The Embroidery Software Protection Coalition (ESPC) is a United States embroidery industry trade group. Its primary activity is the investigation and prosecution of alleged acts of copyright infringement. The group has drawn media attention for its campaign of settlement demands against individual buyers as well as sellers of embroidery patterns and software. It drew further attention with a 2006 defamation suit against two individual Internet critics, in which it attempted to subpoena the identities of every subscriber of the critics' electronic mailing list. An industry trade group, also known as a trade association, is generally a public relations organization founded and funded by corporations that operate in a specific industry. ... This article or section does not adequately cite its references or sources. ... “Libel” redirects here. ... An electronic mailing list, a type of Internet forum, is a special usage of e-mail that allows for widespread distribution of information to many Internet users. ...

eBay Buyer Infringement Claims

This ESPC letter accuses an eBay buyer of copyright infringement.

On August 3, 2005, the United States District Court for the Northern District of Texas approved the dismissal of a lawsuit brought by the ESPC and ESPC member companies against eBay and PayPal, pursuant to a stipulation agreement between the parties. Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ... The United States District Court for the Northern District of Texas is part of the Fifth Circuit, which includes Louisiana, Mississippi and Texas. ... eBay headquarters in San Jose eBay North First Street satellite office campus (home to PayPal) eBay Inc. ... eBay North First Street satellite office campus (home to PayPal) PayPal is an e-commerce business allowing payments and money transfers to be made through the Internet. ...

On September 7, 2005, WNDU-TV reported that the ESPC was mailing settlement demands to individual eBay buyers.^[1] According to one such demand letter, dated October 17, 2005, the buyers were identified by personal records provided by eBay and eBay sellers. WNDU-TV (channel 16) is a television station in South Bend, Indiana. ...

The October 17 letter further claimed that buyers, by purchasing and possessing unlicensed copies of embroidery software or patterns, had infringed copyrights according to federal statutes. A University of Notre Dame law professor interviewed for the September 7 WNDU-TV report disagreed, saying that no exclusive copyright to purchase or possession exists under current law. The University of Notre Dame IPA: is a Roman Catholic institution located in Notre Dame, Indiana, immediately northeast of South Bend, Indiana, United States. ...

Defamation Suit

As of April 28, 2006, the ESPC has "claimed" to represent seven United States embroidery publishers and distributors.^[2] The legitimacy of the ESPC is disputed by Internet critics, who suggest that the ESPC may be associated with only one publisher, Great Notions Embroidery Designs.

On June 28, 2006, the ESPC responded to two such critics, against whom the ESPC had previously filed copyright infringement lawsuits, by filing a new lawsuit. In the new lawsuit, the ESPC alleged defamation, intentional infliction of emotional distress, conspiracy, business disparagement, and tortious interference. Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ...

The ESPC subsequently petitioned for a subpoena seeking the identities of every subscriber to the two critics' Internet mailing list. In September 2006, after the Electronic Frontier Foundation intervened on behalf of the anonymous targets of the subpoena, the subpoena was withdrawn. ^[3] EFF Logo The EFF uses the blue ribbon as symbolism for their Free Speech defense. ...

The referenced critics, since February 2006 have entered an out of court settlement with ESPC. Prior out of court settlements show that the infringers hand over lists of buyers and individuals to whom the machine embroidery designs were sent.

References