posted on July 30, 2002 11:25:52 AM new
I finally found out why eBay suspended me. I was suspended for "repeated listing of potentially infringing items". The word "potentially" is kind of like a Judge saying "you might be guilty so we decided to hang you just in case", but that's another story.
I had listed a total of 32 Emmy videotapes, that are all currently available on eBay from other sellers (heck, that's where I bought the ones I'm trying to sell!). All 32 listings were done on the same day. This is important when you consider the facts and eBay's reason for suspending me.
I FAXED the following to Ebay today (some stuff xxx). As Ralph would say "Here we go again".
Thank you for finally providing an answer to my question. I will now address the reason for my suspension based on the information I have. I do not have the exact dates and times that these events occurred in front of me right now, but the information is accurate. Check your records to verify these statements.
· On or around July 5th, 2002, I received an email from [email protected] advising me that my listing for Emmy VideoTape from the television series "XXXX XXXX" had been ended by a VeRO member. I was given the contact information for that member (a Mr. Dennis Wilson), and I communicated with him regarding the issue. I was advised that I was not authorized to sell these tapes. I thanked him for his advice and told him that I would not attempt to sell them again. He agreed to contact eBay and relay this promise.
(so, now I have 31 remaining listings, some already with bids ...)
· On or around July 8th, 2002, I received another email from [email protected] advising me that my listing for an Emmy Videotape from the television series "XXXXXXXXXXXX XXXX" had been ended by a different VeRO member. I was given the contact information for that member, and I communicated with him regarding the issue. A few days later I received a response from him asking me for details about the tape (there is usually 2 or 3 different auctions running on eBay for the same tape and I assume some are OK to sell and some aren't). By the time I had received his response, eBay had already suspended me. I thanked him for contacting me and advised him that it was now a moot point. EBay had apparently suspended me for appealing an auction ending! (that's the only reason I could come up with at the time)
(so, now I have 30 remaining listings, many already with bids ...)
· On or around July 9th, 2002, I received an email from (I think) [email protected], advising me that all 30 of my current listings had been ended. The reason indicated for ending these auctions was "account suspended". This email also suggested that I would be sent a separate email advising me why my account was suspended. It is that email that I have never received and that is why, since the 9th of July, I have emailed several different eBay addresses and even tried your Live Chat to find out the answer to what should have been a simple question: "Why was I suspended?"
It is important to point out that I had two listings ended for apparent VeRO violations, that I contacted both VeRO members to find out what I had done wrong, and most important, that I did not, and have not, and will not try to relist either of these items on eBay or any other auction venue.
It is also important to note, for me anyway as it shows some kind of special rules apply to certain eBay sellers, that there are currently several auctions running on eBay for Emmy Videotapes that are IDENTICAL IN ALL RESPECTS to those of mine that were ended.
"If" eBay considers 2 VeRO violations as excessive, and grounds for suspension, please confirm this. I plead quilty and will leave eBay peacefully. I will also communicate this to several auction discussion sites to educate other potential eBay users.
"If" eBay considers the 30 listings that were ended as also being VeRO violations, then I would certainly agree that this would be excessive and that I should be suspended. However, in all cases with respect to these 30 listings, the suspension email sent to me:
1. Did not include any information that they "may" be VeRO violations.
2. Did not include any information on who to contact if they were considered VeRO violations. This appears to contradict your Policy which was used in the first 2 listings ended. If, in eBay’s mind, these are VeRO violations, I would appreciate receiving similar information for EACH item about the VeRO members who ended them to allow me to contact them and discuss my options, and to prove to me that these were legitimate VeRO endings and not a knee jerk reaction by eBay or the result of a PowerSeller having a problem with a new competitor offering identical items at lower prices.
I can, right now, point you to CURRENT eBay listings with bids that offer IDENTICAL IN ALL RESPECTS items to mine, and that have not been ended by eBay and/or VeRO. I have to question why some sellers (seems to be those with high feedback and/or PowerSeller status) are allowed to continue listing and selling these items even after eBay has been notified, while a novice seller like me (with a perfect and high buyer feedback level) would be suspended for trying to do the same thing. It just makes sense that if I see professional-type sellers listing and selling these items successfully, then I have to assume it’s OK.
The real irony of this situation is that the Emmy Videos that I attempted to sell on eBay were all purchased by me from the very same eBay PowerSellers who continue to list and sell the same items every day on eBay! Why isn’t eBay or VeRO seeing these???
I have one last request. If you intend to continue this suspension, would you please confirm this as soon as possible. I took out a credit card to allow me to sell on eBay only, and if that it not going to happen, I want to cancel the card with the issuer.
