My item has been take down... but not those from other sellers?

[the.real.phoenix]

Hi,

First sorry for my bad English, I'm not a natural English speaker/writer.

I was selling a reproduction of a Super Nintendo videogame. A reproduction is a translation, a modified or a beta/alpha state of an unrealase game put into a real cartridge. It allows you to play it on a real console.

In my case, it was a total conversion of Zelda named "Parallels Worlds": some fans made a conversion of the original game and made a total whole new game. The game is free and you can play on an emulator.

Puting game into a cartridge is not rocket science, but still requires some equipement, electronic parts, experiments and time. Sometimes the game requires a special chip, but most of time, it doesn't.

There's some online shops who offer for about 40/50$ for a reproduction which doesn't require special chip.

I was not selling the game itself but the time and the parts needed to make it.

The email I got said "please be informed that there were factors in your listing which indicate that you are selling an unauthorized copy of this game" but there's nothing such an "authorized" copy.

This is not a conterfect of an existing product, since the initial cartridge wasn't released or even doesn't exist in the first place. There is no original cartridge of the Legend of Zelda: Parallel Worlds.

Those are made by fans for fans in order to enjoy sometimes hidden jewels on the original hardware.

My item was taken down for copyright issue and I was selling an unauthorized copy.

Let's say I'm wrong.

Then I still don't understand. There's plenty of Parallels Worlds on Ebay:

http://www.ebay.ca/itm/301332966421?ssPageName=STRK:MESINDXX:IT&_trksid=p3984.m1436.l2649

http://www.ebay.ca/itm/271612063490?ssPageName=STRK:MESINDXX:IT&_trksid=p3984.m1436.l2649

http://www.ebay.ca/itm/251673321472?ssPageName=STRK:MESINDXX:IT&_trksid=p3984.m1436.l2649

http://www.ebay.ca/itm/221581819009?ssPageName=STRK:MESINDXX:IT&_trksid=p3984.m1436.l2649

The only difference with those is mine was sold for 50$ + shipping.

I would say I was reported by an other seller because I was breaking the overrated price (because NO, that doesn't worth more than 50$), and eBay remove my items, but I have no proof of that.

Can I have an answer from EBay (I mean a real one, not a copy/paste from the questions/answers section) why mine have been taked down within 24h and some of those are still up since MONTH?

Can EBay explain to me what I did wrong on my listing or what is an authorized version of an non-official unlicenced game, or what are the "factors" eBay are talking about in the email?

Regards,

[amethyst1415]

Well, copy one of their ads and price and see if your item is deleted again.

[femmefan1946]

The email I got said "please be informed that there were factors in your listing which indicate that you are selling an unauthorized copy of this game" but there's nothing such an "authorized" copy.

I think there is a parallel here with fanfiction.

Most fanfiction is written (and occasionally filmed) for the pleasure of the writer and her friends. No money changes hands.

BUT

If a fanfiction writer tries to sell her work, which uses the intellectual property of the originators of the characters and their reality, then the originators can, and will, come down on them like a ton of bricks.

It doesn't matter that there is no authorized copy. Your item was still copying the character Zelda,which is copyright, and her universe, which is copyright.

You got caught.

Don't do it again.

Come a day there won't be room for naughty men like us to slip about at all. This job goes south, there well may not be another. So here is us, on the raggedy edge. Don't push me, and I won't push you. Dong le ma?-- Captain Mal Reynolds

[mr.elmwood]

Do not play the "everyone else is doing it". You do not know that. You found a few listings that were. Curiously, all but one were from Europe. Like Pierre says, there are 800 million listings out there. eBay cannot police them all at the same time.

How about the thousands that they have taken down? Have you counted and included those? No, because you can't see those, or the suspended sellers.

I would not relist, they are watching you now.

[rose-dee]

Interesting you should mention Europe.  One of my biggest annoyances is seeing my European (mostly UK) competitors borrowing and stealing copyright images from all over the place to help sell their wares - Downtown Abbey actors are a favourite.  I doubt they'd get away with it on eBay.com or .ca. 

To the OP: just because you've found a few other sellers doing the same thing doesn't mean it's permitted, and doesn't mean that they won't be taken down at some point too.  EBay either just hasn't found them yet, or (as mentioned above), European sites may be more lax -- or have fewer resources to deal with the problem.  

Copyright and branding issues are non-negotiable where eBay is concerned once someone reports a violation. Usually that "someone" will be the copyright owner or a VeRO registrant.  What you're doing is analogous to using copyright or trademarked Harry Potter images, for example, to sell T-shirts that you've made yourself.  If you don't have a licence from the rights holder to use those well-known and recognized images, etc., then it's a violation.  And Mr. E. is right -- eBay will be monitoring you now. 

There is no point trying to justify the violation.  EBay (and/or the copyright owner) won't care.  You simply need to stop listing such items or you'll soon find yourself downgraded and restricted as a seller or summarily ejected off eBay.