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-   -   INVESTIGATION PROCESS FOR Hailitele (http://mympx.org/forum/bad-sellers-blacklist/38357-investigation-process-hailitele.html)

The Truth 22nd Jul 2007 8:07 pm

INVESTIGATION PROCESS FOR Hailitele
 
BRAND NEW (3RD GENERATION) 8GB* 1.8” TFT MP3/MP4 PLAYER


FRAUD DO NOT PURCHASE !!!!! Yep I wanna help take this guy down as well. . . I THINK THE BEST WAY TO HIT HIM HARD IS THROUGH COPYRIGHT !!! DID ANYONE GET A SONG SAY YOU SAY ME - BY LIONEL RICHIE INSTALLED ON THEIR PLAYER ??? PLUS OTHER ITEMS ?

IF YOU HAVE PURCHASED THIS PLAYER I URGE YOU TO READ ON . . .


DEALING WITH HAILITELE
The item was paid for. The postage was quick and reliable however, Firstly the item is faulty. It does not play radio or video, and there is much internal background noise (bleeps and processing noises - over the music volume). Software Problems (Installation CD was intentionally omitted from delivery and the seller had opened the box and put some online
installation instructions of his own into the box.) Those instructions
sent me an online web site to download free software that did not work,
or alternatively Sharware software that I had to pay extra for to
register.

This product is full of errors including MEMORY hacks, which state that
the item has 8GB capacity when in fact it only has 1GB of onboard memory if I choose to update with the appropriate firmware.

The music is unpleasant to listen to because of this background noise.
The player also came with copyrighted objects already installed. i.e.
the song Say you Say me by Lionel Richie. This item had been opened and
copyrighted objects were copied to it prior to delivery.

I filed a negative feedback. As soon as I did that the seller filed a
REVENGE dispute saying that I did not pay. I have paid and I have the
paypal receipts to prove it. Infact, the seller contacted me first
thanking me for the fast payment I had made. He also left me bad buyer
feedback on grounds that were untrue, blackmailing me to mutually remove our feedback with a refund that I have NOT recieved.

THE REFUND PROCESS
So in my paypal account I have this extra transaction called REFUND PENDING. . .Which means that there are insufficient funds in the sellers account to make the refund.

THE ONLINE FRAUD COPYRIGHT INFRINGEMENT PROCESS (FROM EBAY)
.... I have forwarded a report of your concerns regarding copyright
infringement so that our Investigations team can look further into this
and the appropriate action.

Based on these concerns, It may also be in your best interest to contact
local law enforcement authorities for you and the seller.

Alternatively, you could also contact the Australian Federal Police, as
they also handle online fraud complaints. You can find a contact number
for the Australian Federal Police at their website, http://www.afp.gov.au/

When contacting law enforcement authorities, please let them know that
eBay will cooperate with the investigation. The officer can find
information on how to contact eBay at the following page:

http://pages.ebay.com.au/securitycentre/howcontact.html

On this page, the officer will find both an email address and a fax
number to reach eBay.

Please request that the officer include the following information:

1. The case number

2. The officer's name

3. The officer's telephone number

If you would like to you can also request the members contact
information on file with eBay.

YOU WILL NEED THE SELLERS CONTACT INFORMATION TO DO THIS:

Heqi Sheng 155 Zhi Dan Lu Hong Kong Ge 3/F B Shanghai, 200065, CHINA

Payment To : Sheng Heqi
Seller's ID : hailitele
Seller's Email: hailitele@hotmail.com

jo gobel 23rd Jul 2007 7:34 am

there are on copyright laws in china

hense the reason the chinese have sold millions of ipod knockoffs and Apple cant do shit about it.


sorry to say, you fighting a battle that will most likely never develop.

however, good luck

The Truth 23rd Jul 2007 9:07 pm

Re: INVESTIGATION PROCESS FOR Hailitele
 
No, Your wrong. . In May 1991, the China State Council passed the Computer Software Protection Rules. Look up the 'Berne Convention.' Chinese Law officials are obligated to investigate. The hard part is the 'finding'. But Hailitele is not hard to find. We have their address etc. Just because they are Chinese doesn't mean they are outside of copyright. That is why the Chinese develop cheap lookalikes rather than exact copies. When there is issue of installation of MP3's where copyright is owned by record companies and the infringement is direct . . .It is just a ,matter of a law suit from one company to another. It matters little what stock exchange they are listed on.

