How can eBay improve itself when flagging items erroneously as counterfeit items?

[sindibadcity]

I sell bootable OS software to repair Windows 10 and Windows 11 and clearly state that the software is readily available online. I provide a service by furnishing a bootable USB Flash Drive with simple instructions. Yet my items are flagged as counterfeit. How can they be counterfeit if Microsoft offers them for free to download? Does eBay know more about Microsoft's interests than Microsoft itself?

The issue began when a buyer from the UK wanted the USB flash drive. After shipping the item, she immediately requested a refund, claiming she is the daughter of ex-President Bill Clinton and the niece of Princess Diana. I'm certain they aren't related. I called eBay and asked them to review the absurd messages I was receiving from this person.

eBay blocked her from buying any more of my items, but she managed to flag my item as counterfeit. When I called eBay, they confirmed it was her and said they would take care of it. Last night, I got new orders, but this morning, I found out my items were delisted for counterfeit classification. Now what?

I called again, but the customer service representative seemed to follow a script without any logical resolution. I am unable to appeal, and it takes almost half a day to navigate the phone system to speak to someone. When I finally do, I'm routed to India or the Philippines, where employees are not given much authority to help. What a mess! Am I the only one experiencing this? If not, I would love to hear how others have maneuvered this mess or what to do to appeal. Thanks.

[bonjourami]

I know Microsoft is a bear about protecting their intellectual rights on Ebay.

[stainlessenginecovers]

If you are/were selling something 'digitally delivered'- only a select trusted few are allowed to do this because

a.) you have no proof of delivery

b.) you probably have no proof of authorization to sell Microsoft products, from Microsoft (or do you?) 

[krazzykats]

Selling copyrighted intellectual property without permission is a clear violation unless there is an agreement with the rights holder, such as Microsoft.

[krazzykats]

 The fact that Windows 10 installer/ISO file can be downloaded over the internet without paying anything then selling this would be illegal as you would be selling a free copyrighted product for profit, and you might also be reported by the person to whom you would be selling this to if found out that the Windows 10 installer/ISO file can be downloaded without any charge.

---------------------------------And-------------------------------------------------------------------

Creating a USB drive with Windows installation files, such as for Windows XP, Vista, or 7, is technically a violation of the license terms. The license terms for Windows discs explicitly prohibit lending or copying them. Nonetheless, it is common practice among technicians and computer shops to create such drives for their own use.

[sindibadcity]

I am not selling anything digitally since I mail the customer USB with instructions printed on paper.  

A.  As for proof of delivery, I purchase shipping through eBay and I have a tracking number.

B.  I do not need authorization from Microsoft since it has made it readily available on its website for free.  I am just creating the bootable drive and providing easy simple to follow steps to repair their system.  

If Microsoft is offering for free on their website, why would I need authorization to sell a service?  I'm not selling the software.

[albertabrightalberta]

If you're "calling ebay" it's unlikely that you're speaking to anyone at ebay. 

"I called eBay and asked them to review the absurd messages I was receiving from this person." 

"When I called eBay, they confirmed it was her and said they would take care of it."

"I called again, but the customer service representative seemed to follow a script without any logical resolution." 

That you claim to be "calling" ebay raises red flags and in my mind, their supposed statement of "they confirmed it was her and said they would take care of it" is something ebay does NOT do. They confirm NOTHING, stressing "privacy" and "security" of their members. 

The way the contact system works is that you go to "Help & Contact" and go through the steps to have them call you. 

In the meantime, I suggest you end those listings you currently have running because if ebay removes them, your account is likely to be toast. 

Additionally, what does this mean in one of your listings? Are you asking for control of people's computer? This sounds very dangerous for buyers! 

"To facilitate the migration, I will need access to the cPanel for both your current and new hosting accounts, as well as access to your domain registrar to transfer the DNS to the new hosting account." 

[sindibadcity]

Why would it be red flag to call eBay?  I have called them many times, they initially put you through  a questionnaire process to find out how to help.  If they feel the answer is on their website, they will send you either a text message or email to direct you to that page.  If they feel that you need direct help, they will let you know what is the wait time and you can opt to have them call you back after confirming your phone number.

Additionally, what does this mean in one of your listings? Are you asking for control of people's computer? This sounds very dangerous for buyers! 

"To facilitate the migration, I will need access to the cPanel for both your current and new hosting accounts, as well as access to your domain registrar to transfer the DNS to the new hosting account." 

  I am not accessing their computer, this is the cPanel access to set up the website (WordPress and woocommerce)  plus email accounts.  In some cases, people purchase their domains from a different registrar than from the hosting company.  I will need to point their domain name to the hosting account so as to link their domain to the hosting account for their website to load.  I never access their computer. If they know how to do that be it, if not I must do that step to make the website work.  Trust me nothing illegal there.

[sindibadcity]

I think I should call Microsoft directly and see if I can get a direct answer from them about that. Searched online and there were both answers, legal and illegal.  Will update unless somebody has already done that and have the answer, I would really appreciate that too.

[chapeau-noir]

@krazzykats  is right. The software can be downloaded for personal use, but you cannot copy and then sell it.  It's like selling bootleg music.

[albertabrightalberta · Accepted solution]

Here it is, directly from Microsoft - red boldfaced highlighting is mine -- Note that selling on ebay is commercial use! 

"Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services."

https://www.microsoft.com/en-us/legal/terms-of-use

[sindibadcity]

Ok Thank you.  I will just accept that and delist them myself.  Only way around that is to be a licensed partner to do that I guess.  It is not what I liked it to be but it is what it is and no need to break the rules. Thanks for your help.

[troyb5487]

OMG your right I have experienced this so many times when the agent is simply reading of a script , just be persistent , it took me 5 times with 5 different agent and I had to use different topics on chat so eBay would call me back ( everything is AI) I would receive the same letter in my email by 5 different agent who did not even look into the matter before one agent finally review my appeal and granted me resolution. Make sure you also get a Ticket number before you hand up. But be persistent and hopefully you will get an agent that knows what to do. Best of luck to you

[luckythewinner]

How can they be counterfeit if Microsoft offers them for free to download?

I suspect it is because Microsoft's license to download the software does not give you the right to distribute, let alone distribute it for profit.

[brightlightbookseller]

Can I just say it's refreshing to see someone admit they made a mistake and fix it?  Congratulations!  Many people never have that realization and will argue with us until they're blue in the face that they are doing something they are allowed to do no matter how clear it is that they are not.  Wishing you the best in your future endeavors!