Since you did not state when selling the videos that they cannot be resold theres little to nothing you can do apart from politely contacting Harsha and requesting he/she don't sell them.
Hint: Don't start sales crashing when you have no grounds to do so. Nobody will react well to that.
Unless you own the rights to these videos, I don't see how you can expect exclusive resale rights. You may have taken the time to compile them all, but I'm not sure that affords you any rights...
That's what Courts are for.
Was it stated anytime there are no resale rights, as Matthew suggested?..
By the looks of it, you werent that clear with your T&C'S, although I just checked out his thread, and it appears he has backed down.
Be more specific next time...
I guess there isn't anything that you can do. If you copyrighted than maybe.
You definitely shouldn't have bashed his thread the way you did on digitalpoint...
Did you create these video's yourself? If you did not create the video's yourself then this is like you ripping a movie or music off and then complaining about the person reselling the music/video you ripped off. You have the right to sell a script to install the video's into a CMS, but you don't have the rights to the content itself *if* you did not create it in the first place. All copyrights remains to the orginal creators.
You not totally SOL, you just have to prove they are selling your install script (sql files). Then you have a case against them, but you can't complain about the video's themselves...
Hold on, were's your proof you actually can sell 4,000 videos.
Im assuming you have proof for every single one?..
I have tried to explain to people before that pure data and lists can't be copyrighted. Those that sell "databases" have no grounds to offer any "rights" as they themselves don't have any. You would really need to use a non-disclosure agreement that the information is proprietary and they promise no to disclose it to a third party.
As for those selling these flash and movie packages...it's silly since it's just file compilations. You have no rights at all to them. As a matter of fact by selling them you are breaking the copyright of every single video producer in the package. lol...and you want to action on someone reselling it? lol..jeez the irony..
In this case, you probably acted out of turn - and reflected more poorly on yourself than the alleged "ripper". That being said,.
US: Title 17 103 (a)(b).
I don't think that if you sell something that you need to disclose that there are no resale rights. I think that it is assumed when you buy something that there are no resale rights, unless the seller states otherwise.
Most informational products don't say a thing about resale rights, but that doesn't give you the right to resell them.
I don't know anything about this particular case, but I'm just opining on that issue...
This is typically the case. Legally, the copyright stays with the original creator unless they expressly transfer that right. Its like if you buy a DVD. You're just buying a copy of a movie, much like a script is merely a copy of code. This doesn't mean you have the right to copy it again and sell it...
There may be times when this isn't true, such as if you create something for your employer, then they would usually hold the rights to it...