Warning from Dr. Collin's attorney?

[Krnluve24]

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Hello everyone,

I posted a thread in the free classified section selling my Dr. Collin's Pcat Study guide not too long ago and I just received a private message from PCATMan777 telling me that what I'm doing is wrong and will take legal action....

Warning from Dr Collins Attorney You are selling materials copyrighted by Dr Collins and the PCAT Prep Class, Inc. If you do not remove this posting immediately you will be subject to legal action. Cease and desist warning has been issued. Next step is legal action. We are looking to make an example of someone and it may be you if you do not stop infiringing on Dr Collins copyright.

The study guide I have is original and since I bought it, don't I have the right to sell it?

Is this guy a troll?

I have no problem removing it but seriously....is this a joke?

Any admins have a take on this?

 

[MShopes]

Hello everyone,

I posted a thread in the free classified section selling my Dr. Collin's Pcat Study guide not too long ago and I just received a private message from PCATMan777 telling me that what I'm doing is wrong and will take legal action....



The study guide I have is original and since I bought it, don't I have the right to sell it?

Is this guy a troll?

I have no problem removing it but seriously....is this a joke?

Any admins have a take on this?

So you buy the package for around 300 and let say sell it for 100 dollars while the person who was going to buy it from you could have probably bought it from them for 300 dollars, do you think that's fair for them? HELL NO.

I would be careful and just remove it.

 

[xtsukiyox]

The study guide I have is original and since I bought it, don't I have the right to sell it?

From PCATPrepClass.com's Self Study Course Registration Form:

The undersigned student of the PCAT Prep Class agrees not to share, sell or distribute in any manner, materials from the class. You have purchased a one user license intended solely for the person registered using this form. [FONT=Myriad Pro Black,Myriad Pro Black][FONT=Myriad Pro Black,Myriad Pro Black]If materials are sold in violation of copyright and EULA, you will be subject to legal action...

[FONT=Myriad Pro Black,Myriad Pro Black][FONT=Myriad Pro Black,Myriad Pro Black]Looks like if you signed that form to purchase the self study course, you can't resell it, and they are monitoring public forums. I don't know how I feel about a cease-and-desist being delivered via PM, though.....

[FONT=Myriad Pro Black,Myriad Pro Black][FONT=Myriad Pro Black,Myriad Pro Black]Perhaps this is cause for a mod note in the classified section?..

 

[ShindyK2]

So lets take a look at some loopholes here.

1) If you did not sign the form AKA you bought it online say from Amazon, you can do whatever the hell you want with it since it is merely another "material in possession"? The wording of that statement is clever. Its as if its trying to say "signing the form" is different from "agreeing to the copyright," but another translation can lead you to one being the same, meaning unsigned = no copyrighted.

2) How is this different from merely putting it on Amazon? If you are going to take legal action take it against people selling them on Amazon. So instead of Googling the sale of the materials, you purposely came here, searched for months to find someone selling it on this forum, and PM him under the most random name with numbers included some "message" from attorney? Sounds convincing.

Just take it off and -1 to the troll for bad logic. It wont matter what legal actions they take, the sales will go on forever as long as they allow it to happen (by giving their students the study materials).

 

[Krnluve24]

Lol wow, didn't expect to get these kind of responses....

So you buy the package for around 300 and let say sell it for 100 dollars while the person who was going to buy it from you could have probably bought it from them for 300 dollars, do you think that's fair for them? HELL NO.

I would be careful and just remove it.

You never bought used text books before? Do I care about the fairness to a company who charges $300 per study guide?

From PCATPrepClass.com's Self Study Course Registration Form:



[FONT=Myriad Pro Black,Myriad Pro Black][FONT=Myriad Pro Black,Myriad Pro Black]Looks like if you signed that form to purchase the self study course, you can't resell it, and they are monitoring public forums. I don't know how I feel about a cease-and-desist being delivered via PM, though.....

[FONT=Myriad Pro Black,Myriad Pro Black][FONT=Myriad Pro Black,Myriad Pro Black]Perhaps this is cause for a mod note in the classified section?..

I bought my study guide used back in 2007 from a member on this board. So no, I didn't sign anything that prevents me from selling it.

Last time I checked, selling a used book is legal. Am I missing something here? I do not appreciate the scare tactic Dr. Collin uses and he lost all respect from me. If he really want to stop pirating, then he needs to invest in better prints and add a hard or soft cover to the guide. This way will not only to make it more presentable but also make it harder to duplicate.

Regardless, I removed the post anyway because it wasn't selling. If this douchebag hadn't pm'ed me, I almost forgot I had it listed for sale here.

 

[MShopes]

Lol wow, didn't expect to get these kind of responses....