I never been ripped off so bad, and those who rip me off will have to pay the consequences. Ripping me off is like the worst thing, ,worse than calling my mum a whore, cause sticks n stones will break my bones, but take a slice of my pie and you might die.

jo gobel 24th Jul 2007 6:04 am

like i said, good luck with that....

When the United States joined the Berne Convention, Congress explicitly declared that the treaty was not self-executing in the United States in the Berne Convention Implementation Act of 1988, section 2 (BCIA, Pub. L. 100-568).[10] The BCIA made clear that within the U.S., only U.S. copyright law applied, and that that copyright law, as amended by the BCIA, implemented the requirements of the Berne Convention. (Although it did not implemented §18(1) of the Berne Convention, a deviation that was corrected by the Uruguay Round Agreements Act (URAA) in 1994.)

This statement from public law 100-568 is repeated in the U.S. Copyright law in 17 USC 104, which assimilates foreign works to domestic works and which furthermore states in 17 USC 104(c) that

No right or interest in a work eligible for protection under this title may be claimed by virtue or, or in reliance upon; the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. – 17 USC 104(c)
Any requirements from the Berne Convention thus needed to be spelled out explicitly in the U.S. Copyright law to make them effective in the United States.[11] But Title 17 of the United States Code does not contain any article on the rule of the shorter term. The only mention of such a rule was added in 1994 with the URAA in 17 USC 104A, which automatically restored copyrights on many foreign works, unless these works had already fallen in the public domain in their country of origin on the URAA date, which is January 1, 1996 for most foreign countries. Because there is no general rule of the shorter term in U.S. Copyright law, U.S. courts have declined to apply that rule on several occasions.

jo gobel 24th Jul 2007 6:05 am

^^^^^^

copy and pasted from Wiki

jo gobel 24th Jul 2007 6:23 am

from how i read it, the US does not follow the Berne Convention regulations because they are not specifically stated within the laws of the US


but then again, i am not a lawyer, so all of this jargon means nothing to me.


however, i do wish you the best with your case and hope that you do nail this/these individual(s) because they are a scam and a ripoff and something needs to be done about this.

kevx 24th Jul 2007 12:16 pm

The seller did not sell you that song, It was only placed on the player as a sample. You might be able to have the seller shut down, but I doubt that this is the path to doing it.

robjones 27th Jul 2007 12:52 am

It`s a shame that Apple don`t do more in this matter. I have emailed them on three occasions to their counterfeit@apple link and not had a reply or even an aknowledgement. I would have thought they would have a lot of influence if they protected their products a bit more on Ebay. But I wish you good luck. Every avenue should be explored to try and take these scammers down.

mekako 27th Jul 2007 2:35 am

If Hailitele can be tracked down in Hong Kong, it may be possible to do him over copyright infringment, if it could be proved he is loading mp3 players with copyright protected music material.

I know for a fact because when I was last in Hong Kong myself, that there are sellers, selling copied software and music CD Roms who were based in buildings seling lots of PC stuff with lots of small stores within this building.

It may be worth you contacting Hong Kong
Aurthorities.
And on occasions the Hong Kong Police and piracy officals would do a raid and arrest them all on the spot.

It may be worth you contacting Hong Kong Aurthorities.

http://www.police.gov.hk/hkp-home/en...cd/contact.htm

http://www.customs.gov.hk/eng/major_...tection_e.html

The Truth 27th Jul 2007 3:34 am

Re: INVESTIGATION PROCESS FOR Hailitele
 
Well apparently my full refund was cleared from Hailitele. . .That is after I went to the measure of 'Selling Information on ebay not to buy from hailitele."

Nevertheless, If I'm ever in Shanghai, I'm gonna ram raid that fuckers workplace. . .Why ? Cause I'm sure he won't want the police there to investigate anything anyway.


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