MY list was pulled due to a VeRO Policy

[mrplaque]

The pulled my listing of  Cards against Humanity and 1st expansion.  Here's what it said:

You ever have this happen to you?  What did I do - it's not a fake.

We had to remove your listing because it didn’t follow our VeRO Unauthorized Item Policy. Unauthorized copies or counterfeits are illegal and not allowed on eBay

What activity didn't follow the policy

Activity on your account didn’t follow our policy. More specific details are provided below.

What you need to do next

Items removed for this policy cannot be relisted. Please ensure that your future listings are for authentic items only. For these items, they should be described accurately and completely, so buyers know that it is an authentic item.

What is the policy

- Your listing was reported by Cards Against Humanity, LLC for offering a counterfeit item.  eBay’s Verified Rights Owner (VeRO) program offers intellectual property rights owner(s) a way to report listings that they believe infringe on their rights  
- Counterfeits are illegal, and not allowed on eBay 
- If you believe a mistake has been made, you will need to contact the rights owner directly. If the rights owner approves your appeal, please have them contact us directly to reinstate your listing(s)

This listing is for counterfeit product. There are printing discrepancies visible that identify the product as counterfeit.

 

How this affects your account

Because you may not have been aware of this policy, we're sending this notice to educate you about it and ask that you follow this policy in the future.

- Listings that didn't follow this policy have been ended. 

• We have credited all associated fees except for payments processing fees and the final value fee for your listing(s).

 
 
Listings that don't follow this policy in the future will be ended. In addition, there will be a temporary 3-day restriction placed on your account, and your other listings will be hidden from search during this period.  All fees paid or payable for listings that are ended and/or hidden from search will not be refunded or otherwise credited to your account.

Why we have this policy

This policy helps to ensure that eBay users trust our marketplace, and comply with the law.

More information and help

https://www.ebay.com/help/policies/listing-policies/selling-policies/intellectual-property-vero-prog...

Listings not following policy

133506887720 - CARD AGAINST HUMANITY - BASE GAME & FIRST EXPANSION - SHRINK WRAPPED!!!!!

[wesk_36]

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@mrplaque wrote:

Very weird - I'm confident it's not a fake and there are 100s of identical listings.  What would trigger this?

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Anyone who reported the listing, including a competitor with too much time on their hands.

[dhbookds]

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@wesk_36 wrote:

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@mrplaque wrote:

Very weird - I'm confident it's not a fake and there are 100s of identical listings.  What would trigger this?

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Anyone who reported the listing, including a competitor with too much time on their hands.

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Nope, from what I understand only the verified (registered w Ebay) owner can request a takedown........miscellaneous complaints from other sellers do not constitute a reason for action.........

[wesk_36]

I missed this;

"Your listing was reported by Cards Against Humanity, LLC for offering a counterfeit item.  "

[dr.kenzo.tenma]

The first sale doctrine is pretty clear. As a result, I would argue that eBay should require VERO companies to present good faith evidence that a particular listing violates some particular provision of law, rather than forcing sellers to suffer all the burdens.

[donsdetour]

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@dr.kenzo.tenma wrote:

The first sale doctrine is pretty clear. As a result, I would argue that eBay should require VERO companies to present good faith evidence that a particular listing violates some particular provision of law, rather than forcing sellers to suffer all the burdens.

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They do have to, they just have to prove they are the right holder.

eBay has been sued by rights owners before and the VERO program was a way to stop such..

[soh.maryl]

Who is Nick?

[corvettestainless]

1st Doctrine does not cover fakes. Ebay, like any other 'facilitating company' allowing 'resellers/sellers' to 'advertise' on THEIR site, has either an obligation to have a system to keep themselves from being sued in court for 'listing' fake or unauthorized items, or plan on being in court many many times. The system here is VeRO and once a Copyright holder has proven they have the rights to something, all they have to do is 'report' it and ebay is obligated to take it down. No questions asked. 

[simba6]

Lets face it. There is a mountain of collectable items people have grown tired of. If they resell it it lowers the value of the new stuff the company it selling.  So, they throw their weight around and get it pulled.  Unless you have countless money and time to spend in the civil courts, your going to have to find another place to sell it.

[drz81]

I had the same thing happen to me this morning, except it wasn't even about having a fake/counterfeit product - they just plain don't want their product being resold. 

"Your listing was reported by Cards Against Humanity, LLC for using their copyrighted images without their permission."

The listing had pictures of the box, but no pictures of the individual cards. Technically, yes, their box is in the pictures and they have a copyright on that, but, so what.

I'm not sure if this is a good business strategy for them. Trampling on small-time people who are trying to legally resell a product is a pretty big reputational risk.