Someone Selling My Digital Art, Not Cool Round 2

Once again the guy who had stolen my digital image of my What If? Billy Ripken bat knob card is at it again and selling the card again. When I contacted him on January 4th about it he ended the auction and while he gave me a shtick about why I should allow him to sell the card he did agree to not sell it. I have made it routine to check every so often and last night I came across the same guy selling the same card using my image to make a profit for himself.

I tried to contact him through the question link in the auction but he apparently has turned off the "Ask a question" link for his auctions. I am guessing he probably gets plenty of complaints and won't face up to his actions. I had saved his emails from our conversation in January so I sent him an email regarding him selling my image and how I am done being polite. I submitted a report to the eBay VeRO department regarding him using my intellectual design to make money, I also made posts on Blowout Cards forum, Beckett forum, the Trading Card Database forum and the Sports Card Forum.

Most people would respond the first time it was brought up and stop selling the card totally, scrap the image and move on but not this guy. Where a profit is to be made I am sure he is set to sell everyone else's work as his own.

EDIT 4/6-
Here is the guy's store link: mr.0ddball420

All of this could have easily been averted had he just stopped using a design I posted back in January but apparently the $14.99 he got from the couple of cards he sold was too much to give up. Now because he had to turn this in to a big blow up and continue to claim his friend own the rights to the card and if I pushed him to stop selling the card he was going to hunt me down and turn his friend's lawyer on me I decided to go all out to stop this guy from selling his cheap copies.

I contacted Topps, Upper Deck and Beckett because he is selling cards with their logos/watermarks on them and I already have gotten a response from Upper Deck and they are getting involved.

Someone Selling My Digital Art, Not Cool

Last night I was reading a post on the Blowout Cards forum about a collector being reunited with a graded 1989 Fleer Billy Ripken card that he sold a number of years ago. I took a quick look at eBay to see what kinds of variations there were for the card and I came across an auction of someone selling a copy of the card I created using the Billy Ripken card for one of my What If? posts back in 2014.

Here is the link to my post from 2014: http://packwar.blogspot.com/2014/01/what-if-billy-ripken.html

Here is the auction: http://www.ebay.com/itm/BILLY-RIPKEN-RC-F-F-1988-ERROR-VERY-COOL-CUSTOM-MADE-ODDBALL-CARD-READ-/182408538536?&rmvSB=true

I sent him an email asking politely that he end the auction because I created the image for the blog and only for entertainment, not to be sold. He did eventually respond and did end the auction but he has been hounding me to allow him to sell the card saying that if I had no intent of selling it than he doesn't understand why I wont let him sell it. He has even gone on to claim that his friend owns the rights to the Billy Ripken card and I should allow his friend to sell copies of the card.

Which Route Do You Take?

Does the buyer take on a certain "caveat" when they purchase a card and the seller offers free shipping using a PWE?

The reason I am asking is because I won an auction for a 2013 Topps Chrome Nick Franklin rookie card. It was only .79 cents and I figured it would be a nice addition to my Seattle Mariners collection. I knew the card was being shipped using just a plain white envelope but the auction showed the card in a rigid top loader so I figured it would be safe in transit.

I received the card today and instead of a rigid top loader that the card was pictured with in the auction the card was shipped using a flimsy UltraPro top loader and the card was damaged with a nice crease running about 1/3 of the way across the back. I never use these flimsy top loaders because they are to weak to use in shipping, to large to fit properly in a binder or box and they are notorious for pinching the cards. He didn't even use a penny sleeve, which is also visible in the auction photo.

Do I ding the seller for shipping the card in the UltraPro top loader, thus allowing the card to get damaged in transit, or do I let it go because I took a chance knowing that it was being shipped in an envelope (though I thought it was coming in a rigid top loader) and it was under a buck and an easy card to replace?

Posted with rigid top loader

Received with a flimsy top loader

Damaged section