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Ebay Listing Violation Help PLEASE URGENT?

Discuss anything to do with property law - buying, selling property

Ebay Listing Violation Help PLEASE URGENT?

Postby shaddoc98 » Wed Apr 06, 2011 9:13 pm

Hello yahooers,

I am a kind of a first time seller still learning.

I am trying to sell my OEM microsoft office product on ebay

And i followed all the rules on selling the product by accompanying them with a computer hardware

http://pages.ebay.com.au/help/policies/oem.html

As it says in here. But my listing got cancelled why is that, Can anyone help!

This is what they sent me by email and it didn't answer nothing!! on what i did wrong


The ebay message:

Hello buying_B,

Thank you for your recent Fixed Price listing on eBay. Unfortunately, we removed the following item(s):

220426575194 - Microsoft Office 2003 Professional Factory Sealed


because BSA (Business Software Alliance) (AS) reported it to us for violating their intellectual property rights. When eBay is notified by a rights owner of an intellectual property rights infringement, eBay must remove the item in order to meet certain legal requirements.

The following information may help explain the reason your listing(s) was removed:

Copyright infringement is unlawful and against eBay's policies. Copyright is the protection provided by law to the authors of creative works, such as movies, music, software, photographs and books, both published and unpublished. Copyright owners possess the exclusive right to reproduce the copyrighted work, to distribute copies of the copyrighted work, and to perform or display the copyrighted work publicly.

eBay prohibits the listing of unauthorised copies of copyrighted works. Unauthorised copies include (but are not limited to) backup, pirated, duplicated, or bootlegged copies.

Guideline: If the product you are selling is a copy of another work that you aren't authorised to copy, don't list the item. eBay prohibits the sale of software if this violates the manufacturer's copyright license. Some common types of software with license agreement restrictions include:

- Academic software
Software sold at discounted prices to students, faculty members, and educational institutions.

- Beta software
Early copies of software that are distributed by software developers for evaluation and troubleshooting purposes.

- Original Equipment Manufacturer (OEM) software
Software that is included with the purchase of new equipment.

You may need to obtain the manufacturer's consent to sell this software.
shaddoc98
 
Posts: 15
Joined: Fri Apr 01, 2011 6:23 pm
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Ebay Listing Violation Help PLEASE URGENT?

Postby cadby » Wed Apr 06, 2011 9:17 pm

Hello yahooers,

I am a kind of a first time seller still learning.

I am trying to sell my OEM microsoft office product on ebay

And i followed all the rules on selling the product by accompanying them with a computer hardware

http://pages.ebay.com.au/help/policies/oem.html

As it says in here. But my listing got cancelled why is that, Can anyone help!

This is what they sent me by email and it didn't answer nothing!! on what i did wrong


The ebay message:

Hello buying_B,

Thank you for your recent Fixed Price listing on eBay. Unfortunately, we removed the following item(s):

220426575194 - Microsoft Office 2003 Professional Factory Sealed


because BSA (Business Software Alliance) (AS) reported it to us for violating their intellectual property rights. When eBay is notified by a rights owner of an intellectual property rights infringement, eBay must remove the item in order to meet certain legal requirements.

The following information may help explain the reason your listing(s) was removed:

Copyright infringement is unlawful and against eBay's policies. Copyright is the protection provided by law to the authors of creative works, such as movies, music, software, photographs and books, both published and unpublished. Copyright owners possess the exclusive right to reproduce the copyrighted work, to distribute copies of the copyrighted work, and to perform or display the copyrighted work publicly.

eBay prohibits the listing of unauthorised copies of copyrighted works. Unauthorised copies include (but are not limited to) backup, pirated, duplicated, or bootlegged copies.

Guideline: If the product you are selling is a copy of another work that you aren't authorised to copy, don't list the item. eBay prohibits the sale of software if this violates the manufacturer's copyright license. Some common types of software with license agreement restrictions include:

- Academic software
Software sold at discounted prices to students, faculty members, and educational institutions.

- Beta software
Early copies of software that are distributed by software developers for evaluation and troubleshooting purposes.

- Original Equipment Manufacturer (OEM) software
Software that is included with the purchase of new equipment.

You may need to obtain the manufacturer's consent to sell this software.
the last line off their email is why it was cancelled
cadby
 
Posts: 8
Joined: Sat Apr 02, 2011 8:23 am
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Ebay Listing Violation Help PLEASE URGENT?

Postby jamilah38 » Wed Apr 06, 2011 9:21 pm

I highly recommend that you contact EBay customer support at the bottom of the page you quoted above. I am sure that it will be a better way of finding out why they removed your listing than asking random Yahoo users.

From what I see above, though, it seems as though your software has a separate item number which does not include hardware.
jamilah38
 
Posts: 16
Joined: Fri Apr 01, 2011 5:58 am
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Ebay Listing Violation Help PLEASE URGENT?

Postby donough » Wed Apr 06, 2011 9:24 pm

OEM software is supplied with the condition that it is only sold as part of a hardware package. It cannot be sold separately.

Although we all think we are buying software, in most cases - and definitely with Microsoft - you are actually only buying a license to use the software on one machine. You do not own the software, so you can't sell it.
donough
 
Posts: 10
Joined: Fri Apr 01, 2011 2:10 am
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