I wrote a long, thought out opinion on the subject, ESPC, and somehow i think it got lost in cyberspace. If you get it — wasn’t complete. If you don’t — will compose again at a later date.
Hope that “very smart” husband and the rest of your family are doing well.
Margarett Coleman

Response:

Thank you Margarett, we are all doing well. Sorry about losing the letter but perhaps you can write in a word document and then copy and paste. I appreciate your comments. Hugs, Sadia

Sadia, if the ESPC is a “legitimate” organization, then perhaps you can verify WHAT STATE ARE THEY LICENSED IN TO OPERATE A BUSINESS??, WHY HAVE THEY NOT FILED A TAX RETURN WITH THE IRS SINCE 1999???, WHY DO YOU SAY THE ESPC REPRESENTS THE MAJOR EMBROIDERY DESIGN COMPANIES WHEN THEY ACTUALLY ONLY REPRESENT: ONE OR TWO COMPANIES: ACTION TAPES, A/K/A AMAZING DESIGNS, AND GREAT NOTIONS, WHICH BERNINA RECENTLY PURCHASED, AND OESD, WHICH IS OWNED BY BERNINA, AND TACONY HOLDS A LICENSED TRADEMARK on AMAZING DESIGNS.
The only off-spring is Viking. So let’s review, Singer is not a part of the ESPC. Brothers is not a part of the ESPC, Dakota Collectibles is not a part of the ESPC, and there are a number of others who do not belong to the ESPC. You know there are more companies who do not belong to the ESPC, than the few that do belong as members.
As far as following in the footsteps of the Music and Movie industry, I didn’t see any Court Files on Warner or Capital, Ascap, Universal, and other major music and Movie industries filing complaints against persons in an improper jurisdiction or venue. At least the movie and music industry filed where the sellers could be found. And the movie and music industry didn’t file million dollar frivilous lawsuits based on ‘UNKNOWN’ OR UNAVAILABLE’ PROOF” of any wrongdoing with the Courts and Copyright Offices. If you are for this organization, then you need to do your own research and see just what “entrapment” means. Carole Faulkner has a company called Stitching Station, and ebay seller Stitchingstation is connected to her and Donna mcCauley, who is alleged to be her relative. This person is the one who makes entrapped purchases so the Complaints can be filed. Check the Court papers…it’s all there. And none of the Music or Movie industry lawyers ask for $70,000 in attorney fees. At least the music and movie industry are hones in their filings.

The state of Pennsylvania and the State of Texas, do NOT have any records of a company or organization ever applying or being issued a license to operate and do business under the name of Embroidery Software protection Coalition, i.e. ESPC, or any of the primaries, Gary Gardner, Carole Faulkner, d/b/a ESPC. There is not a record of ever applying for or receiving a NON-PROFIT status with the IRS either. When you can explain that and give everyone that information, which they too can verify, then perhaps there might be a slim chance it will snow in the Desert in mid July.

Response:

Maggie, I have seen it snow in the desert, but not in July, LOL. It was the Gobi desert and a freak storm arose in early September.

Nevertheless, to answer your queries. ESPC is a branch of the Home Sewing Association dealing with education and promotion of education and protecting the abuse of software of the companies it represents. As for your “accusations” of business license, tax return files etc. I do not own ESPC, I represent it but the understanding that I have is that they are a branch of a major company therefore I suppose one would look to see if that major company filed taxes, had a business license etc. It is erroneous to say that they represent one or two major companies. They actually represent:  

Bernina, Pfaff, Babylock and Viking…that leaves only Brother which is a Japanese concern and a manufacturer of machines rather than ME designs. My understanding is that ME designs are licensed to Brother and are covered under Action Tapes which is a manufacturer of all the cards etc that are used in the ME machines. Action Tapes is represented by ESPC. Singer, an American company is not so much involved in ME designs thus the same thought. Tajima which is a huge concern of ME designs is also represented. So really and truly ALL Major ME companies are represented.  These just about sums up all the major companies.

I am not sure what you are referring to when  you talk about filing cases. I am not aware of any cases filed based upon Unknown or unavailable proof. As far as the attorney representing ESPC, how do you know what she makes in fees and or what names etc she may have. Many times, there are Internet Crime Division set ups and if that is the case, instead of accusations, perhaps you ought to consider obstruction of Justice.

Maggie, may I say something. All this is “what”?? These are simply random ramblings, put about by certain people who were actually the “sellers” on Ebay selling illegally. I have seen so many of the so called “helpers” in this cause match up exactly to the IDs and or their IPs of emails. These emails were sent as warnings to these sellers by many of us who were trying to stop the sellers from selling illegally. A problem arose, deal with it, why make mountains out of something that is not there. To try and find “??” and or accuse others in a situation only enhances further the belief that it is the avoidance of the course of law, enticing other innocents into a situation where they may find themselves in a deeper mess than to start with. If you are caught speeding, do you find all the dirt on the officer or admit that you were in the wrong and deal with it. Hugs, Sadia

Oh, yes, and I forgot to add this note, the movie and music industry ACTUALLY GO TO COURT, THEY DON’T FILE FOR DEFAULT JUDGEMENTS. A default judgement, don’t mean you won a case and you were right, it merely means that the case was filed in a court whereby the defendant had no way to represent themselves properly. And in some instances, even when the defendant did have an attorney, and worked with the Great Notions Company, they still had default judgements issued because of misleading and misrepresentations filed by the Plaintiff with the Court. Check the PACER site, it’s all there on the Court files for all america to see.

