Genuine authorized DVD removed by system, CS refuse to correct it

[Anonymous]

Hello everyone.

It’s a long text. To summarize: I am selling items allowed in Ebay policy, two items got removed by system instead of human. I contacted Ebay, and  Ebay says that it’s done by machine and they can’t correct this mistake manually.

Here is the full story:

I am a seller selling limited edition of Blu-ray DVD that are officially published worldwide, such as Czech, China, Hong Kong, Republic of Korea.

I recently received two emails generated by the system, saying that two of my listings were removed because they “violated copyright, are authorized copies”. 

I called customer service immediately, the representative told me to email vero@ebay.com. I emailed, stated my situation, provided everything I can find which can prove that it’s an authorized copy, including photos with ISBN, publisher’s website/facebook page, etc.

Ebay policy says "Under copyright laws, the owner of a particular, authorized copy of a copyrighted work is generally entitled to resell the particular copy they own. For example, if you buy a DVD movie, you're allowed to resell that particular DVD. However, you can't duplicate and sell, or even give away, unauthorized copies of the DVD, unless you're the copyright owner or have permission from the copyright owner to do so."

According to the Ebay policy I quoted above, I am allowed to resell this authorized copy of DVD.

Then a customer representative from ebay.com.hk replied, saying that it’s removed by system and they can’t do anything about it manually. It is apparently non-sense. Ebay system made a mistake and ebay can’t correct it even if they know it’s a mistake!

I replied, asked “why can’t you correct the mistake your AI did?”, “I was selling item allowed in ebay policy, and you can just delete it mistakenly and don’t do anything about it?” The customer representative replied, repeated that they can’t manually change it, and stated they would not reply to emails regarding this issue.

Have any of you encountered this sort of problem? It’s the first time that Ebay ever removed item since I started selling a year and a half ago. Are we ruled by machine now? What can I do about it? Thanks in advance.

[gracieallen01]

Considering that Korea, and China in particular, are well known for their bootlegs of DVDs, without knowing the titles and seeing the case and DVD, it would be very difficult, for anyone on the forums,  to offer a valid opinion.

[computeraidllc · Accepted solution]

The reason this happens is because someone put in a DMCA request. This is a legal document that eBay must follow. When this happens, eBay is required to take the item down. If they don't do this, eBay can get sued by the person or party who submitted the DMCA request. You can file a counter DMCA which you would have to contact VeRo email address to get the correct form. This is a legal document that gets sent to the person or company that filed the DMCA request. They have up to 10 business days to go into Federal Court to get an injunction to stop the item from being relisted. When you sign this legal document, you are swearing under oath you did not violate any copyright laws. This is for the United States only. It depends also where it happened. If it happened outside the US, then you have to get the correct legal paperwork in order to correct this. 

[myangelandmyprincess]

Since this is a vero take down eBay is correct they can't fix this.  The are legally obligated to remove listings reported through the vero.  Your fight is now with the rights owner.  I  What kind of dvd was it ?

[7606dennis]

If the issue involves a question concerning the authorized sale or use of copyrighted material, you will probably have to work things out with the actual owner of the copyright.  It sounds like this is a VERO take down and eBay's hands would be tied.

I noticed that you are registered as being located in China.  Since I'm not familiar with Chinese copyright law and this is apparently a matter of International Copyright issues, it is probably a matter of International treaty compliance.  How to appeal the action to the copyright owner should be in the take down message you received.

[pjcdn2005]

It doesn't matter what Chinese copyright laws are. The op lists on .com so they have to follow the rules of this site.

[Anonymous]

They were selling for $50 and $120, just like other collector’s editions I listed. No bootleg can sell that high, and some other sellers are selling them as well. The titles are “Guardians of the Galaxy Vol.2 WEET” and “Ghost in the Shell Blufans”.

[Anonymous]

Yes. Ebay finally told me that it’s reported by “3PM Solutions”. I sent emails to them, hopefully it works. They are collector’s edition of Movie. The titles are “Guardians of the Galaxy Vol.2 WEET” and “Ghost in the Shell Blufans”.

[Anonymous]

The message didn’t tell me how to appeal. The right owner’s information was included either. But after emailing eBay for multiple times, they finally told me that it’s reported by “3PM Solutions”. According to the First-Sale Doctrine, anyone has the right to resell a particular authorized copy. I have sent emails to “3PM Solutions”. Will keep this post updated.

[Anonymous]

Yes. It is an authorized copy, and according to First-Sale Doctrine and eBay policy, anyone has the right to resell a particular authorized copy, without the permission of the copyright owner.

[Anonymous]

Thanks for the information. It’s exactly the case. Ebay finally replied me with the information of who reported the listings and how to contact them. I have sent emails to the reporting party. Hopefully it doesn’t have to involve a counter-notice.

[lilycarver]

Virtually no films from China of Hollywood films are authorized or legit. Similar in Korea. If the copyright holder as appears to be the case here, files a claim with VERO ebay is going to take it down and realistically there is no appeal. I am only surprised they even noticed. The vast majority of DVDs on ebay are bootlegs the rights holder never bothers with. I would not get your  hopes up on the "reporting party" taking down their notice. I am sure you believe them to be "legit" but that does not mean they are.

[Anonymous]

You really have no idea how film authorization works. You think Marvel and other corporations would sit there and watch the bootlegs take over the market, instead of publishing their genuine authorized Blu-ray DVDs and make a profit? What you said does not make sense and is not the fact.

[escuintla]

Years ago I bought sets of exercise DVDs from a Chinese seller. So cheap that I could make a killing reselling them. But, not knowing the facts before buying them caused me a few bucks loss. The same DVDs were sold on Ebay and most of them weren't selling, that gave me the idea that something fishy about them was noticed by the buyers. They were bootlegs. 

That's why, without having any proof, your DVDs may not be legit, but I am nobody to tell you that, but the impression I have about anything China is based on what happened to me in the case I mentioned. 

Good luck to you!

[Anonymous]

Now that Chinese brand of collector’s edition Blu-ray Steelbook is wel-known among collectors. They sell for 50-150 USD for a single edition.