From

Location

Message

Date Posted

[email protected]

I know that Bruce doesn't get online very often. Perhaps Jim Ford or another Hillsboro County NH grower can make Bruce aware of this eBay follow up that I received yesterday.

eBay will not take corrective action against this or any unscrupulous seller at the request of a third party. Bruce will need to sign his name to a written complaint himself.

He has 2 similar auctions pending at this time:

http://search.ebay.com/_W0QQsassZdjmurphy111QQhtZ-1

Here is the response I got directly from eBay:

Hello Steve,

Thanks for writing to eBay's Customer Support. My name is Shiloh, and I realize that this situation can be frustrating, and I appreciate your giving me the opportunity to help you solve this problem.

I have reviewed the information that you provided regarding image and text theft, but at this point find that I do not have enough evidence to show that the member has violated any eBay rules.

Unfortunately, we will only be able to take action if the owner of the image or text writes to us. In some instances, certain members will allow others to use their images. It is also possible that they acquired the image from a mutual source. Therefore, we often cannot remove listings based on the representations of third parties whose credentials we cannot verify.

We do understand the potential for further issues in this type of situation. That is why, if you feel strongly about this issue, we recommend you contact the seller(s) to advise them of the information and recommend they contact us directly. Once we hear from them, we will take appropriate action.

We appreciate your patience and understanding regarding this matter, and wish you continued success on eBay.

Regards,

Shiloh
Community Watch Team
eBay Trust & Safety

2/28/2006 9:19:52 AM

[email protected]

We might need to consider where this image was originally published & by whom. If that image only appeared here at BP, then Ken & John would have the potential for recourse as well.

There is also the remote possibility that this image was broadcast all over God's earth by the print press or maybe even Home & Garden Television. In which case the image might actually be free for the taking by anyone. I'm no lawyer so don't quote me on this.

At any rate, the seller is misrepresenting that image since he is claiming to have grown the fruit himself from Big Max seeds which if proven to eBay by Bruce to NOT be the case, will be grounds for them to halt the practice for good.

2/28/2006 9:27:46 AM

Pocatello ([email protected])

I think we have plenty of proof that the photo showed up first in other places and was represented differently. However, I think all we need to do is have Bruce write a letter. If he can declare that this seller has ripped off the photo, that's all that Ebay needs.

If we show a "before and after" photo, along with a declaration from John and Ken (if indeed this photo appeared on BP.com) then we really have ammo.

I realize this is probably a pain in the neck for Bruce, but as growers we need to protect our mutual reputations.

Yes, once the photo appears on the internet, it is "free for the taking", but that still doesn't absolve the Ebay seller in his fraudulent claims.

2/28/2006 11:06:02 AM

ordinary,VA

maybe we should all call the grower himself.
would it be rude to post his phone # ?

2/28/2006 12:23:46 PM

Pocatello ([email protected])

Bruce saw the previous thread on this. He is aware. Maybe someone from the New Hampshire growers could make him aware of this request from Ebay.

2/28/2006 12:30:55 PM

Newcastle England

must be some pc techno lads on here that could ask seller a question.when he replies his pc suffers totall meltdown.either that or i will borrow his pc for a week. and i can guarantee it'll be broke,honest ive broke loads of my own already s??t.peter

2/28/2006 2:11:21 PM

Norton, MA

I know Bruce, and I'm here on every board, every day. What the heck did I do with his # though? Ahhh, remembered. O.K. want me to give him a call? AleX Noel.

2/28/2006 8:00:47 PM

[email protected]

This is from eBay’s SEC public disclosure statement so I would imagine its good information.

BUSINESS ADDRESS:
STREET 1: 2145 HAMILTON AVENUE
CITY: SAN JOSE
STATE: CA
ZIP: 95125
BUSINESS PHONE: 408-376-7400 (toll call)

MAIL ADDRESS:
STREET 1: 2145 HAMILTON AVENUE
CITY: SAN JOSE
STATE: CA
ZIP: 95125

But I dialed this toll free number & got a person after about 20 minutes: 1-800-322-9266

They wouldn't do a thing for me because I am not the victim.