You never bought used text books before? Do I care about the fairness to a company who charges $300 per study guide?




I bought my study guide used back in 2007 from a member on this board. So no, I didn't sign anything that prevents me from selling it.

Last time I checked, selling a used book is legal. Am I missing something here? I do not appreciate the scare tactic Dr. Collin uses and he lost all respect from me. If he really want to stop pirating, then he needs to invest in better prints and add a hard or soft cover to the guide. This way will not only to make it more presentable but also make it harder to duplicate.

Regardless, I removed the post anyway because it wasn't selling. If this douchebag hadn't pm'ed me, I almost forgot I had it listed for sale here.

Oh yea I did. But I never heard of anything wrong about it or any one going to jail for doing that. If I was contacted by the author any day with a message similar to yours, I would avoid the headache and remove the listing though.

Plus what if you are just making copies and selling them to people. These papers are loose leaf papers and can be copied over and over again.That would put you in more trouble.

Sure you don't care about them making profits, but I'm sure they won't care either if you get in trouble.

One more point, do you sign any forms when purchasing a book? No, but in this deal, you signed a form. So, good luck!

 

[Krnluve24]

Plus what if you are just making copies and selling them to people. These papers are loose leaf papers and can be copied over and over again.That would put you in more trouble.

Sure you don't care about them making profits, but I'm sure they won't care either if you get in trouble.

You keep assuming I'm one of the pirates but I'm not. I was only trying to unload my study guide because I DON'T NEED IT ANYMORE. What did you do with yours? Hung it on the wall? Sounds like you paid full price for yous and signed paper. Like I said, I bought mine used and I never signed squadouche.

I'm done arguing on the internet, it's pointless.

 

[MShopes]

You keep assuming I'm one of the pirates but I'm not. I was only trying to unload my study guide because I DON'T NEED IT ANYMORE. What did you do with yours? Hung it on the wall? Sounds like you paid full price for yous and signed paper. Like I said, I bought mine used and I never signed squadouche.

I'm done arguing on the internet, it's pointless.

Relax buddy, I never said you are on the pirates or anything. I said what IF. And no i didn't hang it in the wall, im sure there are many of my friends who would need it 🙂

 

[All4MyDaughter]

Relax buddy, I never said you are on the pirates or anything. I said what IF. And no i didn't hang it in the wall, im sure there are many of my friends who would need it 🙂

Apparently the EULA (upthread) prohibits sharing too. 🙂

 

[MShopes]

Apparently the EULA (upthread) prohibits sharing too. 🙂

prove it if you can 😀

 

[xtsukiyox]

I bought my study guide used back in 2007 from a member on this board. So no, I didn't sign anything that prevents me from selling it.

Last time I checked, selling a used book is legal. Am I missing something here? I do not appreciate the scare tactic Dr. Collin uses and he lost all respect from me. If he really want to stop pirating, then he needs to invest in better prints and add a hard or soft cover to the guide. This way will not only to make it more presentable but also make it harder to duplicate.

Regardless, I removed the post anyway because it wasn't selling. If this douchebag hadn't pm'ed me, I almost forgot I had it listed for sale here.

+1 to this post. If you didn't sign that form, I have no idea how they're claiming you can't resell your book, since you didn't purchase a license from them. Obviously, I'm not a lawyer, but it seems like the person who resold the book in the first place on Amazon is who they want to go after, not the person it was sold to.

Honestly, I'm not sure where MShopes is coming from. 😕

 

[MShopes]

+1 to this post. If you didn't sign that form, I have no idea how they're claiming you can't resell your book, since you didn't purchase a license from them. Obviously, I'm not a lawyer, but it seems like the person who resold the book in the first place on Amazon is who they want to go after, not the person it was sold to.

Honestly, I'm not sure where MShopes is coming from. 😕

The OP said his package was original so that means he signed it, no? I assumed that he signed it and that's why I said it's better to remove it to avoid the headache.

 

[xtsukiyox]

The OP said his package was original so that means he signed it, no? I assumed that he signed it and that's why I said it's better to remove it to avoid the headache.

I was talking about the whole "fairness" comment.

The EULA appears to be a new addition to their website (and it would have been my initial guess that it was new). The document properties say it was created on 1/4/2012 - of course, that could be a new edition they uploaded, not a new form entirely. If I were Doc Collins, I'd get me a new attorney, though.

 

[PharmDoner]

I think the full on prep course market is filled with greedy individuals who only want to prey upon people who are stressed out and in a state of mind to pay overpriced amounts out of the fear of doing poorly and not succeeding. From a moral standpoint, it is appalling how individuals like Collins and others conduct business and come up with their pricing. They are essentially taking advantage of people and that is simply disgusting. I think that each Pre-Health organization should begin creating non-profit sites and resources to prepare those interested in the Healthcare fields. This would strengthen the application pool and spawn only the best for each field which in the end will help us all for generations to come. It would also prevent people like Collins from exploiting people who are generally entering their field to do some good in the world. But I guess business is business.

