From

Location

Message

Date Posted

Commack, NY

hey, do you think that Jerry knows his likeness is being used in an ebay ad? LOL

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=42357&item=4362636444&rd=1

3/3/2005 9:03:30 PM

Webster, NY

Whether the gentlemen who is selling the seeds knows the people or not, it is still proper to get the permission of all of the people in the group before putting the picture on the internet for the world to look at. It will be interesting to see if anyone buys some of his seeds.

3/4/2005 6:03:27 AM

Litchfield N. H. 03052

The same thing happened to Bruce Whittier last year, soneone had a picture of his 1301 and his house to sell their own seeds. Not right.

3/4/2005 6:35:04 AM

Roanoke Il

There is nothing wrong with selling pumpkin seeds on ebay. personally I don't think that most people that don't grow for weigh offs even know who Jerry Rose is or what he looks like or what hes grown. But if this grower didn't ask jerry to use his pic that was wrong. To sell 12 pumpkin seeds for 3-5 dollars thats not all that bad. Most likely it will get a few more growers hooked on growing giant pumpkins is that a bad thing.

3/4/2005 7:44:36 AM

Manchester,N.H.

Someone is still selling seeds with pictures Bruce's 1301 and his house.

3/4/2005 8:21:09 AM

Oz

bruce and jerry need a hungry lawyer.
If a picture of a person,or a person in a public event is used without permission,,,any $$ resulting from that sale
can be claimed in court.plus damages.

3/4/2005 9:31:57 AM

Waquoit Mass

pumpkin etiquette lol

3/4/2005 11:28:19 AM

Montoursville, PA

Yep.....there is a case there if the money warrented the effort. Doubt that it would because sadly proof, of loss must be proved, by the person claiming loss. Many improper things happen because there is not enough proof to satisfy the legal financial situation.

eBay Safe Harbor has on occasion canceled an auction on notification, of improper use, of images. The person claiming the fault must make the inquiry and complaint.

Guess what........one of our State Organizations Sites has direct infringement by theiving published data with no permission granted or courtesy referral, to the real authors or publishers. Even non-profit status does not protect anyone or group when memberships are involved. This has to do with more than profits from sale, viewed images or use. Deprivation, of creative credits or use, of other's images can be a financial loss and proven as such. The internet is full of such openings for good lawyers. There still must be enough money in the claim to support the activity of suit.

3/4/2005 1:09:31 PM

Garden

"The men pictured in these photos are not for sale at this time"

Awww shucks. Let me know when they are!

3/4/2005 2:30:10 PM

Oz

As a favor to a friend(contractor-bad heart),,
I did some updating of a split level home1960....

That was in jan..
two faxes and two promices later I was still waiting for$1k.
That was as of this morning.

My friends old customer had the audasity to say it was his wifes fault.He had the stones to say he has no stones!!

I called him from "downtown",,aka lawyers.
I did go downTOWN,,but it was for lunch with a woman.

I got the check.
If it bounces I file criminal charges.I hate lawyers...
He carries a civil badge.
No more second hand favors,,,

The legal way is to block out the face.
Or send the "face" some $$ every time you make a sale.
Use traceable payments,,,they may still file suit.
HONESTY,,,it lets lawyers have time for big thieves.
I wonder if the "smiley face" was ever trademarked?

3/4/2005 3:29:28 PM

Long Island,New York

I dont think thats jerry's pkn (way too small) but what I think Scott's referring to is the bug-eye picture of Jerry....which as far as I know is legal. Its a public event and anyone there is fair game for any public forum....G

3/4/2005 6:17:12 PM

C N Y

what is wrong with you guys?
it looks to ME like the picture at the Ohio weighoff is that
OF the GUY that GREW the PUMPKIN. from a DISTANCE. i don't get why the weight is 598 and the ad is for 548. he needs to proofreed. lol.
maybe the pictures have changed since this thread began...?
maybe he doesn't have any fancy picture-editing software in his computer. the guys in the pic of them moving the pumpkin....maybe somebody had to TAKE the PICTURE?
i hope i am never in this guy's shoes, with everybody
pick-, pick-, picking-away at the slightest thing outta line...

3/5/2005 1:12:38 AM

Appalachian Mtns.

Everybody wants to sue someone anymore...
No lawyer worth anything is going to take a case over a photo and pumpkins seeds shown over the Internet. I had a lawyer once tell me when I was whining about an "injustice" that occurred to me at work...."There's alot of things in this world that may not be right, but that doesn't make them illegal, nor should make them illegal. Get over it"
At the time I was offended, but eventually I saw what he meant by that statement.

3/5/2005 4:43:40 AM

Commack, NY

this just in.........i was joking around! jeez louise! btw pumpkinpal2, Jerry's pic is in the ad, clear as day.

3/5/2005 9:29:07 AM

Massillon, Ohio

" i don't get why the weight is 598 and the ad is for 548. he needs to proofreed. "

i am not on this guy's side by any means so dont take it that way. but he is correct: it is 548 - the scale was messed up and 4's read as 9's.

3/5/2005 12:22:49 PM

Webster, NY

I guess I don't think it's a major deal. It's just common curtesy to ask permission first before using their likeness in an advertisement.

3/5/2005 12:35:10 PM

huntsburg,ohio

yes the display was showing 4's as 9's.I know tim was very upset over that,that day.Jerry

3/6/2005 9:37:00 AM

Long Island,New York

At least you found out at the wieghoff...I was at one where they didnt find out till two fruit were wieghed at a different contest...both were the only fruits with that L-E-D lightbulb out...of course noone would admit it after the fact...

3/6/2005 9:56:45 AM

Manchester,N.H.

I emailed the guy on ebay useing Bruce Whittier's 1301 to sell seeds he told me that the seeds he is selling came from the picture shown and that the pumpkin weighed 619 lbs. Then I emailed him back telling him that he was full of it and that he was running a scam.

3/9/2005 5:41:03 PM