eBay Uses Double Standard in Enforcing Policies?

by: pace306

If you are an eBay "beloved", or  a high volume seller that someone high up likes - you can do as you please - WITH IMPUNITY.

I used to be the POSTER BOY for Vero. They and I went many rounds - threatening each other with lawsuits, lawyers letters and worse (which is why Im suprised they attacked David and Inna and NOT me)(I should have been target #1!).

They would come after me for EVERYTHING, every picture (they were my own and you could tell by the EXIF data in the jpg header whos it was), every description, they would hold funds as long as possible .. and I did nothing to deserve it - except sell brands on eBay that the makers didnt want being sold there. Too bad - its a free country.

eBay took money from all these people via the now verowatch.com and eBay went to town (they leg breakers). Funny how NOT ONE COMPANY ever sent me as much as a letter.

I bring this up because other sellers OPENLY have "replica" in their listing - its ephemera that they print themselves on color card stock ... and eBay says .... "not a problem".

Why? 'cause they do a high volume on eBay with very little buyer complaints (they dont even know that they are buying fakes).

Point being ... it depends who you are on eBay and who you know. eBays CS is purposely bad and inconsistent, and worse - eBay doesnt care.

When you are "too big to fail", you can do as you please - just look at Lehman Brothers.

Why on earth is eBay stock worth $90 a share? What value does eBay have ? You cant get your fake Pokemon cards elsewhere?

Lots of large pension funds are wrapped up in eBay. eBay does what it wants to who it wants or not ...

Yes there are double standards, yes lots of people get away (ask David & Ina ...) with murder (or an attempt thereof).

eBay IS the San Jose Mafia .....period

by: etectra

"They would come after me for EVERYTHING, every picture (they were my own and you could tell by the EXIF data in the jpg header whos it was), every description, they would hold funds as long as possible .."

I use a bulk watermarking application to strip out all personal data from images taken with my camera, insert copyright EXIF data, and watermark the images. If I download one of my images all the EXIF data has been stripped and the image ahas been compressed and its format changed to webp.

eBay employees would only be able to see the EXIF data if they somehow have a way to look at at the original imaged uploaded. I doubt if they retain the original image since the whole point of compressing it and reformatting it to webp is to save server space.

Even assuming they could look at this EXIF data its really a moot point if your image contains and copyrighted or trademarks materials.

and I did nothing to deserve it - except sell brands on eBay that the makers didnt want being sold there. Too bad - its a free country."

Yes, you are are free to resell the items. Publishing a picture of a item that contains copyrighted or trademarked is reproducing intellectual property without the owner's permission. That can include many things such brand names, catch phrases, logos, the user manual. Also many manufacturers use custom fonts which require a license to use.

"Why on earth is eBay stock worth $90 a share? "

Its always been operated as a Ponzi scheme for eBay management. Do whatever is required to keep the stock price up so management can retire as millionaires before the ship sinks. Management have no regard to the long term health to the company or buyers or sellers. Management have never had an original idea other than scamming their users again.

by: etectra

The OP should forward all information to the manufacturers of these items.

These companies can then pursue legal action against eBay.

by: pace306

Yes, you are are free to resell the items. Publishing a picture of a item that contains copyrighted or trademarked is reproducing intellectual property without the owner's permission. That can include many things such brand names, catch phrases, logos, the user manual. Also many manufacturers use custom fonts which require a license to use.

I took my own pics, I did NOT use any website or Google pics.

Those were just the excuses eBay used, but could never back up with facts.

Using an items name "Sont DCR-520 Camcorder" is %100 allowable under fair use - otherwise you could never describe the item.

Using the spec page, NOT the description page, is also fair use - as you need to describe the items function(s).

ANYWAY, now that a primer on Copyright has been exhausted, the point was - SOME people can do as they please with impunity, some can not - even when they are %100 inline with US Trademark law.

by: thanksfor patiently waiting

I had foolish problems with ebay regarding patches I made of my own cars in my own driveway and then professionally attached those patches onto hats. Ebay removed the listings and said I couldnt use the word Porsche or Ford since the hats werent made by Porsche or Ford. They said the hats were counterfeit. I could list them as red sports car or Maroon truck but couldnt say  what they were thereby insuring they would NEVER sell. Meanwhile there were over 400 ACTUAL COUNTERFEIT PORSCHE hats listed and told ebay to type in Porsche speedster hat and look at the 400 people who's listings were still up. Customer (dis)service responded to me that those were NOT violations but mine was. WOW...JUST WOW

by: Timmo

The longer you've been selling and the more you sell on eBay, the more you can get away with. I've never been a high-volume seller, but I'm a 27-year seller who has been able to get feedback removed and costs adjusted that I know they won't do for everyone. (by their own admission)