Copyright Violation - Unauthorized Item

[idealspro]

Hello.,

I would like to learn about Copyright Violation - Unauthorized Item. Because I have the copyright of some products as follows:

Intuit TURBOTAX HOME AND BUSINESS 2017 FEDERAL AND STATE

Adobe Photoshop CS6 and more.

How can I sell it legally on eBay or Amazon?

Please tell me how to pay back my inventory?

Thank you!

[thallidguy]

What exactly does the notice you received say?

I'm going to hazard a guess that you are not an authorized reseller of Turbotax software.

[thallidguy]

BTW, it looks like Adobe also prefers to sell through its network of authorized resellers. So I don't think they will allow you sell Photoshop — even if they are real copies and not bootlegged.

[orangehound]

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@idealspro wrote:

Hello.,

I would like to learn about Copyright Violation - Unauthorized Item. Because I have the copyright of some products as follows:

Intuit TURBOTAX HOME AND BUSINESS 2017 FEDERAL AND STATE

How can I sell it legally on eBay or Amazon?

Thank you!

---

The TurboTax license does not permit it to be resold ... which is kind of obvious, given the nature of the software.

Also, not to seem judgmental, but selling software from Vietnam is going to raise suspicion.

[orangehound · Accepted solution]

I also have just realized that you are selling product keys, and not tangible software.  To sell ANYTHING as a digital/downloadable item, it must follow the policies of eBay ... to begin, it has to be listed as a pre-paid Classified Ad.  Here are the policies you must follow:

http://pages.ebay.com/help/policies/downloadable.html

Hope that helps.

[thatsallfolks]

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@idealspro wrote:

Hello.,

I would like to learn about Copyright Violation - Unauthorized Item. Because I have the copyright of some products as follows:

Intuit TURBOTAX HOME AND BUSINESS 2017 FEDERAL AND STATE

Adobe Photoshop CS6 and more.

How can I sell it legally on eBay or Amazon?

Please tell me how to pay back my inventory?

Thank you!

---

No, you don’t have the copyright. You may have a LICENSE, which may or may not be transferable. 

[chrysylys]

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@idealspro wrote:

Because I have the copyright of some products as follows:

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[penguins_dont_fly]

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@idealspro wrote:

Hello.,

I would like to learn about Copyright Violation - Unauthorized Item. Because I have the copyright of some products as follows:

Intuit TURBOTAX HOME AND BUSINESS 2017 FEDERAL AND STATE

Adobe Photoshop CS6 and more.

How can I sell it legally on eBay or Amazon?

Please tell me how to pay back my inventory?

Thank you!

---

You do not have the copyright on those items.

Intuit (TurboTax) and Adobe (Photoshop) own the copyrights on those items.

Adobe is quite serious about their copyrights and licenses, and is a very active VeRO member and 

Selling "Product Keys" (if you are not an authorized reseller of that product) is promoting pirated software and is not allowed here (or on any other ecommerce site).

Almost all software these days grant a single licensed use, you don't actually purchase the software, you purchase a license to use the software.

For example ...

Intuit's User Agreements for all of their software says:

The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Intuit reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Intuit’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Intuit for the Software.

You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

Provide access to or give the Software or any part of the Software to any third party;

Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell the Software;

Transfer your license to the Software to any other party;

[thallidguy]

Hmm. I have to believe you're selling bootleg copies of the Werner Herzog Master Class. As far as I know, Master Class makes its courses available online only.

[campesinoplastic2014]

I wonder if Ebay may have actually gotten this one right for a change

[penguins_dont_fly]

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@thallidguy wrote:

Hmm. I have to believe you're selling bootleg copies of the Werner Herzog Master Class. As far as I know, Master Class makes its courses available online only.

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Ayup 🙂 You are correct 🙂

https://www.masterclass.com/terms

3.5 Commercial Use:Unless otherwise expressly authorized herein or by MasterClass in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks:You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MasterClass, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content

[thallidguy]

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@campesinoplastic2014 wrote:

I wonder if Ebay may have actually gotten this one right for a change

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Well, it sounds like the OP was about a VeRO takedown, in which case Intuit left them little choice. Further violations remain to be discovered by someone other than us.

[thallidguy]

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@idealspro wrote:

Hello.,


How can I sell it legally on eBay or Amazon?

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And by the way: If you try to sell your bootleg stuff on Amazon, they will stick a knife in your belly so fast you won't even see it coming. They're even more sensitive about that kind of thing than eBay.

[idealspro]

i have some a LICENSE

[thallidguy]

Has Adobe authorized you to resell their software? If the answer is no, then you shouldn't be surprised if you get another Unauthorized Item takedown from eBay. and they may restrict your account or suspend it all together.

Master Class distributes their courses exclusively through their website, so the fact that you are selling a Master Class package outside of their website is highly suspicious. Do you have permission from them to sell their packages outside of their website? if the answer is no, you are selling bootleg copies — which is illegal in the United States, and also a Copyright Violation takedown in the making.