Showing posts with label Scams. Show all posts
Showing posts with label Scams. Show all posts

Sunday, June 27, 2021

Scamsaurus

Disclaimer: as far as I know, "Scamsaurus" is a made-up word, and I made it up moments ago.  I googled Scamsaurus, and was offered a choice of dinosaurs, among them Samosaurus or Camosaurus. I was also offered seemingly Japanese advice on ways to discern whether or not one might be dating a married man.

One has to be careful about words these days. The USPTO is experiencing a tidal wave of trademark applications, and they cannot cope with the influx from all over the world of persons wanting to lay claim to our words and phrases.

https://www.uspto.gov/blog/director/entry/what-a-huge-surge-in?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

Be sure to check out the comments for unofficial theories. Maybe leave a comment; there is a place to include a self-promoting url.

The copyrightalliance is another fine source for information about copyright looting. The article on the Internet Archive is a great starting point, but then scroll down to their other fine blogs.

The Authors Guild recently sent out a warning about an apparent scam where the alleged scammer appears to have appropriated the Authors Guild logo for the letterhead of their deceptive correspondence by unsolicited email. Genuine literary agents probably have their own logos and trademarks. Genuine agents used to be quite open about rejecting 95% of authors' queries, and even if that may not be the case these days, agents are unlikely to query authors.

For more about the Authors Guild, start here:

Talking of deception by correspondence, legal blogger Frouke Hekker for Novograf gives a comprehensive list of scams targeted at intellectual property owners.

You have been warned!
 

All the best,

Rowena Cherry 

Sunday, August 02, 2020

Privacy Con

Whether "Con" is short-speak for "convention" or "confidence (not)", tricks with regard to ones identity, privacy, copyrights, and biometric data abound. Privacy cons are this week's theme.

Sharing Key Takeaways from the FTC's PrivacyCon, legal bloggers Lauren Kitces,  Marisol Mork,  Kristin Bryan, and  Dylan J. Yepez for Squire Patton Boggs, report on the five important privacy topics discussed at the fifth such annual event.

The six topics were Artificial Intelligence, Health Apps, Internet-of-Things, Privacy and Security related to virtual assistants and digital cameras, International privacy, and miscellaneous privacy and security issues. The Key Takeaways are an excellent summary.

Original Link:
https://www.securityprivacybytes.com/2020/07/key-takeaways-from-the-ftcs-privacycon/#page=1

Lexology Link:
https://www.lexology.com/library/detail.aspx?g=776efd4d-2207-49dd-b38b-09ee817a1a12

As regards Health Apps, it is important to read up on recent news from FitBit, and to have confidence that FitBit promises that the acquiring advertisement company will respect users' medical privacy and will not use FitBit users' health and wellness data for one brand of advertising.

Chaim Gartenberg reports for The Verge:
https://www.theverge.com/2019/11/1/20943318/google-fitbit-acquisition-fitness-tracker-announcement

The Trichordist writes at length about the Internet-of-Things, wittily terming it the Internet of other people's Things, because of the massive amount of copyright infringement online.

This link is to Part 4 of a multi-series set of articles based on the amici curiae SCOTUS filing in what the authors claim might be the most important copyright case of the decade, because it might set fair use standards for years to come: 
https://thetrichordist.com/2020/07/30/there-are-untold-riches-in-running-the-internet-of-other-peoples-things-supreme-court-brief-of-davidclowery-helienne-theblakemorgan-and-sgawrites-in-google-v-oracle-part-4/

While on the topic of copyright, Chris Castle explains that copyright infringement lowers "the customary price", or what consumers would pay to read the book or dance to the music if not for its availability free on the copyright infringing sites.

If you use TIKTOK, do you know that they are allegedly a pirate site and allegedly don't pay for the music?
https://musictechpolicy.com/2020/08/01/when-pigs-fly-the-tiktok-fire-sale-belly-flop/

One wonders, does Apple know?  Tiktok icons pop up in the app store. It would be good to have the Supreme Court rule on what is fair use and what is not!

