posted on February 22, 2002 10:00:58 AM new
Dear All,
I was wondering if you any of you have encountered problems selling software on eBay.
I was selling Windows 95 and 98 when my auction was shut down. I was offering the COA, manual, Product key, and CD + "piece of hardware." Then I relisted these with the computer receipt...I am waiting to hear back from Microsoft.
Can anyone give me tips on selling this stuff without getting shut down?
How come there are other sellers that sell the exact same thing but are allowed to let their auctions run full term?
posted on February 22, 2002 10:20:14 AM new
Almost no rhyme or reason with MS. You need to have very specific stating type such as OEM and that you are supplying the computer hardware in compliance with Microsoft's requirements. If it's OEM and you don't mention it, you are toast.
If you read the other ads, you'll see how important it is to be specific and that you state you are running it in compliance with MS.
They might still shut you down, but if you go the distance to be clear about the terms and the exact item you are selling, they don't usually have a problem.
Some auctions miss MS' audits just as some speeders don't get pulled over.
posted on February 22, 2002 01:52:35 PM new
REAMOND: Filing a counter claim will help you in court, but will eBay pay any attention to that? They have their own set of rules and procedures and may not feel bound by such a legal move. I don't know the answer.
It sounds like you have some experience with copyright/trademark infringement. I have seen the counter claim used when the Scientologists try to get an ISP to remove opponents' web pages.
posted on February 22, 2002 02:44:31 PM new
The counter-claim is federal law from the DMCA.
The counter-claim was put in place so corps or others couldn't just have content jerked off the server "because they want it removed".
The counter-claim operates to hold harmless the ISP, in this case eBay, by permitting the material to remain of the server and the counter-claimant assumes all liability. Once a counter-claim is properly filed, the ISP can allow the listing. This doesn't mean that have to allow a re-list, but then the ISP may be liable to the poster/lister.
As federal law stands now, anyone filing the proper forms with eBay can request that anything be removed from eBay or any ISP. If the ISP refuses to remove the material after proper notice, they can also be held liable for damages.
What the claims and counter-claims do is relieve the ISP from liability, that is what they lobbied for. That is also why eBay, AOL, YaHOO, etc., aren't required by law to police their sites. If there is a problem with copyright, the owner of the copyright/trademark must file for removal with eBay, or eBay can not be held liable.
eBay just won a case where the owner of a movie sued eBay for bootleg copies being sold on eBay. I guess the owner notified eBay but for whatever reason didn't fill out the forms as prescribed by the DMCA. The court ruled eBay in compliance with the DMCA, and the copyright owner lost the case against eBay.
A counter-claim will not relieve the filer of liability, but it does relieve the ISP from liability. Even if you file a counter-claim, you can still be sued by the copyright/IP owner.
eBay, just as all ISPs, don't want in the p*ssing match about who owns what and who is allowed to sell what - they don't have a dog in that fight and don't want a dog in that fight. eBay also doesn't want to be in a position where anyone can start jerking thousands of listings and no process to stop them.
posted on February 22, 2002 09:35:32 PM new
I was able to sell software if I scanned the UPC barcode on the box and put it in the auction. They quit hasseling me after I did that.