Response:

Maggie, I have no idea what this is about. The only thing I can perceive is that again it is the ramblings or the “gossip” as put out and about by those who were caught doing the wrong doings in the first place. Copyright is a Federal offence and it can be filed anywhere in the US, irrelevant of jurisdiction etc, at least that is my understanding.

Maggie, why do you not email the Attorney asking these questions, why do you ask me and or spread about these questions. I do not have answers to private lawsuits and I do not make it a habit to seek out all lawsuits and what is going on with them. To say that judgements are misleading and misrepresenting is to air that the Justice system of the USA is faulty. I hope there is enough evidence to back that up. Hugs, Sadia

You can check out the PACER site, it’s all there in black and white. You can also check out the fact that there are NO licenses issued to anyone operating a business as the ESPC. You are walking around with blinders, but so be it. You will be boycotted as well as all the companies who are listed on the website owned by Janice Blasco of Maitland Florida, called the ESPC. The independent digitizers who DO NOT SUPPORT THE ESPC will win in the end, and their business will grow. Too sad about you. 

Response:

Maggie, not sure what the PACER site has to do with a business licensing. As for boycotting, that was the main gist of some that started this whole scenario. By saying that you and the Independant digitizers that DO NOT support the ESPC only makes me believe that you are indeed some of the “birds” whose primary goal is to cause havoc, confusion, and to allow illegal sales and illegal distribution of others properties especially ME designs. My business will stay or not stay has nothing to do with your question. I have been online for a long time and as long as there is demand for my designs, I will stay. The bold moves by some of the “birds” in damaging my name and my business only furthers the belief that your lot is not out to seek the truth rather to misconstrue and misrepresent. Hugs, Sadia

Sadia, as I research today, my older mother is one who bought designs later deeme to be illegal. She had no way of knowing, she does know how to go to ebay but that is about it. How can this ESPC group hold people accountable who purchased, paid, with no knowledge? If I buy a stolen car, I don’t believe I am held responsible….the ESPC would come across alot better if they were more professional, did not send threatening letters, and honestly tried to address the concerns of those who have gotten caught up in the scam. If you would speak personally, please email me for a phone #. All I want to do is help out my mom, one very upset and scared older lady, and make sure that the SELLER who was truly the scam artist is held accountable.

Karen

one more question, in reviewing the site….everyone who creates a design trademarks it? It would seem the cost and time involved in that would be substantial….but the real question I have is are they reallly trademarked through the trademark and patent office?

Karen, buying stolen property without knowledge is not a crime. Possession of a stolen property however, can have repercussions if found out. Apparently your mother was found to have possession of stolen property…machine embroidery designs, therefore now she has to do what any one of us would do if found out. If you buy a car and later find out from the authorities that it is stolen, what would you do. The police will confiscate the stolen car from you anyway and you will help the police in apprehending the culprit (the seller) by providing all details etc. That is exactly what needs to be done now. Your mother has been notified of possessing stolen goods, she can now give all details regarding the seller and the stolen goods to the actual owner…ESPC. I’m sorry that this happened. If there is anything I can do personally please email me privately.
As for your second question regarding trademarks. Trademarks are marks that identify a certain good, word etc. I believe you are referring to copyright and not trademark in reference to ME designs. Copyright is immediately given by the US laws to works published. It is a choice whether or not the works be registered with the Copyright office. Although a good thing to do yet it is not a necessity. However, another point to note here would be that the works being given the copyright are not infringing upon the rights of another. Hope this helps. hugs, Sadia

Thank you for your polite and kind response. Everything you said makes sense, but one serious question, why does the EPSC not hold responsible the seller, who committed the true crime. My mom would of course return the downloaded design, that was never an issue. Being threatened by a $300+ charge is wrong, and believe me if you have not seen the letters, they are truly unprofessional and threatening. Same as the car deal, I would turn over the seller and all information, including returning the car — being forced to pay money for “retribution??” in that case would not be right either. That is my issue with this organization, and they are threatening older women buyers who had no clue that the product sold had any issues — again, returning is not the problem but she can’t even return it because they won’t even clarify what the alleged design was, they don’t provide specifics, all they do is threaten and use scare tactics, instead of providing information so the entire thing could be handled ethically, which most of these little old lady buyers would do…..I would love to mail or call you personally if you would provide your information back to the above email address.

Karen, ESPC does hold the seller responsible. Where did ESPC retrieve information regarding your mother? From the seller ofcourse. My guess is that the seller in order to make good on certain conditions has handed over the list of auctions/buyers etc to ESPC and that is where your mother’s name and names of hundreds others come in. You say that the letter is threatening. I have seen and read the same letter on ESPC site and as a business person I cannot see it as a threat rather a straight forward business letter. Nobody is forcing anyone to pay. The letter gives you a choice, whether you take the contents to pay or not is your choice. As far as the “older” women charge goes….I can assure you that is not correct. There is no discrimination of age etc here. A buyer purchased licensed designs that were stolen and is in possession of them has nothing to do with age. My personal advice, contact your lawyer, let him give you advice. Or, completely ignore the letter to see what would happen. Myself if I was caught in such a situation….I would pay up and be done with the deal but in future would be extremely careful of “deals” to be found. My contact information is to be found on my about me page on my website. You are more than welcome to email, call or write me personally. I honour all correspondence in strict confidence.