I’ve come to your website after reading through the Ed Foster discussion… I now understand your side of the problem (as a designer) as well. The problem seems to be that the ESPC should have stopped after successfully going after the original pirates of the designs. The “going after the little old ladies” (guilty or not) just seemed “over the top”? It somewhat reminded me of the original Twilight Zone episode called “Four O’Clock”. However, in reading your website, I can also understand your (and other “small” designer outfits) frustrations when seeing a design “slightly” modified and sold illegally. On the other hand (I feel like the guy in Fiddler on the Roof), the problem with not going after the buyers is when they turn around with a “re-mix” of designs on a CD that they then sell… This is a difficult problem for a niche market…

As background, I am a (very) part-time cross-stitcher (kit stitcher) but have never attempted creating any designs…

–Tom

Just as you would love to know who I am. Rest assured you previous guesses are way off. You wouldn’t know me, if I were standing right in front of you. I am not anyone you would recognize. But I do wish for you the best and that you would at least listen to the other side. I’m not one that has called for boycotts. I’m not one that dislikes you because of your ESPC support. I do disagree strongly with the tactics being used by the ESPC against consumers while giving the “Pirates” a slap on the wrist. I do not disagree with your point of being in business and being ripped off by pirates, I disagree with the way you want to blame the consumers for lacking the information to make informed decisions. I disgree with your references to to the new group which have been total misinformation. I disgree with many of your brash statements of fact, that indeed have no basis. But I do defend your right to state them.

You have assumed that all the posts on Ed’s blog were made by members and specifically moderators of C&E, again you are mistaken. Most of them were not. This group did not corner the market on wanting to make changes and stop what is going on now in the embroidery community. Many people are of the same feelings and since they are unable to discuss it on the main stream groups, they have found other forums to speak up.

We are truly sorry you have taken a stand against a group of people you do not know and do not even try to know or understand. Listening must be done on both sides to have understanding. Yet you have decided it is we who must listen while you instruct. You may want to try something I’ve found works well for me. When I speak with authority, which is very seldom, I first research my facts, I weigh my words carefully and when I write, reread before I publish it. When I speak with emotion, I find I generally wish I could take back my words. Try it, you may find that even more will listen.

To answer your questions/statements: One is dictating what the society should think when one presents facts twisted to represent what reality is. My blog is full of information for people to recognize illegal designs and what to do. If that is not education, pray tell what it is? As far as telling me my facts and my reasoning is wrong…thank you. As for telling me that I have mistakenly developed a phobia re my religion and my nationality…I’m confused. I’m an American citizen and my religion is my own. I do not portray it neither do I mention it but I am not so stupid as to recognize jabs. Please read the blogs, it will become apparent. As far as education is concerned, I will continue to do such to the best of my ability. If someone does not like what I write, then please do not read it, it is your choice. Thanks, HUGS, Sadia

1. None of the owners/moderators of C&E are traders or pirates.

2. If in fact they are anonymous as you stated, how then do you you know who they are?

3. C of BBD has absolutely nothing to do with C&E, nor do JE or T. (saving you the trouble of editing)

4. You were publicly invited to join the group, you were not banned nor have you made any effort to join as it is not necessary:

a. because you can read the posts without being a member and
b. Some of your so-called independent little unnamed group are already members and are known to the group owners.

5. This group is not trying to dictate to digitizers what they should do with their copyrights or their businesses. The consumers have spoken up and made suggestions. The digitizers can listen or not as they see fit. The consumer will spend their dollars as they see fit.

6. Everyone on the group is mostly concerned with how to recognize illegal designs with out bashing, flaming or accusing out of school. What questions do you ask before you buy?
What should you do if you suspect a design is illegal?

7. There has been no bashing of other groups or blogs or individuals.

So please explain why do you take such delight in bashing them on your blog, making false statements and warning people they will be turned to stone if they join or become involved?

Why don’t you try looking into it with an open mind for a change? At the very least get your facts straight. You have no idea who the owners or moderators are, you know nothing of their backgrounds and your broad statements are meerly suposition. AND THEY ARE WRONG!

Please return to true education, you do beautiful work, you would be so much more effective teaching embroidery, than to speak as an authority of things you know nothing about.
The average person does not enjoy being talked to as though they were inferior blobs as you talk to people. BTW, your ego has nothing what so ever to do with your nationality or religion.
You developed that all by yourself.

J**** E**** notified the Yahoo pirate list that 32-year-old V******* W***** had a near fatal heart attack a week ago and three more heart attacks in the emergency room. Her heart allegedly stopped and she was shocked back from the dead. Forty-eight hours later, she checked herself out of the hospital. The Yahoo list V******* W***** and J**** E**** operate has been busy buzzing with the news. A few members are questioning this miraculous recovery. I assume the WJS reporter was aware that W***** and E**** are mother and daughter. They maintain their victim status by appealing to the goodness in all of us. Several online entities have apparently been taken in.