Thanks again.
My Name
My Address
My City, Provice, Postal Code
My Country
My Phone Number
PS: I have various email accounts and this message may be coming from any of them. However, my registered email account with eBay is "xxxxxxxxxxx". If you respond to the "xxxxxxxxxxxx" address, I will get the message through email forwarding and it may arrive in your mailbox with a different sent from address. Please don’t sweat this guys - I am who I say I am!
posted on July 30, 2002 12:29:24 PM new
The fact that others are selling the tapes makes no difference. Only the copyright owner or agent can demand removal of the item(s) under the DMCA, which eBay facilitates trough the VERO program.
posted on July 30, 2002 12:42:13 PM new
RB,I think for the first time ebay is scared,And has to come up with numbers of people naru'ed by ebay for for all sorts of infractions.They are a bubble,and you are a lamb.More front pages like this and there will be an implosion.
http://www.msnbc.com/news/784132.asp
It will get worse,Sorry about your buisness
getting wiped out.
posted on July 30, 2002 01:14:09 PM new
REAMOND ... I think you're right and that's why I wonder how eBay could end my other 30 listings with no input from any VeRO members. Of course, it may just be that appealing a VeRO ended listing is a NARU policy. Either that or eBay considers two VeRO ended listings as "excessive".
junquemama ... thanks, but I haven't really lost any business. In fact, eBay sellers have lost my business as prior to this foray into selling, I was a buyer only. Guess I learned my lesson about trying to sell against the Big Guys (the eBay Emmy videotape PowerSellers) who never get harrassed eh
posted on July 30, 2002 01:51:51 PM newPursglove concedes the outside-eBay fraud rate may be considerably higher, “but this is a good opportunity to remind people not to work outside the system
Working "inside" the system doesn'to offer much protection either. Do you think it makes much difference if you're cheated on or off eBay? eBay cares about eBay, we're just cattle, move-em out and move-em in.
posted on July 30, 2002 02:40:04 PM new
Everybody's always pissed off with eBay, but I am really starting to see more "move 'em outs" than "move 'em ins" these days. The eBay Forums are full of sellers and buyers who are fed up and leaving, and you can tell by checking their ID pages ... no more open listings from some of eBay's most successful sellers.
It's not just the kind of nonsense they are putting me through, or the scam sellers and deadbeat buyers who are hurting their reputation. The flavour of the week now seems to be account ID "hijacking" that is costing many people huge amounts of dough. The problem is growing in leaps and bounds but eBay doesn't seem too concerned.
It's almost like they're OK with just being the best of a bad lot.
I don't think any of us want to see Meg's Little Empire fall, but if she and her band of shareholders don't soon realize that when money is tight, service is important, it could be the end.
posted on July 30, 2002 03:25:01 PM new
[i]"If" eBay considers 2 VeRO violations as excessive, and grounds for suspension, please confirm this. I plead quilty and will leave
eBay peacefully. I will also communicate this to several auction discussion sites to educate other potential eBay users. [/i]
From http://pages.ebay.com/help/community/png-endauction.html:
--
What will happen if I list or relist Prohibited, Questionable or Infringing Items on eBay? You're asking for trouble.
Not only can you get suspended from eBay, but you could be sued by a rights owner and prosecuted by criminal authorities.
Believe us, it happens and we don't want it to happen to you.
--
I realize this spoils your whole whiny victim scenario but you clearly violated the rules. One VeRO violation and they would have given you a pass. Two means you have intent to infringe.
As a copyright owner who recently and successfully shut down an infringer, I applaud eBay's efforts.
posted on July 30, 2002 03:37:23 PM new
fluffy ... it would be a violation if I knew I was listing something that is not allowed to be sold.
But, judging by the 300 or so IDENTICAL TYPE listings for these Emmy tapes that appear on eBay every single day, how is one supposed to know?
As for your applauding of eBay's efforts, see above paragraph.
I'm not complaining because my listings were ended while others are allowed for the exact same tapes, but I am wondering why it seems that the only folks who are allowed to market these things on eBay are the PowerSeller and/or huge feedback types? I mean, how come it's OK for them to list the tapes that I bought (from them) but not OK for me to relist the exact same tapes for someone else to enjoy?
Check out these listings for example ... these are IDENTICAL IN ALL RESPECTS to the items I had listed and ended (except my starting bids were considerably lower):
1552984582
1552945314
1552898832
1552769526 (I was willing to give this one away!)
[ edited by RB on Jul 30, 2002 03:39 PM ]
[ edited by RB on Jul 30, 2002 03:43 PM ]