Returning to the legal blogs, Hunton Andrews Kurth LLP takes a look at Facebook and its use and possible abuse of biometric identifiers.

Lexology link:
https://www.lexology.com/library/detail.aspx?g=3b349823-41a3-4852-b115-8e8d8a7e0196

Original link:
https://www.huntonprivacyblog.com/2020/07/29/texas-ag-investigates-facebooks-use-of-biometric-identifiers/#page=1

One should be wary about giving consent when banks and brokerage houses try to bully one (usually via the artificially intelligent receptionist before one gets through to a real banker or broker) into agreeing to have ones voice recorded to use as identification for the future. It's becoming increasingly tricky to have confidence that ones voice isn't recorded and used for that purpose regardless of ones wishes.

What happens if one catches cold? Would ones voice pass muster? What if one of the places storing ones voice were to be hacked. If it is already unwise to say, "Yes" to any stranger on the telephone, how much more dangerous to ones privacy and ones property would it be if biometric data is widely used for identification and security?!

Finally, for Baker and Hostetler LLP, legal bloggers Linda A. Goldstein and Amy Ralph Mudge discuss a social media bot dossier. Allegedly, this is about a company called Devumi, that was accused of selling the appearance of thousands of fake social media fans to boost the reputations and egos of persons wishing to appear influential or popular, especially on LinkedIn, Twitter, and YouTube.

Original link:
https://e.bakerlaw.com/rv/ff00664060d9cac92f4e13993c479c667c08f540/p=8416417

Lexology link:
https://www.lexology.com/library/detail.aspx?g=43f3ee0e-0148-49b2-a69e-f651527d6e2f


Back in 2018, Jesse M. Brody of Manatt Phelps and Phillips wrote about fake social media follower bots, apparently belonging to the same company, and presumably how these false friends con advertisers.

Sunday, August 25, 2019

Scam And Comply.

Victoria Strauss's  "Writer Beware" blog has a comprehensive list of scammers preying on writers. One should bookmark it.

https://accrispin.blogspot.com/2019/08/from-philippines-not-with-love-plague.html?fbclid=IwAR32_XrsidyeVPfyMvrQwYzgfiXsjHzPYGIoQhXGURZHxchOSG6d8pT1Cws

That same part of the world has also taken no small part in ebook piracy.
https://entertainment.mb.com.ph/2018/04/23/fight-against-piracy-continues/

While membership of the Authors Guild may not help writers (much) against piracy, apart from advocacy in all the right and powerful places against all aspects of copyright infringement, Authors Guild can assist members to recognize and avoid bad publishing contracts and disputes with publishers.

https://www.authorsguild.org/member-services/legal-services/

When acting like a bed bug and biting your gigantic host, it's always good to anesthetize them first. Here's the compliance part, which is actually about non-compliance.

Legal blogger Craig L. Cupid, writing for Baker Hostetler has written a three-part blog series about the DMCA and the requirements with which companies must comply in order to merit Safe Harbor protections.

Original:
https://www.copyrightcontentplatforms.com/2019/08/part-1-companies-are-not-complying-with-the-safe-harbor-provision-of-the-dmca/#page=1

Also
https://www.copyrightcontentplatforms.com/

Craig L. Cupid makes the points:
"Three rules associated with these requirements are recurring issues not being addressed by OSPs:
  1. OSPs must provide the Copyright Office with their full legal name, physical street address and any alternate names affiliated with the platform.
  2. OSPs must register a designated agent to receive copyright infringement notices. The rules require that the agent’s full name, address, phone number and email be publicly accessible on the OSP’s website and that the identical information be provided to the Copyright Office for display in its DMCA directory.
  3. OSPs must write, post and implement a repeat infringer policy to govern the takedown process for users who recurrently post copyrighted materials."
Does EBay do #2?  Does Amazon?  Does Facebook? How many times have the copyright owners amongst our readers gone to an OSP site and been given the run-around instead of finding a clear link to a fully named person who is copyright agent, with full contact info?

