posted on January 7, 2002 07:11:36 PM new
GRRRRRRRRRRRR
Just had my first auctions killed by the VERO program and I'm steamed. They (Microsoft) all buy said I was selling fake software. Dang full versions that I paid good money for and all because their manuals are so useless that I threw them away long ago, I cannot sell the software and the license to another developer.
So now I'm stuck with these things.
I'm a big Microsoft supporter, but this is ludicrous.
posted on January 7, 2002 07:32:32 PM new
have no idea what you are talking about??
how many do you have?are they bot for resale?if so,why throw away the manuals long time ago??
posted on January 7, 2002 07:50:14 PM new
If you're a bona fide purchaser and you have a right to re-sell, just file a counter claim. MS then has 10 days or so to file a claim in court IN YOUR JURISDICTION. If they don't file, you get to re-list.
posted on January 7, 2002 08:00:53 PM new
REAMOND, thanks for the insight. Will give it a shot.
stopwhining, I am a programmer. This version is two versions old of this software. I used this version for a couple of years and did not need the manuals. Kpet them awhile then tossed them. Didn't know I needed them to resell the product (a new MS rule).
posted on January 7, 2002 08:14:43 PM new
MS can't add rules as the game is played.
If the license is not OEM and the user agreement doesen't address re-sale or manuals, then you should have first right of re-sale.
If everyone would file counter claims, these VERO sh*ts would have to file suits all over the country and make their case. It would stop the all BS with VERO.
posted on January 7, 2002 10:31:38 PM new
Checked and the email ebay sent says nothing about counter claims. It simply gives me an MS address to write to so they can approve my sale of the items.
posted on January 7, 2002 10:47:50 PM new
Below is a copy of the Counter-Notice as supplied by eBay.
COUNTER-NOTICE REGARDING
ENDED AUCTION*
I. Penalty of Perjury Statement. I CERTIFY UNDER SWORN PENALTY OF
PERJURY that I am sending this notification on the basis of my good faith belief that the
auctions referred to below do not involve infringing materials or uses and have been
identified by a Verified Intellectual Property Owner, its agent, or law enforcement as
infringing by mistake or due to misidentification: (List Auction Items Below)
II. Consent to Federal Jurisdiction. I consent to the jurisdiction of the Federal District Court for the address provided below, or if such address is outside the United States, I consent to jurisdiction of the Federal District Court, County of Santa Clara, California.
III. Consent for Service of Process. I agree to accept service of process from the Verified
Intellectual Property Owner, its agent, or lawenforcement.
IV .Contact Information. I certify that the following contact information is accurate and
valid. I acknowledge that eBay will compare the contact information provided herein
with my eBay contact information, and false or fraudulent information may result in
suspension of my eBay account.
V. I understand that my knowing misrepresentation herein that material was removed
by mistake or misidentification may make me liable under federal law for damages,
including costs and attorneys' fees. See 17 U.S.C. section 512.
VI. I understand that if the reporting party disagrees with the Counter-Notice it may file
a legal action against me to prevent the re-listing of the ended auctions.
VII. Acknowledgement. I acknowledge that this notice is filed under penalty of perjury .
I may be contacted at:
Name
Street Address
City and State
Zip
E-mail
Telephone
Fax
Date
Signature
UNDER SWORN PENALTY OF PERJURY
Send to: eBay Inc., Attn: Legal Counter-Notice, 2145 Hamilton Ave., San Jose, CA 95125.
Attach to this notice any relevant correspondence, including emails, with eBay or the intellectual property owner.
* This Counter-Notice complies substantially with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. section 512.
posted on January 7, 2002 10:56:04 PM new
There is a reason that eBay may not be supplying or mentioning these counter-notices anymore. I don't think they are obligated to by law, and why get in between a fight with you and Microsoft.
If word got out that all you had to do was file a counter-notice, it could grind the VERO program to a halt. There is no way suits could be filed all over the nation for every claimed VERO violation.
But that is what needs to be done. If you or anyone else have been wrongly accused, file a counter-notice.
These over zealous companies and individuals that are filing frivilous and unresearched claims need to be swamped with counter-notices. Then they have to fish or cut bait which means filing a law suit.
It simply gives me an MS address to write to so they can approve my sale of the items.