Unacceptable item listed for sale?

[vintagecollector69]

I was searching for an old-school video game to import when I came across this: http://www.ebay.ca/itm/PROBOTECTOR-2-PROTOTYPE-GAME-PAK-SAMPLE-graded-by-VGA-with-COA-HOLY-GRAIL-/26... The seller has put a beta/internal developmental version of a game up for sale. Why is it still up for purchase when this is against eBay policies? I reported it several days ago accordingly, too.

[recped]

Do you work for Nintendo?

[vintagecollector69]

I must work for Nintendo to point out items being sold that break the rules?

[cumos55]

eBay's policy

http://pages.ebay.ca/help/policies/encouraging.html

Encouraging infringement policy

and from that page

Policy overview

For a safer buying and selling experience on eBay, sellers can't use eBay to enable, encourage, or instruct others to infringe copyrights, trademarks, or other rights.

In the guidelines below we've provided a few examples of items that can't be listed on eBay and activities that sellers should avoid.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

What are the guidelines?

Here are just a few examples of items and activities that aren't allowed on eBay:

Not allowed

Activities such as: Offering to sell original software and encouraging the bidder or buyer to make a backup copy and resell the original Offering to sell a box for an authentic product (such as a box for a Rolex watch) and suggesting to potential buyers that they can then use it to sell a counterfeit item (see also our policy on replicas, counterfeit items, and unauthorized copiesand our prohibited accessories policy) eBooks describing how to remove copy protection in order to copy content onto CDs, DVDs, or other discs (see also our policy on recordable media and our policy on enabling duplication of copy-protected material) Instructions on how to install a modification chip (sometimes called a modchip) in a video game console (see also our policy on modchips, game enhancers, and boot discs) Links websites where buyers can download: Bootleg recordings (see also our policy on bootleg recordings) Pirated games, movies, music, photos, software, or other digital content (see also digitally delivered goods policy) Selling a CD key without the original software that came with it

Additional information

The key point appears to be

• Offering to sell original software and encouraging the bidder or buyer to make a backup copy and resell the original

  Not allowed   on eBay....

[cumos55]

This seller appears to have many unique games..... with what appears to be unique value to the video game community.

[cumos55]

If eBay does nothing... then perhaps the Original company  that developed the software should be  notified.

This could be a VERO situation.....with this listing as well as others..... for sale on eBay.....

[cumos55]

Probotector is an alternate title originally given to a number of Contra games in the European region. By itself, the title was affixed to three different games, and may refer to the European localizations of:

• Contra for the Nintendo Entertainment System
• Operation C for the Game Boy
• Contra: Hard Corps for the Mega Drive

[vintagecollector69]

I appreciate your reply, cumos55. But the actual reason isn't in that list provided by the guidelines (it says that it's just a few examples, mind you, so there are more). The problem is that it is a beta or developmental version of the game. eBay strictly prohibits these. They're versions of the game from the company that are not intended for the public to use, especially not to profit off.

[femmefan1946]

Does the rule of first purchase not obtain here?

If you buy something (or obtain it legally) then it is yours to dispose of how you wish.

For example, a very old school example, an early draft of a novel that was extensively revised before publication.  As a work in progress it would have historical and probably literary value to a scholar or collector.

Provenance would be important, of course.

[vintagecollector69]

Show me where it says in eBay's policies about the rule of first purchase. That rule doesn't apply to several things. Buying something does not always mean the item, or the trade, is legal and rightfully yours. As far as obtaining software like this legally, only the game developers and very few people in the video game industry could use them, and they certainly aren't allowed to make money off them.

[tobyshitzu]

No idea where you get that ebay won't allow it, or why there would anything wrong with selling something decades old.  Not like there is anything you can do with it other then leave it sealed in the graded case  There are a number listed and sold http://www.ebay.ca/sch/i.html?_sacat=0&_from=R40&_nkw=nintendo+prototype&LH_Complete=1&LH_Sold=1&rt=...

and really no idea why you'd care anyway

[vintagecollector69]

Age is not a valid argument; an item is not automatically exempt from any selling restriction based on its age. The use of the item is besides the point. As for where I got this rule from? I found out about this rule after one of my colleagues told me he couldn't do the same. But if that's not enough, try doing some searching: http://pages.ebay.com/help/policies/software.html

Just because there are a number of them being sold doesn't mean that it's permitted.

And I care because it's interesting how eBay has these policies out, yet they aren't enforced properly. Is there some sort of exemption system going on? Please tell me, that way more of us could make easier money by selling stuff that goes against eBay's regulations.

[recped]

And I care because it's interesting how eBay has these policies out, yet they aren't enforced properly.

Enforced "properly" doesn't include giving validity to a report from someone with no standing. You are not the owner of the copyright or trademark, if eBay pulled listings based on the say so of anyone there wouldn't be anything left on the site.

These rare Nintendo items have been sold on eBay since eBay began, if Nintendo cared they would do something about it, obviously they don't.

I'm not sure why you think you should be a copyright troll in this situation.

[rose-dee]

Well, in my view, eBay's enforcement in the area of copyright, brand piracy, etc. is very hit and miss.  They often seem to pounce where there is clearly no need, causing legitimate sellers a lot of unnecessary grief, and they also often drag their feet or do absolutely nothing when they should pounce. 

Don't expect consistency across the board from eBay on such things, but frequently the squeaky wheel gets the oil.  If you feel strongly about this issue and you are certain you're right, try telephoning eBay directly.  You may have to go through 4 or 5 people before you get someone who even grasps the issue, but you may eventually get action.

[tobyshitzu]

that isnt aimed at old stuff like this, that is aimed at current ones of upcoming releases where someone might be losing money over it

Some of these old nintendo carts have made the news over the prices here

http://www.pcmag.com/article2/0,2817,2408068,00.asp

[vintagecollector69]

"Enforced "properly" doesn't include giving validity to a report from someone with no standing. You are not the owner of the copyright or trademark, if eBay pulled listings based on the say so of anyone there wouldn't be anything left on the site."

Nowhere did I say that eBay should take action based solely on the person's report. That's the point of people reporting these issues: so that eBay can look into it. It actually doesn't make any sense because eBay put out rules and isn't even enforcing them.

"These rare Nintendo items have been sold on eBay since eBay began, if Nintendo cared they would do something about it, obviously they don't.

I'm not sure why you think you should be a copyright troll in this situation."

This is about eBay's inconsistent rules, I'm not talking about Nintendo or why they should care. And I'm so sorry that I'm bothered that eBay can't have consistency.