Anyway, I guess if there is something that was signed, then they have the right to ask you to stop but if you did not sign anything then it is your property and should be able to do with it what you want. It's like... if you gave it away for free is that wrong too? By the same principle of "you might have taken money from their pocket". It's like... if I gave a homeless an apple for a penny or for free would the supermarket ask me to cease a desist because they lost profit on the apple? Also it still seems ridiculous that their idea of properly notifying you was through a PM though this site but perhaps there was no other way.

I'm sorry I got a little carried away here b/c reading about this kinda got under my skin.

Maybe when I am done with Pharmacy school I will seriously consider creating a free resource with other Pharmacy professionals to prepare them for their PCAT and such. But who knows, maybe it is a good thing to keep things this way because it also helps keep the application pools and workforce a particular size.

 

[PharmDoner]

On the other hand... if the application pool got too strong maybe someone like me couldn't make the cut! 😳

 

[xtsukiyox]

It's like... if I gave a homeless an apple for a penny or for free would the supermarket ask me to cease a desist because they lost profit on the apple?

And thus launched the Apple Party.

Due to the popularity of apples, and a common misquote as to its origins, it soon became the most popular of the three political parties, backed by such powerful lobbies as the Produce Growers of America. 😛

 

[PoopsMagee]

Couldn't agree more with Krnluve24. They're a small company, and I understand that they want to combat resale as much as possible, but after myself receiving a rather pathetic threat of legal action I'm a little disgusted to see how they're handling all of these situations.

I'm sure they realize they're bullying mostly poor students who could never afford a legal battle over something this trivial, so this behavior probably stops most sales they find, but they also seem to think they're the only ones with attorneys.

I'll be sure to post as soon as I receive any real legal threat beyond a PM on a forum. I'm more determined than ever to sell now, and I look forward to them "making an example" out of me

 

[iBeast]

Collins is overrated anyways.

 

[natorx]

Bumping old thread.

The funny thing is Dr Collins has questions nearly, or identical to the PCAT. I mean verbatim.

So if you want to talk about ethics, lets talk about how they get those questions? They just don't magically apear in her brain. I would put money, she puts people up to take the test, and then try to remember a few questions.

I would love for them to try and take someone to court, they would lose - because some of that "intellectual property" they claim is stolen to begin with.

Also her course would end up being viewed the same as a Kaplan book, or any other prep book on the market. No way they would treat it any special. Just because I write up a contract in my home computer, and make you sign it - does not mean it will hold up in court.

I suggest everyone who views this in the future through searches not to be intimidated.. They are not going to do anything. The cost to pursue all these student nationwide in losing court battles would bankrupt them. I have a problem with unethical people, that manipulate the vulnerable.

 

[Lion24]

Bumping old thread.

The funny thing is Dr Collins has questions nearly, or identical to the PCAT. I mean verbatim.

So if you want to talk about ethics, lets talk about how they get those questions? They just don't magically apear in her brain. I would put money, she puts people up to take the test, and then try to remember a few questions.

I would love for them to try and take someone to court, they would lose - because some of that "intellectual property" they claim is stolen to begin with.

Also her course would end up being viewed the same as a Kaplan book, or any other prep book on the market. No way they would treat it any special. Just because I write up a contract in my home computer, and make you sign it - does not mean it will hold up in court.

I suggest everyone who views this in the future through searches not to be intimidated.. They are not going to do anything. The cost to pursue all these student nationwide in losing court battles would bankrupt them. I have a problem with unethical people, that manipulate the vulnerable.

It's a he, I took his class. He told us he has taken the PCAT so many times that his wife threatened to divorce him lol. He's been doing this for years, pretty sure if anything we're to happen... It would've already happened.

 

[natorx]

It's a he, I took his class. He told us he has taken the PCAT so many times that his wife threatened to divorce him lol. He's been doing this for years, pretty sure if anything we're to happen... It would've already happened.

True.

Just erks me when I read stealing his "intellectual property" when he has stole and paraphrased the writers of the pcat's intellectual property.

I tend to find a lot of SDN post through google searches, and wanted to post this here in case someone stumbles on it.

 

[Ruflying74]

I took his class as well, he's actually quite a nice guy. From what I gathered through the class, originally it didn't matter all that much if past students sold the material to another student after they were done with it. What happened was someone started photocopying, and then sold copy after copy after copy on eBay. Thats when the lawyers got brought in and once that happened, they're going to go after everything.

