whitemist
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posted on August 7, 2001 04:38:07 PM new
I listed an item, which is a system on how to play a game; lets just call it a widget.
It was cancelled due to a VeRO complaint
I sent ebay an email telling them the VeRO complainer was wrong, and I relisted the Widget.
The VeRO complainer complained again, auction was cancelled and I was suspended.
I contacted the VeRO complainer and they said I had to go thru ebay. ( I know I did not believe the response either )
Emailed ebay many times finally got a form to fill out which swears me under penalty of perjury that the Item is NOT an infringement of there copyright.
Faxed it to ebay. Ebay says the VeRO member has 14 days to sue me and if they don't sue me I can list the Item.
3 weeks later they say I can relist the Item and I should send them the Item number when I list it so they can enter it in my record.
So now, I think everything will be ok.
well, I was wrong
I send them the item number and ask them if I should send them the item number each and every time I list the widget OR if they would simply make a note in my file so that this would not be needed.
I get back an email stating that I can only list it one time !!!!!!!!!!!!!
And that the form I swore to is only for that one specific auction, and that it does not matter that all the widgets are IDENTICAL, I will have to let the VeRO owner cause these auctions to be ended ( what happens if i get suspended AGAIN ? )
then go thru the WHOLE thing all over each and every time I want to sell the widget !!!!!!!!!!!
The VeRO program is completely out of control.
Anyone have any Idea how I can proceed, would it help if I copyrighted my widget?
Anyone have a phone number of a person at Ebay who would actually help me?
I just cannot believe they would make me go thru this every time I want to list it 
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dman3
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posted on August 7, 2001 04:45:26 PM new
If you Made the widget as you call it then it is yours.
Give you widget a name and become a member of vero yourself...
http://www.Dman-N-Company.com
Email [email protected]
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toollady
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posted on August 7, 2001 07:11:52 PM new
Anyone have any Idea how I can proceed, would it help if I copyrighted my widget?
List it somewhere other than ebay. 
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REAMOND
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posted on August 7, 2001 09:09:49 PM new
If you know a lawyer you can usually get them to send a letter for $25 or $30 on their letterhead and threaten a lawsuit against the VERO member.
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sadie999
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posted on August 8, 2001 02:07:21 AM new
"List it somewhere other than ebay."
I agree. Try BidBay. I hear they're getting a lot of press since eBay's been flexing it's corporate muscle at them.
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mark090
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posted on August 8, 2001 07:59:48 AM new
What the VERO program needs is a Class-Action civil lawsuit. It could be worth millions to the lawyer with guts willing to step up to the plate. Auctions are arbitrarily ended by members on a single word search with no further investigation. That is restraint of trade. That is a violation of your constitutional 5th amendment rights(innocent until proven guilty). The onus is on the member to prove you guilty, not you prove yourself innocent.
Worth millions in the lawsuit.
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fonthill
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posted on August 8, 2001 08:06:47 AM new
mark:
As I was told in a similar situation, your assessment is incorrect. In cases of copyright you are guilty until proven innocent.... Don't ask me why, it was explained to me at the time by a lawyer....
I don't remember the reasoning, but it seemed to make sense at the time from the viewpoint of that twisted version of justice, known as law...
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fonthill
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posted on August 8, 2001 08:08:24 AM new
I remember what part of it was, that only in the case of criminal law are you innocent until proven guilt....otherwise its the other way around.
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ultimato
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posted on August 8, 2001 08:10:58 AM new
I agree completely with Mark090. The VeRO program is completely out of control and the seller has almost no chance of challenging a VeRO member's decision to pull your auction, whether or not it is a legit item. They don't even need a reason and Ebay makes the seller jump through hoops of fire to undo the damage. I've been warned that I'm close to suspension because I had a few CDs pulled that were totally legit. I actually got a call from someone in Ebay's VeRO department but he could not give me a straight answer when I asked him how a seller is supposed to KNOW when an item might or might not be considered legit by the VeRO member. Ebay is taking money out of our pockets yet instead of defending the sellers and putting the onus on the VeRO member they are letting these outside corporate interests run the show. It's nerve-wracking to even put up an auction because you never know if you're risking suspension or not.
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quickdraw29
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posted on August 8, 2001 10:00:11 AM new
Try writing the FTC and Attorney General's Office. If they receive enough complaints they may take action against ebay.
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REAMOND
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posted on August 8, 2001 02:57:29 PM new
You can also file a counter claim that the sale/item is legitimate.
The VERO claimant has around 14 days to respond in court to the counter claim, if they don't go to court, you get to relist your item.
The way VERO works seems to be supported by the DMCA. However, eBay SHOULD provide the counter claim with the cancellation notice. Many sellers are unaware of their rights and the process to dispute the VERO claim.
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