Woman Threatened With Lawsuit Over...Embroidery?
Woman Threatened With Lawsuit Over...Embroidery? Save Email Print
Posted: 9:47 PM Mar 13, 2008
Last Updated: 10:07 AM Mar 14, 2008
Reporter: Brian Quick
Email Address: brian.quick@wibw.com

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Mary Cox didn't think much of it when she won an Ebay auction in 2005 for the right to buy a disc of embroidery online. She says once she got it, it didn't even work that well.

Now she is being threatened with a lawsuit by the Embroidery Software Protection Coalition. They are saying she illegally bought pirated software -- the disc she got through Ebay.

She only pulls in just more than $600 per month on Social Security. She cannot afford to pay a settlement -- or hire a lawyer to fight it.

She doesn't know what she can do.

Washburn Law Professor Jim Wadley says she may get out of it, because the company would likely spend more to sue than they would get out of it.

Still, she is concerned. She is going to call the Attorney General's Office, as well as the Washburn Law Clinic for help.

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Posted by: DGM on Mar 14, 2008 at 11:01 PM
This is just a case of litigation bullying. Even if the disk is a copied disk, the seller of the disk is the one who is at fault for distributing the disk. As for the embroidered images on the disk, she should stop making anything with it, but they cannot take her to court for what is already done. She bought it in good faith. They would be better off asking her for information on who sold it, as that would be the more appropriate target. Copyright law and IP law is getting all messed up in this country.

Posted by: Charlene Location: Texas on Mar 14, 2008 at 09:16 PM
How do you know if you are buying something "legally" from e-bay or anywhere else for that matter? Is there a way to check everything out to make sure it wasn't pirated?

Posted by: Vikki Location: Washington State on Mar 14, 2008 at 04:23 PM
I am sorry to hear all of this is going on. Stay in there

Posted by: BW Location: KS on Mar 14, 2008 at 02:49 PM
From their website: What if I only used the counterfeit designs for my own use and did not sell the designs or products with the designs embroidered on it? If you have not used the designs or software for commercial usage, then the ESPC will be able to settle the violation with you without further action. You must call the Legal Department at 214. 350. 1892. If you choose not to settle, then the ESPC can institute a law suit against you in federal court for violation of U.S. Copyright laws.

Posted by: Danielle on Mar 14, 2008 at 02:00 PM
I had the same thought, BW. They appear to be legitimate. My thought is, I'm a young cross-stitcher and embroiderer, and I don't know very many young people who do needlecraft (even though I know they are out there). Thus, the majority of their suits almost have to be against the older population who have just recently began bridging the technology divide to keep traditional stitchery alive. Clearly, they don't have a lot to do otherwise they wouldn't be picking on this woman and virtually ensuring that they have no consumers willing to buy software or patterns online in the future.

Posted by: BW Location: KS on Mar 14, 2008 at 01:16 PM
When I saw this last night I first thought it was a scam. Is this a legitimate company? What a waste of time to pick on this lady. I hope it gets resolved.

Posted by: Danielle on Mar 14, 2008 at 01:12 PM
If she bought it, I don't see what the problem is. If someone is selling pirated software on e-bay, it is their responsiblity to sort it out. I'm not a big advocate of lawsuits, but I would hire a pro bono attorney and sue e-bay to settle the suit. Shame on the embroidery association for harassing this woman. She didn't download it illegally. She was simply trying to keep stitchery as an art alive and they attack her for it. Rather than just posting on here, I am going to write them a terse note and give them my opinion. Here is their contact information: http://www.embroideryprotection.org/contact_us.shtml

Posted by: anonymous Location: neks on Mar 14, 2008 at 07:55 AM
How sad... why go after someone who thought they were buying something legitamately...Go after the person(s) selling it...they are obviously the ones who pirated it!

Posted by: No One on Mar 14, 2008 at 12:48 AM
This story makes as much sense as the licking frog story. First how did the company discover she had bought the disk, second it does not say she was using it to make money. Is there really that big of shortage of real news? Maybe this pompus Washburn professor could take 5 minutes out of his busy day and write a letter for this poor woman to resolve this matter instead of just commenting on it on the news.

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