This part of the article is particularly concerning:

J**** E****, a longtime embroidery hobbyist, logged onto the Internet last year and found images of flowers and cuddly animals. Altering them with special software on her home computer, she created versions of the designs that she stitched on quilts for her five grandchildren. She used a computerized Singer embroidery machine, and sold some of the designs online for about $2 each.

A few weeks later, a courier appeared on Ms. E****’s front porch in House Springs, Mo., with legal papers informing her that she was being sued. The complaint said she had violated copyright law and that some of the designs she had sold belonged to embroidery company Action Tapes Inc., in Dallas.

“Who in the you-know-what is this company?” Ms. E****, 61, recalls thinking. “I’ve never bought their designs, and I still don’t buy their designs.”

It is copyright infringement to:

1. Digitize from a copyrighted image and sell the result (without first obtaining permission).
2. Reproduce a copyrighted work without a license to do so. Reproduction happens the minute designs are read by a computer from a CD/DVD or from email or download.
3. Reproduce a copyrighted work and sell it as your own.

There is no question in my mind that E**** did not buy the designs she was selling, at least not from a bona fide source. I imagine she, like so many others, downloaded from a sharing group or someone emailed them to her. These pirate groups pop up all the time, all over the Internet. There is also no question in my mind that E**** did not, in fact, create her special designs from some copyright-free artwork. Did the reporter ask to see the artwork source? Bona fide designers purchase their artwork, often at considerable expense. Very little artwork is without copyright. I believe Ebert & Weaver were, in fact, selling Amazing Designs/Great Notions/Action Tapes designs. The court cases that have been filed will certainly clear up any question. Posters on the Yahoo pirate group continue to contend that the complaints are false. I find it unlikely that the ESPC lawyer has filed untruthful complaints in a United States District Court.

We continue to hear how ESPC targets only “poor old ladies.” Many, if not most, of these “poor old ladies” are not poor and are not old. Certainly, at 32, W***** is not old. It takes considerable investment to partake of the machine embroidery hobby. People spend thousands of dollars in machines alone. That investment does not include all the required supplies and software. We continue to hear how innocent these poor old people are. Go to any prison and ask the criminals if they are guilty. What do you think they will tell you? People like E**** and W***** are as shrewd and alert, though not necessarily as intelligent, as they come. Many on the Yahoo pirate group are as mean, defiant and without morals as you will find anywhere. At least two in that group already have embroidery piracy judgments/settlements against them.

The pirates are a brazen and vicious bunch. On a few occasions, I have written notes to eBay sellers that what they are selling is illegal and stolen. I generally direct them to the ESPC website. Quite often, I get back retorts such as, “F— off” or “Get a life.” They usually go on selling until someone shuts them down. Only rarely I find someone who really doesn’t understand the illegality of what she or he is doing. Once informed, they quickly shut themselves down. I see the same pirate sellers return again and again under different aliases. I call the game “Whack a Thief.” They just keep popping up, over and over. According to complaints filed, E**** and W***** had many different seller IDs. I assume the ESPC lawsuits finally stopped them.

The pirates like to say that ESPC is destroying small embroidery businesses. The small business owners I know are thrilled that someone is finally stopping the design trafficking. Each of them, alone, is unable to finance the kind of effort it takes to shut these people down. They are grateful that the major machine/design companies are finally doing it. Producing just one quality design or collection takes hours or days or weeks. The pirates think nothing of taking someone’s full week/month/year’s work and selling it for a few dollars.

I know the “poor old ladies” wish ESPC would just write and tell them they can’t buy illegal software. They don’t like that ESPC requires a nominal amount to compensate for expenses and losses. What these “poor old ladies” don’t realize is that it takes staff time and resources to enforce copyrights. Who better than those who partake of the pirate trade being required to finance the expense of enforcement? I seriously doubt that the requested $300 even covers the time and expense to track down and notify each infringer.

Here is an informative article that came out in Stitches magazine: http://stitches.com/EBI9_14business/ You can find a lot of information on the US Federal Court website: http://pacer.psc.uscourts.gov/ The cases against E**** and W***** can be found in the Easter District of Missouri.

I have no business connection to ESPC, nor have I ever traded in stolen embroidery software. I have watched these pirates and their friends target and destroy any business or individual who has any sympathy whatsoever for ESPC. They drag their names all over the Internet and make them succumb. They tried to make Sadia succumb, and have successfully made other businesses “get in line.”

Sadia, I admire your courage in the face of these people.