Another big host, Amazon, is in the news for acting like a flea market.

Bill Bostock, writing for Business Insider, reported this week on the bootleg copies of George Orwell's "1984" being sold by scammers who claim copyright over their versions, and include gibberish and horrible gaffes presumably from a much-relied upon internet translation app.  "Faces" into "Feces".

https://www.businessinsider.com/1984-sold-amazon-text-replaced-gibberish-2019-8

Bill's is a very interesting take on the topic. Highly recommended.

Another sizeable establishment is allegedly attempting to trademark the definite article. That would be the word "The".  (Application No. 88571984).

Alex Nealon, blogging for the law firm Banner Witcoff, reports on Lexology, and also on the Patent Arcade blog about The Ohio State University's quest to patent that word, presumably in the limited context of clothing.

http://patentarcade.com/2019/08/university-attempts-to-trademark-the-most-common-word.html#page=1

Wouldn't "The U", as the University of Miami is known, want to challenge that trademark grab?
Hopefully, someone will tell them.

All the best,
Rowena Cherry 

Saturday, June 15, 2019

Creepy, Snoopy, Moribund... And All In The Best Possible Taste


Extrapolated from an alert on the Yahoogroup "AuthorsAgainstEBookTheft":

For authors who were published by Mundania.com, it has something in common with the Monty Python parrot. It is no more.

The website has an announcement:
PUBLIC NOTICE:
ALL PUBLICATION CONTRACTS MADE WITH MUNDANIA PRESS LLC, PHAZE BOOKS, HARD SHELL WORD FACTORY, AWE-STRUCK BOOKS, AND CELERITAS LIMITED LLC FOR EBOOKS, PRINT, AND AUDIO BOOKS ARE IMMEDIATELY CANCELLED AND FULL PUBLICATION RIGHTS ARE RETURNED FOR ALL BOOKS TO ALL AUTHORS AS OF MARCH 27, 2019.

The smart move would be to visit http://www.mundania.com/ and obtain a screen shot in case this is the only proof of return of rights that is available.

Note: Margaret L. Carter has pointed out that she received a full and proper return of rights directly from Mundania. Apologies if the above note was in any way inaccurate.

FIVE SCAMS FOR SENIORS
For Americans who might or might not have someone in the household nearing or older than sixty, beware of unexpected, unsolicited phone calls from persons claiming to be from Medicare. They are not. They quite possibly found your/your loved one's contact information and age on a site such as Been-Verified (which is not a reliable site, and which may well have complete and utter elderly strangers listed as living at your home with you... and their system provides no way for you to correct this error), and what the callers want is
a) to record you saying, "Yes?"  (Never say Yes to a stranger.)
b) to get your personal information and secret(ish) numbers.

Or perhaps some files were badly consolidated and some creepy snoopy sites got bad information from the Microsoft data breach.
https://blog.malwarebytes.com/cybercrime/2019/05/mysterious-database-exposed-personal-information-of-80-million-us-households/?utm_source=double-opt-in&utm_medium=email-internal-b2c&utm_campaign=EM-B2C-2019-June1-newsletter&utm_content=mysterious-database

Look here for scam warnings.
https://www.aarp.org/health/medicare-insurance/info-2018/open-enrollment-scam.html

OK. That is not writing or copyright related, but even writers get older. Moreover, authors are obliged by the nature of their business to put out more information on back matter and on public sites than most people.

Writers, be like The Queen of England. Keep your real birthday private, and celebrate an "official" birthday for social media purposes that is not your truthful birth date.

Finally, for anyone who is interested in SUPER (voting) POWERS that affect the big social media platforms, the trichordist has an eye-opening expose by Chris Castle on how supervoting works and why Zuckerberg (for one) has nothing to fear from shareholders.
https://thetrichordist.com/2019/06/06/guest-post-musictechsolve-betting-on-the-house-issues-that-house-judiciary-should-investigate-against-google-end-supervoting-shares-for-publicly-traded-companies/

One reason why Mark Zuckerberg maybe should be reined in is his alleged interest in monetizing other people's menstrual periods.

