Problem: Inaccurate or misleading ad
07-24-2009: Shamburg initiated process
07-24-2009: Wallace submitted response
Shamburg describes the events as follows:
Wallace and I are both selling the Krell SACD Standard Mk3.
In his ad, WALLACE is displaying a photo I took of my own unit in its box.
To prove it is my unit and my photo, I would be happy to supply new photos of the same unit on the same rugs.
Thank you.
Shamburg is requesting the following resultion:
Remove my photo of my unit from his listing.
Wallace describes the events as follows:
This person had filed a complaint with you claiming that he purchased a unit from me. This is completely false. My unit is still for sale and has been for over a month. I just recently renewed the ad and have used the same pictures. Pictures are public domain, no one has a legal claim to them unless specific steps are taken to protect a legal claim to any such picture. If someone wants to use one of my pictures posted, they are welcome to do so. This person has falsey accused me of theft and in doing so is subject to an action at law for defamation.
Wallace's proposed resolution:
For Shamburg to retract his defamatory remarks immediately or I will pursue legal action against him.
Shamburg's rebuttal:
Wallace, in his listing, is using a photograph taken by me of my unit. His listing is therefore fraudulent.
I have not claimed that I purchased a unit from Wallace. He is attempting to deflect attention from the simple, incontrovertible fact that he is using an image of my property in an effort to sell his property. This is unethical and in violation of Audiogon rules.
Thank you.
As of 07-24-2009, Audiogon is requesting input from members regarding this dispute. |
