Reporting infractions

[karensvariety]

I am trying to find out as much information as I can about reporting infractions to ebay. Someone has decided I'm "it" and I find myself defending myself against report after report. I am waiting to hear from Safe Harbour. Apparently you can't phone them or email on line. If someone reports something, are the emails to the seller automatic or does someone actually take a look at the listing? Does anyone check if the same person reports over and over again (ie. the competion or someone annoyed with receiving NPB's). Since these emails say you will be suspended if it continues, how do you know if these "strikes" against you have been removed? Any suggestions or information would be appreciated.

[shoplineca]

If you could be a little more specific. I know that it is difficult to discuss in a forum what the specific infractions are but it may be easier for some of us to assist if the nature of the accusations being made werent so general.

I have seen similar things with US Power Sellers raised on the US Board and there was a considerable amount of assistance offered to curtail the onslaught of unwarranted reports that a couple of Sellers were receiving.

Also you are asking if emails sent to you are automotic or does a human being actually read your listings. There are multiple answers, each conflicting.

Sometimes one eBay employee will rule in favour of the complaintant and sometimes another eBay employee will rule in favour of the complanee. It is totally subjective and does not have to make any sense.

There are times that a complaint is filed and an automated warning sent to the Seller without anyone looking at the listing in question.

Alot of times it depends on the type of complaint and infraction of the eBay rules that determines the severity at which eBay will address it and resolve it.

Malcolm

[karensvariety]

The latest is for copyright infringement. I am selling copies of a 1909 crochet book. This is certainly in public domain. It was removed and I have been told not to relist it or anything like it. This will destroy a good portion of my business, both present and future. I am at a loss to know what to do about it. I don't know if something is wrong with the wording of the ad or if I am supposed to prove it is in public domain or what.

[whoscloset]

I think you will probably have to prove that it is in public domain.

[shoplineca]

whoscloset is right. You will have to prove to eBay that it is NOT copyright protected before they will remove the ban and prevent you from relisting.

It can never be assumed that something is in public domain. That crochet book, while originally copyrighted in 1909 may have had recent renewals of its copyright by the publisher or owner of the copyright in order to protect it and their interest in the profits from its sale and distribution.

Malcolm

[karensvariety]

That is easy to do as anything before 1923 is in public domain, period. My problem is getting them to talk to me. I will wait another day or so, I guess, but to me it is an urgent situation. I still would like to know if someone can continue to report me over and over again. I never had a problem with ebay of any kind until the last month after I opened my store at the suggestion of the outreach contact person. If necessary, I will have to close my store (although it is fabulous and I love it), but maybe it makes me a sitting duck.

[karensvariety]

The whole situation is ridiculous when you give it some thought. Anybody can make an accusation without anything to back it up. It's like being accused of selling stolen goods when you can't provide sales receipts for garage sale items. It would ruin someone's business outright. Does the person making the report not have to submit a legitimate reason or documentation to support an accusation?

[sunward-hobbies]

Why is anything before 1923 in the public domain?

cite, please

Angelo

[imagi.nation]

http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm

[imagi.nation]

Karensvariety:

Something doesn't add up here -- if you've been reported for a copyright infringement it should have been under eBay's VeRO program and when that happens eBay discloses the complainant and tells you that you need to contact them if you have any questions. If this is the case then you should contact the entity who asked eBay to remove the listing and point out that the material is in the public domain and hopefully get them to write eBay to withdraw the VeRO complaint.

You should know, however, that VeRO takedowns are unfairly stacked against sellers. Due to the DMCA in the U.S., web hosts like eBay are compelled to remove any reported infringements or lose the ability to defend against future copyright infringement lawsuits. So eBay just deletes listings and lets the parties fight it out amongst themselves. If the party who requested the takedown doesn't respond to you, very little short of legal action will make it possible for you to list the item on eBay again.

[shoplineca]

Is it possible that the ruling was pertaining to Canadian Copyright Law and not US?

In that case, the general rule is the life of the author or creator plus 50 years.

So if that book was written by a 20 year old in 1909 and the author lived until 80 years of age (1969) the copyright would be in place until 2019.

Malcolm

[imagi.nation]

Yes, it would depend on where the book was originally published.

[auctiondropnship]

Take a look at www.tabberone.com they maybe able to help you


Email him and ask

[sunward-hobbies]

Thanks for the cite.

You are listing cd-r's of printed material.

You should be placing a disclaimer right at the beginnning of the description saying the material is not copyright. This would should prevent ebay from pulling the listings.

The problem you face is someone will start copying your cd-r's and offer them for sale.

Either way, you may a face a losing battle.

Angelo

[karensvariety]

I had to leave the computer due to homework panic. Under U.S. law, http://www.copyright.gov/circs/circ15t.html, a U.S. publication published before 1923 falls into public. A quick search of "copyright 1923" will bring you to every law university, etc. including the government site. My pattern book was published in Boston in 1909, clearly stated on the cover.

All I received was an auto email from ebay stating my ad had been pulled for possiblw copyright infringement. I have no idea who the complainant is. That is my point. I am guilty until I can prove my innocence. The complainant obviously just took a shot in the dark. I have written ebay but never get anything other than an autoresponder. I tried again yesterday and will post again if I can get in touch with ebay. Proving my case is easy, contacting ebay seems impossible. Even my "seller outreach contact" doesn't seem to want to talk to me right now.

[sunward-hobbies]

there is a similiar post on the us power seller board on someone who has the same problem but with farmall booklets. ( tractor manual )

You may have a tough time on this. You don't own the copyright material, so you shouldn't even be selling cd-r's according to ebay's rule.

You only hope is to place the disclaimer at the front of the listing.

Just be careful not to get too many warnings.

Angelo

[karensvariety]

I own the book. Is that what you mean by the copyright material?

[imagi.nation]

Ahh, it all becomes clear now. The problem is that the title is offered on a CD-R. A few years ago eBay was having so many problems with copyright infringements taking place with sellers offering burned CDs that they adopted the scorched-earth policy of allowing NO sales of items burned on CDs unless you were the original creator of the material. Here is the policy:

http://pages.ebay.com/help/policies/unauthorized-copies.html

Here is the text that pertains to this particular situation:

"CD-Rs containing scanned pages from a book, magazine, manual or other copyrighted written materials that were not written by you"

The key here is that although the material is in the public domain, it was not written by you.

I remember when eBay first adopted this policy that even some musicians that burned their own music to CDs were getting their listings pulled. That's how aggressively (and sloppily) eBay was enforcing this policy.

So, sorry, but this is one battle you are unlikely to win.

Ernie.

[shoplineca]

ALl I have to add is that this is a great Forum for Cdn Power Sellers with problems to come to for assistance from their peers.

Cheers to All!!!

Malcolm

[karensvariety]

So does that mean that if I sell patterns out of the book as photocopies or whatever, it is OK, it is only because they are on CD?