All the best,
Rowena Cherry 

Saturday, March 02, 2019

Faking Reviews Matters

Every author wants 5-Star reviews, on Amazon, on EBay, and elsewhere. Amazon tries to remove reviews that it deems to be fake (often in the process unfairly removing legitimate reviews), and sometimes it gets faked out, even by its verified purchasers/reviewers.

Two legal blogs reported on the first shot across the bows:

"Thinking of Purchasing 5 Star Reviews? Think Again!"advises legal bloggers Phyllis H. Marcus and Emily K. Bolles for law firm Hunton Andrews Kurth LLP.

https://www.lexology.com/library/detail.aspx?g=b9e1c66b-8892-43b9-b94e-60659f794233&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2019-03-01&utm_term=


Also, legal blogger David O. Klein for law firm Klein Moyniham Turco LLP   discusses the same potential of a $12.8 million dollar settlement.

The FTC investigates fake reviews by an allegedly verified Amazon reviewer who was  allegedly paid to counter negative reviews posted by fans of a rival product by posting postive reviews of the product in question.

https://www.lexology.com/library/detail.aspx?g=1f7b4ab1-4bca-4422-9ab4-622586c621b2&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2019-03-01&utm_term=

The stakes were high because the alleged work of fiction in question concerned the efficacy or otherwise of a weight loss supplement.

Soliciting "likes" is not much different from soliciting dishonest reviews.

Writing for law firm Morrison & Foerster LLP, legal blogger Aaron P. Rubin discusses the declaration that fake "likes" are illegal.  It is unlawful to sell fake followers, fake likes, or fake views... (and presumably fake reviews).

https://www.lexology.com/library/detail.aspx?g=a4df0387-61c7-46bd-8715-550f54e7df00&utm_source=lexology+daily+newsfeed&utm_medium=html+email+-+body+-+general+section&utm_campaign=lexology+subscriber+daily+feed&utm_content=lexology+daily+newsfeed+2019-03-01&utm_term=

Part of the fault for dishonest reviews lies with the companies or buinesses that put such stock in a "Like" or its equivalent on Facebook or  Google or Ebay that they pressure their vendors and salespersons to pester customers for likes or 5 star reviews (but nothing less than a 5 Star).

A certain Doors and Windows company does this to my knowledge, so one cannot trust reviews of at least one doors and windows company's products or salesmen.

Many authors use Pinterest, so may be interested to know that an IPO is in the offing.

Also, social media extortion is "a thing", so if anyone asks you for money or property in return for removing negative misinformation about you (or your works) that they have posted on social media, they may be punished by 5 years in prison or a maximum fine of $10,000.  Good to know!

Another link of interest for newbie authors wishing to avoid being exploited: http://www.writersandeditors.com/self_publishing_and_print_on_demand__pod__57417.htm#bookmark14

All the best
Rowena Cherry

Saturday, September 15, 2018

Very Fine Print - Just Because It Says It's A "Reminder" Doesn't Mean It's Not a Pitch

"IMPORTANT - OPEN IMMEDIATELY"

Unfortunately, the American 1st Amendment allows anyone to make the misleading claim that their written communication is "Important", and to demand (using the imperative mood) that the recipient of the missive is hasty in reviewing the material.




If you review this hastily, you might not notice that this "Reminder" comes from somewhere called "Bureau", rather than from the USPTO ... which is an Office. You might also not notice that this "reminder" gives your ten-year anniversary date as a whole year (or more) earlier than the renewal is actually due.

Signing and returning this document will not actually renew your trademark, it will empower the helpful Bureau to renew your trademark on your behalf. The large block of fine print most professionally and politely discloses to the target reader that the "Bureau" is a private business, and also that they are not endorsed by the US government.

