Genuine, discontinued Microsoft computer operating system disc falsely flagged as counterfeit?

[thepcwhiz]

Hello everyone,

I have been an eBay user for over eight-and-a-half years (regular seller and buyer), but never thought of posting anything in the eBay Community forums until now. The reason for this topic is because I have a question for experienced eBay sellers, about something bizarre.

Last week, I tried to list a genuine computer operating system disc released in 2000 for sale named Microsoft Windows ME Upgrade as I was able to sell two identical genuine copies in the past, but this time, I ran into a confusing problem, to the point where it happens to be a system error, according to research on "policy violation takedowns" being controlled by AI.

It was listed for sale on Monday, but then eBay took it down the next day, falsely marking it a violation of their counterfeit item policy. I then tried to submit an appeal to restore the listing for it by explaining information on it being already genuine and thus it was taken down in error, and I even attached photos of the real disc itself, including a close-up of the word "Genuine" on the holographic label of the software disc. A few days later, I received an e-mail from eBay about my appeal, but sadly, it indicated that my appeal didn't work:

"We reviewed your appeal of an action on your account. Upon further review, we’re unable to grant your appeal because the listings aren’t following our Counterfeit item policy. We removed this item to protect you and your buyers, because we believe it is likely to be counterfeit. To make this decision we consider the details you provided about your item, reports that we receive from brands or members of the community, buyer feedback or the reasons buyers returned the item. Please do not relist this item. We appreciate your understanding and compliance. Thanks for being a valued member of the eBay family.

What this means for you:

We need you to take action to avoid listing items like this again.

• Listings that didn’t follow this policy will remain removed or hidden until they can be edited to address the policy issue.
• Any restrictions or suspensions that may have been placed on your account will remain in place.  Listings will automatically be restored and show up in search results after the end of any temporary restriction.
• Please ensure that you understand our policy so that you follow it in future listings. Listings that don't follow this policy in the future may result in additional actions, which could include: restriction, suspension, hiding listings from search, ending listings, loss of seller rating, and forfeiture of fees. 

Here's a list of the items that didn't follow policy:
Item: 157123837124 Microsoft Windows ME / Millennium Edition Upgrade (CD-ROM)
Reference ID: 2-195315067102

Thanks for giving us an opportunity to resolve this issue. If you have any questions or concerns, just get in touch and we’ll be happy to help."

I ended up having to choose "End listing" on the resolve screen. It was a retail item, contrary to what was mentioned in the e-mail's text above as well as what eBay's counterfeit policy for software said about OEM and beta software, and it was not a custom item at all. Again, from what I have heard, AI bots must be making things out of control lately. I mean, I have been selling authentic Microsoft computer operating system installation discs with no problems (Windows 98, Windows XP, etc.) for years, until now.

This is clearly a false accusation! Even if it was the case, are there any ideas on how I can convince eBay it is not counterfeit before listing any more of these genuine Microsoft OS installation discs for sale? Will adding terms like "Genuine" and "Product key included" to the title and/or description of an operating system listing prevent it from happening again the next time I list an authentic OS disc for sale? I don't want to take the risk of listing the item again just because it was taken down in error until I find out the best way to work this out as it still isn't really resolved, otherwise I could face consequences like account suspensions.

Or, does this mean I should stop listing computer OS discs for sale on eBay altogether, even if they are always genuine? What are your thoughts? I have never listed and sold anything actually counterfeit at all, going by eBay's policies. Any advice would be greatly appreciated. Thanks.

[bonjourami]

"This is clearly a false accusation! Even if it was the case, are there any ideas on how I can convince eBay it is not counterfeit before listing any more of these genuine Microsoft OS installation discs for sale? Will adding terms like "Genuine" and "Product key included" to the title and/or description of an operating system listing prevent it from happening again the next time I list an authentic OS disc for sale?" 

I wouldnt list any of them again if you value your account.

[fm2000 · Accepted solution]

Do not relist any items that are pulled, even if they are clearly pulled down in error and even if a CSR says you can relist it. The odds are that their so-called "AI" will find the item again and pull it and will punish you for relisting a pulled item. The punishment given out will be fully automated and you would have a nightmare on your hands trying to contact someone at eBay and prove you did nothing wrong. Just not worth it.

One could demonstrably prove a copy is genuine (the hologram is embedded in the disc and is not a sticker that can be peeled off from the edges, the hologram actually changes depending on how you view it etc.) but their automated system won't listen to you and doesn't care. Like screaming into the void.

I have sold retail copies of Windows ME in the past without any problems, I have no idea why yours would be pulled. It is what it is I suppose.

[simba6]

That happens as they have no clue as to what your selling.  eBay will keep a copy of that listing until the end of time. So, don't ever try to relist it.  You can be banned from selling for life.

Some of those were only for sale with a new computer.  Could that be the issue?  It will say so on it if that is the case.

[ryry-jj]

As others have said, once you have been warned you are flagged...don't relist any of them

[thepcwhiz]

Thank you for your informative and helpful reply, fm2000! Yeah, I have been very good about actually following all selling policies on eBay, but I agree that it's hard to understand why eBay eventually becomes inconsistent with things as most sellers who sell computer operating systems survive this problem (by that, I mean not being falsely accused of listing counterfeit items for sale at all).

From what you're saying, it sounds like regarding my third attempt at listing Microsoft Windows ME Upgrade for sale on eBay, I will just have to let it go and keep the item as a backup for retro purposes, just to be on the safe side due to eBay's AI system having detection issues that need to be fixed. It is surprising indeed. I've had no problems with eBay listings for Upgrade versions of Windows 98 and Windows XP installation discs on my eBay profile at all (that means none of them were falsely flagged, thankfully), but with Windows ME, selling it has only been successful twice.

[fm2000]

The OP mentioned it was a retail version. If I remember right, OEM copies were much rarer than the retail releases. The retail upgrade was the most common version I came across back in the day.