2/28/2006 10:12:59 PM

ordinary,VA

Steve im about to be a victim so maybe i can pick up the ball.
thanks for the post.
Maybe Daniel Murphy will feel guilty and return all the money he stole from all those people.

yeah right.

3/1/2006 5:38:49 PM

Rhode Island

unfortunately there will always be rats in the wood pile.
these type are not really pumpkin growers, or are they deserving of anything.
im sure this was possibly the highlite of there lifes work.
what a waste, this persons name and reputation are destroyed just for the sake of a few bucks.( plus its criminal to do this ) my advise .
" get a real job, stop feeding of the accomplishments of others "

3/2/2006 8:40:46 AM

Henniker, Nh

The following letter was e-mailed to e-Bay by my wife. Thanks to all of you for your supprort and concern:

"I would like to report fraudulent advertising and use of my giant pumpkin.
The person advertising and selling seeds on this site is using a picture of my 1,301.4 pound pumpkin taken in my backyard, apparently by one of the hundreds of people who visited the patch that year, many of whom I did not know or get to speak with. The adult to the right side in light blue jeans in the background is my son James. Also, that is my house in the background.

I have no idea who the kid is standing in front of the pumpkin. The problem is, the person on E-Bay is claiming to be selling pumpkin seeds from my pumpkin. There has been a number of giant pumpkin growers within our group and all over the country that have recognized my pumpkin and my home and filed a complaint towards this individual. He is proclaiming to be selling seeds from the pumpkin in the picture. The seeds he is selling are definately not from my pumpkin nor has he, or anyone else been given permission to do so.

There is a code of ethics among giant pumpkin growers that fraudulent use and advertising of anothers seeds is unacceptable. Giant pumpkin growers around the world take this hobby very serious and take much pains in keeping the genetic records straight, as well."

Please remove this persons add from E-Bay.

Respectfully

Bruce Whittier
27 Dodge Hill Road
Henniker, NH 03242
603-428-3620

3/3/2006 9:57:47 AM

No Place Special

Cool, hope its a done deal now!

3/3/2006 11:47:23 AM

Henniker, Nh

Hello,

We will review the listing(s) or Want It Now post(s) you have reported
for violations of our Potentially Infringing Items Policies.
The following e-Bay e-Bays response to my complaint:

"If we determine that the listing or post violates eBay policy, we may:

- send the user an informational alert;
- remove the listing or post; or
- suspend the member.

Generally, accounts are suspended only when members repeatedly disregard
policy. In light of eBay's privacy policy, we cannot share with you any
specific action taken by eBay with respect to this listing or post.

If the listing or post you reported does not appear on its face (at
first glance) to violate one of eBay's Potentially Infringing Items
Policies, we may refer it to the intellectual property rights owner for
review. If the rights owner has a good faith belief that the item is
infringing, he or she may choose to send eBay a formal request to remove
the listing or post. For more information on eBay's cooperation with
rights owners, please visit:"

http://pages.ebay.com/help/confidence/programs-vero-ov.html

3/3/2006 3:52:19 PM

Henniker, Nh

The message I just posted is e-bays response to my complaint.

3/3/2006 3:54:43 PM

Menomonie, WI ([email protected])

Sad thing is Ebay has turned into E-Joke when it comes to resolving these matters.

3/3/2006 4:29:56 PM

ordinary,VA

Bruce
thank you very much.
I have filed a complaint as well.
And thanks to Steve for all of his time and effort on this
matter.

Ed

3/3/2006 4:33:56 PM

North Smithfield, RI USA

The best thing for people to do is a total boycott of E-bay.

3/3/2006 6:50:11 PM

Colo.Spgs.CO. Pikes Peak Chapter @ [email protected]

Bruce, I hope one of these days you get them bending over, and well you know how to use your foot..right up the ...and kicking them hard

3/4/2006 4:09:52 AM

Youngstown, Ohio

Buy the seeds, then tell him you will be in the area and you will pick them up in person.

