sued for using amazon api
- Thread starter qxxxp
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GhostRider1982
Newbie
- Jun 28, 2010
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Agreed. This could also be a scam.
cooooookies
Senior Member
- Oct 6, 2008
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qxxxp
Junior Member
- May 3, 2009
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heya! yes, I received the "Abmahnung", translated into english it is just a simple "warning", but of course they are interested more in money then in removing the product of my site. i should remove the site AND pay, no matter what.
Yes, I checked, the lawyer is a real one.
I have still 10 days till I should pay. Amazon doesnt reply to my mails any more, there is no direct phone # for amazon-affiliates in Germany. (Maybe someone of you know the number?)
Ok sorry for that KZ.. (KZ = concentration camps in WW2). I was pissed and still am so I blame Germany for my problem.. insteed of blaming I should handle and move away with my servers to law safe countries. Germay is a nice country, there are some jerks inside like in every country.. So sorry again, Germany is not a KZ! and most of the people a nice here
I use my own servers, these are in Germany so even if I use domain proxies, they can find out who I am. And you are right with the .de domains, they are like magnets for lawyers. (my shop is on a .de domain since 2002 without any problems)
I will wait few more days, write the letter and ignore anything else from the lawyer.
Yes, I checked, the lawyer is a real one.
I have still 10 days till I should pay. Amazon doesnt reply to my mails any more, there is no direct phone # for amazon-affiliates in Germany. (Maybe someone of you know the number?)
Ok sorry for that KZ.. (KZ = concentration camps in WW2). I was pissed and still am so I blame Germany for my problem.. insteed of blaming I should handle and move away with my servers to law safe countries. Germay is a nice country, there are some jerks inside like in every country.. So sorry again, Germany is not a KZ! and most of the people a nice here
I use my own servers, these are in Germany so even if I use domain proxies, they can find out who I am. And you are right with the .de domains, they are like magnets for lawyers. (my shop is on a .de domain since 2002 without any problems)
I will wait few more days, write the letter and ignore anything else from the lawyer.
showbizvet
Power Member
- Oct 1, 2008
- 799
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Some very good advice in this thread. One thing, and you are probably doing this. Keep careful records of all the proceeding and make CERTAIN (even if it costs you) to get signed records for any correspondence. Find on Amazon where it say you CAN use product descriptions, print it out, keep a file. If you do end up in court and you are representing yourself, careful documentation will show that you have earnestly attempted to deal with things in an honest and above board manner.
I've been dealing with the Amazon API for a site I'm working on right now, so I've read through the ToS pretty closely lately. That said:
It may be different for Amazon Germany, but the one in the US says that you cannot store their data on your server for more than 24 hours, after which time it has to be re-fetched using the API. Were you storing data on your servers, or were you just embedding frames that went back to Amazon (like on their Affiliates page)? This matters, and could be the underpinning to the complaint.
Then again, it could be a BS letter, as most others in the thread are saying.
It may be different for Amazon Germany, but the one in the US says that you cannot store their data on your server for more than 24 hours, after which time it has to be re-fetched using the API. Were you storing data on your servers, or were you just embedding frames that went back to Amazon (like on their Affiliates page)? This matters, and could be the underpinning to the complaint.
Then again, it could be a BS letter, as most others in the thread are saying.
nme
Junior Member
- Jan 17, 2008
- 124
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0h noes! You've upset Adolf jr. GOOSE STEP TO AMAZON TOS or it's off to the blackhat concentration camp for j00!.
GreenGoblin
BANNED
- Jul 17, 2008
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it sounds weird considering, it will cost more then $1000.00 in Attorney fees from amazon, did the attorney leave any contact information on the letter? email addy phone number anything? if so look him up find out exactly who he is, and if he is associated with amazon.
This sounds like a lawyer from the states that went on vaction to a small town and noticed that some businesswere not handicapped accesiable and sent letters to each store saying he wouldnt press a law suit on them if they paid him $1500 bucks, a lot of stores just paid up the fee.
Some faught him and he later got his license revoked for that state.
So I would contact the lawyer then amazon.
Some faught him and he later got his license revoked for that state.
So I would contact the lawyer then amazon.
GreenGoblin
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The reason I think it's scam, is because...it would cost a company like amazon more then $1000.00 in attorney fees to write a letter not only that to file a lawsuit will cost a lot more, this is what u do...Write a letter to the attorney, and tell him you will forward his information to your attorney and ask him what will be a great time for your attorney to call him, if he responds with a time, then take it more seriously, but if he doesn't then u know its a scam. But for some odd reason i don't think you will get a response, like I said the numbers are not matching up. from a realistic point of view, lets say u told the attorney to fuck off, and lets say it's a real attorney and amazon did sue u ok...they would have to pay the attorney 20k + to file a lawsuit not only that even if they won I'm sure u don't have 20k laying around to give them and that's just in legal fees that doesn't include damages which might add up to 100k...so now they just wasted 20k + with no return normally when companies like ebay, amazon sue someone it's people they know who have the money ..because it cost them so much in attorney fees to file suit, this smells more and more like B.S the more i think about it from a financial stand point.
And another thing, normally a attorney will put the statutes u violated,
And another thing, normally a attorney will put the statutes u violated,
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GreenGoblin
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- Jul 17, 2008
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I would like to know the outcome of this post
True, they need to present evidence. However, most of the time they will have a notarized page of the site showing the infringement if they are going to be serious about it.
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