Conterfit items policy being used to delete anything not original paper version?

[daemontech]

I was just told that the ebay policy against counterfeits, also means that anything being sold as an electronic/scanned version that was originally sold/available as a print version, Ex old Sears catalogs, would violate this policy now.  Does this sound crazy to you?
It seems like the policy people are interpreting the policy to the letter (anything originally sold as paper cannot be sold as a scanned version on a "preloaded flash drive or CD/DVD" instead of the spirit (You cannot sell your Mix Tape on a flash drive).
It seems like Ebay needs to reword their policy so things are less up to interpretation or Ebay restrictions may be going off the rails.

Am I wrong in this?

[kensgiftshop]

Yes, you're wrong.

You can't copy pages of catalogs and sell them.

No, your mix tapes can't be sold either.

[femmefan1946]

Sounds reasonable to me.

If the customer is expecting to get a page from a 1949 catalog and gets a pdf or a photocopy instead they are going to be furious.

And that doesn't even get into the question of copyright which precludes copying.

[m60driver]

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@daemontech wrote:

I was just told that the ebay policy against counterfeits, also means that anything being sold as an electronic/scanned version that was originally sold/available as a print version, Ex old Sears catalogs, would violate this policy now.  Does this sound crazy to you?

Am I wrong in this?

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Does not sound crazy to me.  It has always been illegal to make reprints or scans for resale.

[lacemaker3]

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@daemontech wrote:

I was just told that the ebay policy against counterfeits, also means that anything being sold as an electronic/scanned version that was originally sold/available as a print version, Ex old Sears catalogs, would violate this policy now.  Does this sound crazy to you?
It seems like the policy people are interpreting the policy to the letter (anything originally sold as paper cannot be sold as a scanned version on a "preloaded flash drive or CD/DVD" instead of the spirit (You cannot sell your Mix Tape on a flash drive).
It seems like Ebay needs to reword their policy so things are less up to interpretation or Ebay restrictions may be going off the rails.

Am I wrong in this?

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Sorry, but I agree with the other responders. In this specific case, it's not that the "policy people" are interpreting the policy wrong, or too strictly. That what it has always meant. Because that's what Intellectual Property law says.

eBay's policies are written very carefully, to protect eBay from liability. If there is something that seems open to interpretation, it really isn't. eBay's interpretation is the only one that matters. Their policies are not open to debate, and they don't accept semantic arguments.

[mtgraves7984]

Am I wrong in this?

@daemontech 

Maybe you're overthinking it. Bootlegs aren't allowed, as always has been the rule everywhere. They're bootlegs.

[soh.maryl]

Even if it were not illegal, we always have to remember that this is eBay's site, so eBay's rules.

Think about it -- eBay could ban the listing of red sox, green dresses or yellow shoes and be within their rights.  

[daemontech]

@mtgraves7984 

Please explain how you think  say Sears Catalogs that have been scanned and sold as a collection are "Bootlegs"?
Also I reported a few very similar items and I was told that their AI did not find them in violation of policy. Yet somehow mine was?

[dirk12955]

Devil's advocate here,    Regarding copyright law and catalogs as an example..    Sears was mentioned above and made me wonder,

What about making copies of pages from an obsolete catalog.    A company that has been out of business

   for years?

I don't sell advertising so it's never occurred to me.

Selling copies of advertising out of a 1925 issue high school yearbook.

Selling copies of advertising from the El Car motor company from 1915  

  that went out of business in 1931

Selling copies of recipes from an old cookbook

How extensive are the protections for obsolete items from being 

copied and sold piece-meal.    

[nobody*s_perfect]

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@daemontech wrote:

I was just told that the ebay policy against counterfeits, also means that anything being sold as an electronic/scanned version that was originally sold/available as a print version ...  the policy people are interpreting the policy to the letter (anything originally sold as paper cannot be sold as a scanned version  ....

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This policy is related to copyright, not "counterfeit."  The whole idea of copyright protection is that the producer of the original document has exclusive legal right to copy it, or to license others to copy it. Copyright applies not only to works on paper but also to CDs, DVDs, etc. 

Copyrights do expire, so really old stuff isn't protected, that's why there are countless versions of Dickens' "Christmas Carol" story, but the rules about expiration are complicated and depend on factors such as the original production year, whether the copyright was renewed by the holder, and whether the author is still alive or what year they died.

[daemontech]

Given the people who agree with Ebay,  this would mean many thousands of items are in violation of this policy, but also means you cannot sell anything that is not the original printed version.
Which would apply to a mind blowing array of things. Also that Ebay is against the preservation and sharing of history?  If you cannot obtain an original printed version, you are out of luck.  Even the copyright office is scanning texts to preserve them and keep them available for people to access. 
Copyright exists for many things, but it has an age limit and does not apply to everything.
Do you thing a scanned version of an old manual, that is not available any longer from the company for a product you own should not be allowed?  Do you think Say old Montgomery Wards  catalogs, a company long gone, should not be available as a scanned version? Really? What does that say about the preservation and sharing of history?
If you really believe this, you would be busy reporting them and even their AI just told me several sellers selling nearly identical items were not in violation.  So indeed something is being used against specific users or items.

[mtgraves7984]

Please explain how you think  say Sears Catalogs that have been scanned and sold as a collection are "Bootlegs"?

@daemontech 

I'll go you one better. I'll let Sears explain it.

 Does Sears Holdings give permission to reproduce catalog pages or images from its catalogs, and or o...

ETA: @dirk12955 

[daemontech]

Nope, specifically said and showed, it was scanned versions.  I was even told by one policy person that I was not allowed to say PDF in my listing lest Ebay think I was selling something they had to download, which is I was told was also against policy. Even though many places sell their software this way.

[daemontech]

" It has always been illegal to make reprints or scans for resale."  Of material that is copyrighted, not of anything else. If something is in violation of copyright yes, everything else, no.
Ex: The manual for your stereo is not copyrighted.  Or do you think it is or should be?  Do you want to be told that you cannot find out how to set a feature on your older stereo because you cannot find someone selling a paper version of the manual?

[daemontech]

Yes for Sears, now show me Montgomery Wards, Lafayette Radio, Concord Radio, Heathkit, Dynaco, etc. etc..
There is no company any longer.