I thank you in advance for reading this potentially long-winded post.
I found out tonight that I was suspended from eBay for selling "potentially infringing" software. I was selling my copy of Microsoft Word 2000. Then my listing was cancelled and my account was suspended.
I was reading the provisions of MS and eBay and the language states: "Once distributed with PC hardware, OEM software is not authorized for individual redistribution or use, except in connection with that hardware...."
I was selling a piece of hardware that I bought the software with..the software was never registered or opened.
I took the literal context of the language and compared it completed and active auctions that contained identical products for sale without suspended users. I do not understand why I was suspended.
item#'s
2006093584
2007595379
2007672956
2007668903
2006059994
2007330877
2003627392
2003383197
Can you be kind enough to tell me what to expect from eBay or if my listings were violative?
I have already filed an appeal and I would appreciate any input.
Thanks so much
(was) eBay user: Boarder_patrol
*
[ edited by boarderpatrol on Mar 5, 2002 01:24 AM ]
posted on March 6, 2002 10:34:06 AM new
Email [email protected] and ask for a counter notice form.
Contesting a Removal
eBay's Monahan says that most users don't contest removals because they realize they have done something wrong. Some write back because they don't understand, and eBay usually refers them to educational material on the site or to the rights owner.
A small group of users believe their items have been removed illegally and are invited to file a formal counter notice, which also must be done under penalty of perjury. Then the burden of proof shifts back to the VeRO member, who must bring legal action against the user within 14 days or see the allegedly infringing item relisted.
"Whenever we get [a counter notice filed] the first thing we do is get on the phone with both parties to see if we can help them resolve the disagreement," Monahan said. "I don't think people filing lawsuits is the way we want to do business."
Monahan says that 99.9 percent of the time, disputes are resolved over the phone. He concedes that, occasionally, mistakes happen, and an allegedly infringing item turns out to be legitimate.
"When a mistake is made, VeRO tries to recognize that, and it's not unusual for us to get on the phone to the rights owner and explain the situation," he said. "Most [VeRO member] companies are committed to doing the right thing."
Monahan also stressed that eBay's VeRO program is equally committed to Microsoft and the smaller artist or craftsperson.
"In the eyes of eBay, the little guy is on equal footing with Microsoft," he said. "Their rights are every bit as valid and we respond to them using the same procedures."
You may want to read this as well:
http://www.infoworld.com/articles/op/xml/00/04/03/000403opfoster.xml
