posted on February 5, 2001 04:20:25 PM new
Ebay just ended many auctions of MS software, including mine. I know this has been addressed here before but I never read the posts. What the h''l are they talking about?
posted on February 5, 2001 05:56:30 PM new
I feel for you. I just had auctions cancelled too (never thought it would happen to me!!).
Anyway, eBay has a VeRO system (don't ask me what it stands for). Any company (in this case, Microsoft) can become a VeRO member. Then - if Microsoft sees auctions that it *thinks* *may* be fraudulent, it contacts eBay with the auction numbers and eBay cancels them.
You'll get a warning letter from eBay. It will include the email address of the VeRO member. You're supposed to contact them and straighten it out. (Good luck) If you persuade Microsoft that you're legitimate (i.e. not simply making and selling illegal copies of their software), Microsoft should contact eBay and tell them that the auctions are ok. At that point, I don't know whether eBay simply re-starts the auction or what.
The problem is finding out what you supposedly did wrong. Ebay is no help - you have to contact Microsoft. And they have a bad reputation when it comes to this. To be fair, I can't really blame them since software makers in particular lose a lot of money through illegal forgeries.
Or it could be something as simple as you using a picture from a catalog of the item (that you bought legitimately). I know everyone does this but I understand that it's illegal and they can shut you down for it. That's what happened to me <sigh>
Best of luck. You'll need it dealing with Microsoft.
posted on February 5, 2001 10:25:17 PM new
I was also VeRo'd this weekend for using a picture out of a catalog. Brand new VeRo member -wasn't on the eBay list previously. eBay swooped down and cancelled 29 auctions with no warning. Trying to untie the mess is time, time, time. The first email address eBay sent everyone was invalid. It took two days to get the correct one.
posted on February 6, 2001 01:37:21 AM new
Sorry, this is long.
I'm no lawyer, but I'm always amazed that Ebay seems to pick and choose certain aspects of this law and completely ignore other requirements.
I believe Ebay completely ignores the counter notification aspect of this law which seems to say that the person being VEROd has the right to provide Ebay's designated agent (not the VERO member) with a counter notification if they have a good faith reason to believe the removal of their auction is a mistake or misidentification (under penalty of perjury just as the VERO member).
Upon a counter notification from the person who had the auction closed by Ebay based upon the VERO's statement, Ebay is supposed to contact the VERO member, inform them of the counter notification and replace the auction under certain conditions, (if I am understanding this info correctly). The VERO member must then notify Ebay that they are seeking a Court order to stop the auctions.
From the DMCA
"(2) EXCEPTION- Paragraph (1) shall not apply with respect to material residing at the direction of a subscriber of the service provider on a system or network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice provided under subsection (c)(1)(C), unless the service provider--
(A) takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;
(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that
person that it will replace the removed material or cease disabling access to it in 10 business days; and
(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person (has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network."
This is what DMCA says must be contained in a counter notification, should the person that had the auction shut down by a VERO member decide to go that route. (As I said, if I understand this material correctly).
"(3) CONTENTS OF COUNTER NOTIFICATION- To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
This is just my take on all this, but I think Ebay is getting away with an awful lot and dumping all their responsibility on the people who have auctions closed by VERO members.
NOT JADA ON EBAY OR ANYWHERE ELSE - She/he shouldn't be blamed for anything I say.
