientology
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.
It’s functional mostly.
Buy 50 with a credit card or paypal
After delivery challenge the payment because it’s stolen IP
