tomwiii
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posted on February 20, 2001 08:52:49 AM new
First time I've been screwed via auctions!
Bought 2 videos on Yahoo; rare & OOP!
I bought them to resell on eGreed!
Even designed the ads & stored them to be launched as soon as the tapes arrived!
Which they did TODAY &...
GUESS WHAT? 
THEY ARE DUPES!!!!!
AND NOT VERY GOOD ONES AT THAT!!!!!
Where do I go from here as I am really...
..SSED!!!!!!!!!!!!!!!
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dimview
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posted on February 20, 2001 08:59:57 AM new
Report piracy to the Motion Picture Association of America.
http://www.mpaa.org/anti-piracy/contact/index.htm
Keep us up-to-date on this one, please.
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sulyn1950
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posted on February 20, 2001 09:28:59 AM new
Don't count on Yahoo to help you! I had a problem with receiving an item that was nowhere near what was shown in the ad or described! I bid(what I felt was a fair price) on a 1CT diamond ring and received a 1/3CT. Needless to say that's quite a difference! The style was not even the same as shown in the ad!
I contacted the seller thinking they had made an "honest mistake" and had sent me the wrong item.
It soon got ugly with the seller accusing me of trying to pull a switch on him! I was shocked beyond words!
Yahoo's response to me was to "leave appropriate FB" and if I felt I was a "victim of fraud, I should contact the appropriate authorities". END OF THEIR HELP ON THE MATTER.
NOTE:
I was the first buyer this happended to, but not the last! He used the same accusations on the other buyer's who complained too!
Apparantly prospective buyers believe him because he is still selling and buyers are still bidding. It totally amazes me!
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ironking
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posted on February 20, 2001 09:32:15 AM new
What was the name of the movies? are they in the public dormain? If so than I dont think they can help much IMHO.
[ edited by ironking on Feb 20, 2001 09:34 AM ]
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tomwiii
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posted on February 20, 2001 09:36:41 AM new
I can't list the flicks. But they ARE NOT "public domain!"
They are art-house favorites that are out-of-print & I was delighted with the price!
As PT BARNUM said...
He did state "...no cover art..." but that does not EQUAL churning out copies in your den, DOES IT????
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canvid13
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posted on February 20, 2001 10:12:12 AM new
If it's too good to be true it usually is. As for greed....
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outoftheblue
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posted on February 20, 2001 10:59:02 AM new
Email the seller and explain the situation. Let them know they have a limited time to correct the situation or you will report them for piracy and fraud.
That should get their attention.
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tomwiii
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posted on February 20, 2001 11:53:20 AM new
Am I dumb? If you read the following in an auction, what would your take on it be?? --
"SP Mode. Cover art is not available; comes in a plain cover."
It looked to me like the BOX was missing -- no big deal!
THAT didn't say to me:
"Hey, fool, I cook these in my basement on my GO-VIDEO!"
How does everybody else here see it?
Also, should I invite the seller? And how does one do that?
Tom
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jimhhow
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posted on February 20, 2001 12:27:25 PM new
I think the "SP mode" should have told you that he was cooking them in his den. It would have made me wary and I don't even know that much about them.
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RB
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posted on February 20, 2001 01:11:22 PM new
Sorry to hear about this Tom. Too bad Yahoooo canceled you "little car" auction - the money I was willing to bid would have helped you over this problem 
Seriously though, your experience is just one in thousands that I am aware of. If your willingless to come here and complain converts just one of two of those people who think selling home made copies of movies and tv episodes is a victimless crime and a stupid law made up by some studio moguls, then it will have served a purpose.
I don't know about Yahoooo, but eBay KNOWINGLY allows this type of activity to occur on their site all the time. I have even had the MPAA contact eBay directly about illegal listings, but eBay stalls until the auction ends and they get their cut. Then they say "but we're only a venue and we can't police our site". They ignore advice from the experts.
There is not much you can do. If you report the seller, you could be charged for receiving "stolen" merchandise. It sucks, but that's the way it is.
As far as the SP term being a hint, if the movies are old, they may have been factory dubbed at EP.
In the future, and this goes for everyone, ask the seller point blank: "Are you selling an original factory released tape or a copy?" If the seller doesn't answer, don't bid.
If you see listings that even look suspicious, report them to the auction venue and the MPAA. If you know who owns the copyright, contact them also.
Jamie ... now these folks may begin to understand why a TRUE release of "Lord of the Rings" goes for $75.00
PS - you may still try to sell these on eBay. Make sure you include the words "bad bootleg copies" in your description. That way the next buyer can't claim fraud, and, the eBay CyberDrones will never catch ya
[ edited by RB on Feb 20, 2001 01:39 PM ]
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kasmoon
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posted on February 20, 2001 04:15:12 PM new
My take on "SP Mode. Cover art is not available; comes in a plain cover." without a doubt means illegal copy to me. I think your only choice is to try asking the seller for a refund.
