posted on November 15, 2000 11:45:20 PM
Ok, I was just surfing through ebay and found a seller whose auctions peaked my curiosity.
One of his auctions he started at 1¢, stating it is a blank CD-RW with case and he'll put anything you want on the cd. (Music, etc.). He makes it clear he is ONLY selling the blank cd & case but as a "bonus" he'll put whatever you want on that cd for free. He's got 4 bids on this.
Another one of his auctions states he is selling a CD-RW and case. But the CD has MP3 files on it of several songs of a very famous band. The band is also mentioned in his title. He states in the auction that he is ONLY selling the cd & case, it just "happens" to have these 88 songs on it. And he names all the songs that just "happen" to be on this file. He also says he'll erase the cd if the customer just wants the blank cd.
So, what do you make of this? Is it legal? Kinda sneaky? Or what?
posted on November 16, 2000 03:29:02 AM
Blatant violation of copyright, like the sellers whose hard drive "just happens" to come loaded with several thousand dollars worth of software ... and no master copies.
posted on November 16, 2000 08:25:08 AM
I think the guy is brilliant and found an excellent loop hole. Sounds nice and legal to me, technically. I wish I had a CD burner.
posted on November 16, 2000 10:29:50 AM
He's in violation of the Software policy, even if he is trying to skirt it by implying that he is not selling the music, etc., but rather than blank cd-r:
posted on November 18, 2000 04:36:18 PM
Ok, I've been watching this guy's auctions and he just listed another auction like this. In this new auction he is selling a "blank" cd-r and will burn any 10 songs you want on the cd. Then, in his auction he states something like "here are some keywords" and he types in a bunch of words that associate that auction. So now not only is he violating copyright laws, he's keyword spamming! He also says if you don't want to bid, to email him and you can work out a deal with him!
I am not one to report someone else but this is just SO wrong!
posted on November 18, 2000 04:42:23 PM
It's Sneaky very sneaky like selling old blank cassette tapes that just happen to have had stuff recorded on them.
I think the one where they offer to record what ever you would like is not only has copywrite problems but it is a chose auction which make it against Ebay rules just that by its self forget copywrite trouble. http://www.Dman-N-Company.com
posted on November 18, 2000 06:12:22 PM
Yeah, but remember, eBay will only bust a seller for a violation of the copyright law if the copyright owner turns the seller in. Otherwise, they claim, it's too hard to verify who owns the copyright. (Yes, I admit I finally tested this out by "netcopping" on someone who I knew was regularly selling a bootlegged CD-R. Don't worry though, 'cause since I am not the copyright owner, eBay simply sent me this long e-mail about why they weren't going to do anything to the seller. )
So, I doubt very much that eBay cares that this guy is violating the CD-R policy. Just another case of Empty, Toothless, Unenforced eBay Policies.
________
I never had one, and I didn't want one, and I don't, so now I do...
posted on November 18, 2000 07:10:45 PM
Outside of the whole copyright issue, isn't it against ebay rules to auciton items with a "bonus"? I could have sworn I read that one somewhere.
posted on November 18, 2000 07:23:13 PM
I would not take a chance with buying this...Would hate to find out the "bonus" is a Trojan Virus....
******************** Gosh Shosh!
posted on November 18, 2000 07:35:39 PM
Last month I noticed some people auctioning Yankees hats with a minimum bid of $1000.00, or more. They got bids too. Well, probably because they included two "free" World Series tickets.
posted on November 18, 2000 08:32:57 PM
Well, I wrote to ebay about this asking them if this was legal and tolerated by ebay. I will be shocked if they tell me it is ok. Will keep you all posted!
posted on November 18, 2000 08:42:28 PM"He also says if you don't want to bid, to email him and you can work out a deal with him!"
If you want Safeharbor to take quick and decisive action, report this aspect of the auction. Fee avoidance. One of the few rules that you can count on eBay to consistently enforce.
[ edited by triplesnack on Nov 18, 2000 08:44 PM ]
posted on November 18, 2000 08:51:50 PM
Wow, this must be a record! Ebay wrote back already! Here is what they said:
*******************************************
Thank you for writing!
We have reviewed the auctions you have brought to our attention and
taken appropriate action. We have ended the still active auction and
have warned the member on the other two already ended auctions.
We appreciate your vigilance in helping us to keep inappropriate
auctions off eBay.
As always, if you have a question or problem, please contact us and we
will gladly assist you. If you would like to report a questionable item
please visit:
http://pages.ebay.com/help/basics/select-RS.html
Thanks for using eBay!
Regards,
Alfred
eBay Community Watch Team
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