3/4/2006 3:33:10 PM

So. Maine

Very interesting......... and the seller is from Malden Mass. New there must be some AG growers in that area who might just stop in to discuss those BIG MAX seeds.......
Could be worth the trip.

3/4/2006 10:06:11 PM

Canada

Looks like hes been selling these for a LONG TIME TOO!!

Man that sucks

Dave

3/4/2006 10:59:47 PM

Ray, North Dakota

I just sent the seller a copy of this thread showing him that he has been reported, and that many people have logged complaints. If they have any courage at all, they will reply on this thread about the incident that we all have been talking about so much. I just hate crooks. I wonder how much he has made off of a bulk bin of bogus pumpkin seeds.

3/6/2006 11:25:06 AM

Ray, North Dakota

They are still selling them, and people are still buying. Sheesh, don't people know that others will gladly send them seeds for FREE? One quick search on the internet will get them to this site.

3/6/2006 11:26:23 AM

Ray, North Dakota

Whoever nailed him with the 2/28 negative feedback, good job. Now it is listed on his feedback that the seeds and the photo are fakes.

3/6/2006 11:31:38 AM

Alaska

E-Bay will not do a dam thing. They for one it's very hard to nail down anyone and 2 they don't give a dam. Chickenbones was selling OS Cross cabbage seeds that showed a picture of 3 guys looking at a Northern Giant cabbage. I was one of the guys looking at it. The photo was taken by the local newspaper. The best thing to do is stay away from E-Bay RIP OFFS, don't buy anything from thier site!! Later Scott.

3/6/2006 1:32:49 PM

[email protected]

This is a terrible shame. I know some very credible eBay merchants....I'm married to one. Many folks use eBay properly & this sort of thing tarnishes them needlessly.

The lousy rip-off seller has now negative feed backed the buyer who told the truth & is trying to black list him for telling the ugly truth. Scum.

Maybe a situation such as this will force an arbitration hearing & eBay will have to recognize this seller as a true fraud.

3/6/2006 3:51:58 PM

Ray, North Dakota

You can grow pumpkins in Alaska?

We just have to give it time. A business like Ebay has to watch their step I am sure to avoid lawsuits, especially from rip-off artists like we have been talking about.

Like I said before, I emailed djmurphy the thread and I am sure he has read this discussion. It is a shame that he has no shame and does not possess the courage to respond to the uproar.

3/6/2006 6:12:33 PM

Ray, North Dakota

Yeah, whoever gave the guy negative feedback, it is too bad you received negative as well. Good thing you only have four items purchased! You can bounce back.

Any bets on how long this takes?

Another thing, that was a very tasteful letter Bruce. A very professional way to handle it. Hope it works. Thanks for the seeds too by the way.

3/6/2006 10:45:32 PM

Coolville, OH

I just looked and the picture has been edited AGAIN. Bruce's house is no longer in the picture, his wife was cut and pasted way back in the background, and there's some strange alien looking thing to the right of the boy. This picture looks real hoaky! Bad photoshop job. My kid could have done better.

3/7/2006 12:20:19 AM

Ray, North Dakota

Yeah, that is strange. Since Bruce wrote the letter to Ebay explaining how he knows that is his pumpkin, the guy is trying to chop it down and hide some details.

3/7/2006 12:42:48 PM

Missoula, Montana

Why would someone go through this effort. It's not like he is getting rich off this. There are tons of non-descript pumkin pictures out there. Why is he so adament about using this single picture. That photo shop job is ridiculous.

3/7/2006 3:03:22 PM

[email protected]

Good point Bassthumb. (is it fishing season yet?)

This guy is just as stubborn about using that picture as we are about stopping him. LOL

3/7/2006 5:11:52 PM

Ray, North Dakota

Getting rich? He is selling a few seeds for about $1 each. I bet it covers his bar bill every month. Maybe I should do this. Bruce, can I use your picture too? lol.