Yahoo has an insurance program (with a $25 deductible per item.) BUT if you didn't use ask seller a ? to verify whether they were copies I doubt they'd let you claim the item you received was diff than described. It sounds like what you got was a tape in SP with no cover art just like the ad said.
http://auctions.yahoo.com/phtml/auc/us/ins/protectionpromo.html
(per Yahoo insurance) "Fraud is defined as:
1. Paying for an item that is not received; or
2. Receiving an item that is materially different than what is described."
If the seller has current ads of homemade tapes you should report him to Yahoo for TOS violations. They should close the ads which would hopefully save other buyers from getting taken like you did.
As far a the MPAA use that link Dimview posted and report the seller.
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tomwiii
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posted on February 20, 2001 04:23:28 PM new
Nah! I sometimes advertise videos as follows:
"THIS USED VHS VIDEOTAPE ("EP" MODE) IS IN EXCELLENT CONDITION; HOWEVER, NO BOX IS AVAILABLE"
These are regular plain ole cheapo store-bought videos & nobody has EVER interpeted my ad to mean copy!
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RB
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posted on February 20, 2001 04:52:07 PM new
kasmoon ... why do you think Yahoooo would help here? If this illegal tape was pointed out to them before it closed, they would have done nothing to stop it's sale. I know this from experience with Yahooooo.
The MPAA will probably not get too excited about this unless they can prove that the seller does this (illegal copying) on a regular basis. It doesn't hurt to try though.
What I would do is contact the owner of the copyright (listed in the end credits) and notify them that you have received an illegal copy of one of their movies, and include the name and address of the seller. cc your email to the seller to "keep him in the loop".
tom ... some people don't know a copy from an original, and others don't care if they get a copy ... as long as it is watchable and they got a good deal. To save yourself any hassles, you might want to include the words "factory original" somehere in your description.
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kasmoon
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posted on February 20, 2001 05:16:14 PM new
RB
It's not that I actually think they would take action. It's more of an assumption based on all the sellers here lately stating they've had ads deleted for various TOS. Yahoo's made a show recently of enforcing rules, that's the only reason I think he should try now.
They did go so far as to update TOS 1/10 (to justify their rights to cancel paid ads IMO) specifying under items not allowable to list
"Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties. Examples may include, but are not limited to:
unauthorized copies of software, music, video games, movies, photos or other media
bootleg recordings of concerts, movies, or other performances"
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tomwiii
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posted on February 21, 2001 10:38:44 AM new
Well, I just sent the following email to the seller & we'll see what happens:
Dear XXXX:
I received the 2 videos yesterday. Thank you for QUICK shipping. However,
the videos are unacceptable.
I buy XXX-oriented videos & DVDs NOT for viewing (although I do to insure
quality), but for resale on EbAy with, sometimes, quite stunning success.
Your auction ads did not even HINT that these videos were home-made
unauthorized copies. You stated "SP Mode" -- well so do I when I sell
videos; but I don't sell COPIES! You stated that "no cover art - plain
wrapper" -- this to me just indicates NO BOX, & that is not a problem.
Please review Yahoo Auctions Term of Use & you'll discover that selling
these items is clearly a violation. Also, you have put me in the
uncomfortable position of "receiving stolen intellectual property," which is
intolerable.
Please advise as to how you would like to handle the return of these two
items.
Thank you very much!
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paloma91
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posted on February 21, 2001 10:59:19 AM new
Please keep us informed on what happens with this!
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RB
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posted on February 21, 2001 11:20:09 AM new
Good wook Tom --- keep us informed on the outcome. I'm delighted to see others becoming a little more pro-active in this area. The auction sites don't seem to care, but some of us do ....
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tomwiii
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posted on February 22, 2001 05:51:15 AM new
To give credit where some credit is due:
Woke up this am with a complete REFUND in my PayPal account & an email from the seller stating such -- although he didn't mention return of the tapes!
So now I feel much better!
Should I return the tapes? Even though he didn't mention it & didn't pay for it?
Or just let the whole mess die?
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jimhhow
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posted on February 22, 2001 07:33:41 AM new
Tom,
You mentioned a COMPLETE REFUND. So I am assuming that the seller reimbursed the S&H you paid when you purchased the tapes.
I believe I would return the tapes as a courtesy, and I would be certain to leave positive feedback indicating that the seller did co-operate even though you were disappointed in the product. Maybe not excellent, but at least good. This is only my opinion though, others may feel differently.
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RB
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posted on February 22, 2001 08:31:09 AM new
Works for me Jim. Sometimes when you catch a scoundrel and let him know that you have caught him, it's best to let him off the hook gently. As long as tom gets his full refund, nothing is lost, and by staying MUM on the feedback, he might just save himself some aggravation down the road.
For this one, I would not leave any feedback at all ... good or bad.
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paloma91
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posted on February 22, 2001 08:59:53 AM new
if he didnt ask for the tapes, dont send 'em. toss 'em. Dont waste your $$$$ or time. Move on to the next exciting experience!
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tomwiii
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posted on February 22, 2001 09:44:27 AM new
He did refund the complete total, including shipping. He just responded that he doesn't want the tapes back!
Think I'll reserve FB until he leaves it -- to be on the safe side!
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quickdraw29
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posted on February 22, 2001 11:04:41 AM new
The seller was dropping hints and you didn't catch them. It's a pretty gray area but since the videos appear to be dupes, tell the seller you want a refund or you'll report him to the authorities for reproducing videos without permission.
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