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Why does eBay allow counterfeit cartridge games?

https://www.ebay.com/sch/i.html?_from=R40&_nkw=pokemon+soul+silver&_sacat=0&LH_BIN=1&_sop=15

 

Most of the older Pokemon cartridge games listed on that link that are "new" and under $20 are fakes.  Example being genuine used copies of Pokemon Soul Silver usually run $40.  I have tried reporting these in the past, but they just keep popping up or never get removed...

Message 1 of 12
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Why does eBay allow counterfeit cartridge games?

From what I have read in similar posts, only the owner of the rights are allowed file for removal of the counterfeit listings.  I am not sure as to exactly how it all works but there are a variety of people here who do know...

 

@mam98031...i have a feeling you might have knowledge on this...

Message 2 of 12
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Why does eBay allow counterfeit cartridge games?

Like you over the years I've reported several "obvious scams", but I still see them on the site even today. I think it all boils down to money. I was told eBay makes money on the seller fees. It's the only thing that makes any sense to me. I think if eBay really wanted to they could put a stop to allot of those well known scams. It makes me feel like they don't care about us as buyers when their policy allows for things like that. I've been a loyal eBay buyer/seller for well over a decade. I refuse to use Amazon. I feel like they could be doing allot more here to protect us & our tech industry from scam-artists.
Message 3 of 12
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Why does eBay allow counterfeit cartridge games?

Yeah that is the only reason I buy on eBay. I want to know what I am getting. Problem with all these fraudulent games being sold on the site causes them to eventually get resold as legit ones. Makes it frustrating as a buyer when trying to find unique items.
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Why does eBay allow counterfeit cartridge games?


@hurryagain wrote:

From what I have read in similar posts, only the owner of the rights are allowed file for removal of the counterfeit listings.  I am not sure as to exactly how it all works but there are a variety of people here who do know...

 

@mam98031...i have a feeling you might have knowledge on this...


Anybody can report a listing for what they think is counterfeit or if they think the seller is breaking one rule or another.  You do not have to the the rights owner to report the listing and/or seller to Ebay.

 

However Ebay is none too fast at responding to these reports.  Last year it took me over SIX months and multiple reports to get them to stop a particular seller from some really outrageous listing violations.  I reported, I called and I posted about it on the weekly chat.  Still it was six + months before they were stopped.  And in all my years here it is the only success I've ever had reporting listings for one violation or another.

 

Ebay just doesn't have a big enough department / staff devoted to handling this issue.  So it is extremely hard to get any attention in a reasonable amount of time.

 

I remember when I was trying to get them to close a listing that Toys R Us had for a couple years or more.  It was a donation listing that broke just about every rule Ebay had on charity listings.  They had a listing for $1 for a donation to pregnant Military Wives.  This donation listing also had a $4.99 shipping fee.  Which of course was ridiculous as nothing had to be shipped.  So Toys R Us was pocketing the $4.99 and only giving the charity the $1.  I have no idea if Ebay had them close it or they did it voluntarily.  I suspect that Ebay had nothing to do with it.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

Message 5 of 12
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Why does eBay allow counterfeit cartridge games?

o_0 Why don't you try contacting the manufacturer to inform them directly about this eBay issue, then maybe they'll take the necessary legal steps to have eBay remove the counterfeit products which violate their patents. At that point eBay would have a legal obligation to do so. I don't think eBay will take any action until then. It's sad that you & others can still get to be victimized, even though none of you have the authority to stop it. If it's an older game, I have to ask myself if the patent holders would even want to go through all the effort to have them removed from eBay, especially if they're no longer manufacturing that product. I've never ordered anything directly from China, nor would I ever. I live in the US, and only purchase from verified US sellers. Let them take the risk of buying from China, not you. It may cost a little bit more, but I believe it's worth it down the road with far less refund & return hassles.

Message 6 of 12
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Why does eBay allow counterfeit cartridge games?

The same reason they allow Sellers to sell fake sterling silver. I see this all the time, and I turn the item in and nothing gets done.
Message 7 of 12
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Why does eBay allow counterfeit cartridge games?

Let the buyer beware.

Message 8 of 12
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Why does eBay allow counterfeit cartridge games?

I have checked out a few of those listings and most of them are overseas, Asian sellers. I've reported a few listings

and they are still listed. Different sets of rules for some sellers perhaps?

Message 9 of 12
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Why does eBay allow counterfeit cartridge games?

A long time ago,myself researched this and it appears very deep into law knowledge that there is some sort of law called "the back-up rom law"(do not quote me on this as it is phrased differently) it is a very detailed paragraph of laws, rom meaning read only memory,this law somehow permits certain individuals to reproduce said games as "back-ups",the way i am wording this is from vague memory on this topic from long ago,that is a sort of loop hole to reproduce the games. it is a confusing guideline that does exist and enable sellers to make use of.

Message 10 of 12
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Why does eBay allow counterfeit cartridge games?

Here's a few reasons and things I can come up with:

 

1.) There are over a billion listings, law of percentages says there is an overwhelming amount reported. Probably takes numberous reports to get in front of someone to look

2.) I hope and assume- ALL REPORTS FROM SELLERS THAT SELL SIMILAR CATEGORIES are probably ignored first, as they should be, since the competition can just 'say' something is counterfeit.

3.) Reporting something is counterfeit is something highly ignored, as you have no proof.

4.) Returns will take care of fees, so fees are not the reason they are allowed, since fees will simply be returned when the seller is refunding.

5.) Items reported under the VERO program are from the entities that have the power to have items removed.

 

Message 11 of 12
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Why does eBay allow counterfeit cartridge games?

I looked through my notes of the past and this was my google search-

"back up rom law?"

you will find a lot of info on this matter

 

Message 12 of 12
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