Government websites are usually .gov

Like this one:  https://www.uspto.gov/trademarks-getting-started/caution-misleading-notices

The USPTO warns about a great many purveyors of perhaps premature and unnecessary reminder services
and their list should be a go-to for authors and trademark owners.

Fascinatingly, the sample envelope that the USPTO displays purports to come from New York, but was postmarked from Santa Clara. It is also always interesting when a business sends mail from a seemingly prestigious (Park Avenue?) address, but encourages respondents to mail to a PO Box in a different zip code.

Rent at 230 Park Avenue appears to be as low as $33.80 per day.  That is, per individual, and for a multi-month lease.




That reminds this author of the interesting details of the work experience of an author-client-funded publisher's London-office-based representative, by Henry Coburn

http://www.theindependentpublishingmagazine.com/2018/07/the-radiance-of-banality-predatory-publishers-in-the-uk-part-one-henry-coburn-guest-post.html

http://www.theindependentpublishingmagazine.com/2018/07/the-radiance-of-banality-predatory-publishers-in-the-uk-part-two-henry-coburn-guest-post.html
 

Other helpful sites for aspiring authors:

https://www.sfwa.org/other-resources/for-authors/writer-beware/

https://writersweekly.com/whispers-and-warnings/09-13-2018
 
https://blog.reedsy.com/scams-and-publishing-companies-to-avoid/

https://justpublishingadvice.com/new-authors-beware-of-scam-agents-and-publishing-sharks/


The above are also jolly reading for those who enjoy the occasional, regrettable bout of schadenfreude.

Please respect the copyrights of helpful (and of unhelpful) sites. That may go doubly so for our European readers, given the passage of  Article 11 and Article 13, despite the efforts of the highly alarmed folks at EFF and others.... much to the glee of musicians in particular, who may now look forward to being paid when their work is monetized by others without their permission or fairly negotiated compensation.

https://thetrichordist.com/2018/09/13/totally-pissed-off-by-big-tech-spam-eu-gives-artists-a-copyright-victory/

Article 11 is described as a "link tax", which may mean that content creators' publishers may demand payment when major platforms quote and link to copyrighted works such as stories. There are exceptions for small and micro platforms. With luck, individual bloggers are considered small, and perhaps "fair use" rules will continue to apply, although what is "fair" may in time be more narrowly interpreted (as reportage, parody, review, scholarship.)

Article 13 holds platforms responsible if the platforms permit or turn a blind eye when users upload and share unlicensed, copyrighted work, which might mean music, music videos, photographs.

All the best,
Rowena Cherry

Sunday, February 14, 2016

Trademark Scams

Have you trademarked any title, or expression, or unique term? Some science fiction romance or paranormal authors have done so.  For instance, some in the publishing world are watching with interest a lawsuit concerning the similarity or otherwise of the terms "Dark Hunter" and "Shadow Hunter."

This isn't about that. It's about numerous scams that try to trick authors who own trademarks into paying entitites other than the USPTO for services that some would say are worthless, and that are not renewals of those trademark registrations.

Here's a sample that was mailed to me for a trademark of mine. I apologize for the wrinkles. I did not treat the scam with great respect.


Trademarks only last for five years, and have to be renewed. Usually, the renewal notice will be sent to the trademark owner's lawyer.

The entity you should be paying is the USPTO, and no other acronym.  If the USPTO sends you an email, it will come from uspto.gov (but, of course, you should make sure that this addy wasn't just written in.)  If you receive a letter, it will come from Alexandria, VA.

However, there seem to be several scams that also call Alexandria, VA their home.

The $750 fee is in the ball park, but a bit more than a legitimate renewal fee.  I've received solicitations trying to trick me into paying double that.

If you have been tricked, the USPTO will not help you get your money back, but if you report them, you might help the Feds to prosecute them.


For more information, check out the USPTO site:
http://www.uspto.gov/trademarks-getting-started/non-uspto-solicitations

Happy Valentines Day.

Rowena Cherry