3/7/2006 6:04:56 PM

Coolville, OH

Here herbie. Use this picture if you have a really big one to brag up. Save Bruce any more headaches. http://image.inkfrog.com/pix/Piff500/6photopumpkins.jpg

3/7/2006 6:15:47 PM

[email protected]

I just had to send this...Has anyone wondered where he got the info to write his "Booklet"? Taken right from his auction. "Included also is a booklet with step-by-step instructions including, when and where to plant, fertilization and watering techniques - and tricks from expert growers that will maximize the size and weight of your pumpkin". If he's not a pumpkin grower...who's info is he borrowing?
Signed "The Wife" (Sorry Steve)

3/7/2006 7:02:16 PM

Ray, North Dakota

You can get it on backyardgardener.com. There must be 20 web sites on giant pumpkins if you search. I am sure all he is offering is the Cliff Notes....

3/7/2006 7:23:09 PM

Nipomo, California

He also replied to his latest negative feedback with a smart___ comment about planting his seeds in winter.

3/8/2006 10:28:41 AM

Alaska

The problem is only those folks that buy can write a review. Why would someone that knows it's a fake buy it. Only suckers need apply. E-Bay in my opinion really sucks!! You want to get taken? Shop at E-Bay. Later Scott.

3/8/2006 12:33:30 PM

Ray, North Dakota

I looooove Ebay.

3/8/2006 1:37:26 PM

[email protected]

Forgive me if I create any new monsters. Researching a solution for this problem I discovered that Ebay has a VERY active message board sort of like this one where ANYONE can post ANYTHING (I think).

http://pages.ebay.com/community/boards/index.html

3/8/2006 5:15:03 PM

Youngstown, Ohio

I am thinking about putting a auction up for some of my own seeds from my 548# at .99 cents just to low ball him!!! and put in the listing...be careful of people selling fake pumpkins with bad photoshop pictures in their listings! If a bunch of us did this we would beat him at his own game. Let me know what everyone thinks I might do this soon.

3/8/2006 5:48:15 PM

Ray, North Dakota

What section on the ebay chats do you post Tremor?

3/8/2006 6:41:30 PM

Youngstown, Ohio

I thought about it and I am not gonna put up a auction and waste my time on this a*sho*e, but I did see the Ebay message board and I would think you would want to list it under Home and Garden

3/9/2006 1:54:15 PM

[email protected]

I've never posted to eBay forums. I just discovered them as a result of this thread. Rockit is right that the Home & Garden section is where a warning should be.

3/9/2006 3:15:16 PM

Montoursville, PA

Carefully handle the words, on that forum board, statements. Anything that can be considered a slammer, on another seller is likely, to get black balled and removed leaving you, to look like the skunk....even leaving you to receive warnings. Nothing will be done! eBay makes not a penny until the seller sells. The buyer is a nobody, in most instances. I maintain an image but have not sold a thing for years and only bought a couple, of gourds from a guy I know. Sorry I can not trust the place anymore.

No I have no better answer. Well yes I have one but few people today have the ability or the balls, to form a committee, of one and take action. The person is not that hard, to find.

3/9/2006 3:53:01 PM

Gays Mills,WI

Thank you guys for looking out for one another. Thats a shame that people are out there ripping people off and taking credit on other's hard work. I am the one who gave the guy a bad rating and if it weren't for all of you I would have wasted a lot of time growing one of those seeds this summer. Thanks, Beautiful pumpkin Bruce

3/9/2006 6:30:52 PM

Ray, North Dakota

You took one for the team, and that is a good thing. I would have, but he blocked me from bidding after I emailed him and asking questions. I had no idea that this would turn out like this. I first posted the message in awe of this "600 lb Big Max" like the guy stated, and I almost bought some seeds. Good thing there are people that stay on top of the contests and certain peoples results.

3/10/2006 1:24:32 PM