Collins is overrated anyways.

Don't know where you're coming from, but I graduated college in 1996, haven't seen this stuff in over 18 years! I only took Collin's class and used his study guides and I scored a preliminary 99 composite yesterday. Soooo, worked for me and there's no way I would have done that well without it.

 

[iBeast]

Is that you, Dr. Collins?

 

[aggynation]

LOL^(comment above)

Bottom line:

-If you bought it straight form his site and signed the waiver then you cannot resell the study guide, and he has the right to sue your ass by law if you don't abide by the waiver (Just sell it to one of your friends that may need it).

-If you never signed the waiver then you can sell it and do whatever with it. He has nothing on you as long as you didn't sign the waiver. It would be pointless of him bringing you in court because all you would have to say is "I didn't know" and you'll be fine. Your own attorney will do the rest.

-Buying it used is legal. Again you never signed the waiver.


My friend bought it full price for around 370.00 which is hella expensive. Just buy it used from someone who bought it new, and use the rest of the money to buy the new iphone 5 with contract lol ($200.00)!

 

[anchoi]

I took his class as well, he's actually quite a nice guy. From what I gathered through the class, originally it didn't matter all that much if past students sold the material to another student after they were done with it. What happened was someone started photocopying, and then sold copy after copy after copy on eBay. Thats when the lawyers got brought in and once that happened, they're going to go after everything.



Don't know where you're coming from, but I graduated college in 1996, haven't seen this stuff in over 18 years! I only took Collin's class and used his study guides and I scored a preliminary 99 composite yesterday. Soooo, worked for me and there's no way I would have done that well without it.

Please, no advertising here

 

[GrimeWizard]

Please, no advertising here

Wheres the advertising? If youre talking about the Collins stuff then you should know that the PCAT forum is filled with love for Collins

 

[Pharmpay]

Hello everyone,

I posted a thread in the free classified section selling my Dr. Collin's Pcat Study guide not too long ago and I just received a private message from PCATMan777 telling me that what I'm doing is wrong and will take legal action....



The study guide I have is original and since I bought it, don't I have the right to sell it?

Is this guy a troll?

I have no problem removing it but seriously....is this a joke?

Any admins have a take on this?

Hey, I just got the same email from his attorney! Did they really take action! The email is pretty scary!

 

[tommyVoltage]

I am the attorney for Dr. Collins and the PCAT Prep Class, Inc. This email is official notification that we intend to pursue legal action against you for infringing on Dr. Collins' intellectual property rights. We have been tracking you and using decoy buyers and have all the evidence we need. You are going to be court ordered to make restitution to Dr. Collins as well as court costs. Be forewarned - your troubles are just beginning.

Thank you,
The PCAT Prep Class, Inc.

I got this. I didn't even sell to anyone, so I don't know what he is talking about. Some guy with 0 posts PMed me wanting to buy it over email and I said no. I emailed Dr. Collins to ask for his attorney information and he has not responded. It is illegal to say you are the attorney for someone unless you are actually an attorney. You could say you are representing yourself, but he did not say that in the PM. I heard rumors that it is just him, so I am reading into if he illegally intimidated me. I have also been reading a lot about first sale doctrine that everyone else might want to read into. I just need to clarify a few points before doing anything.

 

[Pojman]

Tell him to pound sand.

 

[pl1069]

x

 

[SonikaS]

I had the same thing happen to me. I didn't personally buy from the website nor signed any waiver, but when I posted mine to sell on ebay I got a message from the buyer who is the "attorney" for Dr. Collins stating the same as above that if I didn't remove the posting/cancel the transaction I would be in legal trouble etc.

I didn't even know this was a problem! What the heck am I supposed to do with something I don't need anymore? Ugh. I complied, canceled our transaction, now it's up to the "attorney" to respond on ebay.

Happy Sunday 😡

 

[fcollins]

I've lost all respect for him. Shame shame. Money hungry old man.

Not to mention there are numerous FAKE testimonies on this site raving about Dr collins pcat material which are so obviously fake (to the point its insulting to our intelligence) made by either himself or his employees.

PCATMan777, the "attorney" who messaged the OP, posted on another topic here,
"I used Dr Collins review class. His materials really helped me prepare for the test. You can get info at www.pcatprepclass.com."

Clearly Dr. John Collins is behind these fake testimonies, and he's preaching about ethics and the selling of copyrighted material? What a joke.

 

[radio frequency]

I used Dr. Collins and wasn't impressed. It wasn't nearly as good as the actual practice PCATs, and it was ~3 times as expensive.

No need to bother buying it and selling it when it's inferior in the first place.

 

[tinav]

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