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Thread: Infringement on Intellectual Property

  1. #1

    Default Infringement on Intellectual Property

    I'm sure someone has run into "infringement on intellectual property" and can clarify it for me. I had sold on Ebay since 1999 then found eBid four years ago selling items I've had stored and no longer used or needed. Then inherited a house full of stuff - Mother loved to shop. New had a problem with any of my listings until about a week ago when a listing was removed because of infringement on intellectual property. I've read the information presented here on the subject but, unfortunately, do not completely understand. I was in the process of revising my listings and adding more, but have stopped until I understand the problem. A couple of years ago, sellers were told to include brand names and UPC or identity numbers so listings will show in searches such as Google. Yet, I would think if that information is omitted it would be almost impossible to identify any infringement as well as the items being less likely to show up in internet searches. I'm not certain what I did wrong in my effort to empty a house. I've already done donations, give-aways, consignment, garage sales and felt eBid was ideal way to sell because of the reasonable fees and the re-listing process but I certainly don't want to invite legal problems. I would appreciate any information on the subject of infringement on intellectual property. Thanks.

  2. #2
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    Default Re: Infringement on Intellectual Property

    Probably someone complained that you used one of their pics.

    That's an infringement of intellectual property.

    Or something similar like using "their" words by pinching a whole description.

  3. #3

    Default Re: Infringement on Intellectual Property

    Thank you for your explanation. That sounds pretty simple and very strange as I take every photo, crop it and size it. Have never used anyone else's photo and as far as description........it takes a lot of my time to write each one, but I do that too. Thanks again. I couldn't believe the listing was removed without notice - now I can dig through my photos to relist and rewrite. I appreciate you help.

  4. #4
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    Default Re: Infringement on Intellectual Property

    It might be that you listed something like Dr Dre stuff, who don't allow resale of their items, apparently There may be others like that.

    You could ask support for more information, so it doesn't just happen again. If it's something done in error, and you can fix it.....ie, it's not Dr Dre, but you maybe said it is LIKE dr Dre........then perhaps support will reinstate it so you can make corrections. They have done that before....
    Ta-Ta for now!

    HerMajesty



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  5. #5

    Default Re: Infringement on Intellectual Property

    Same detail as I put to you 4 days ago on another thread...

    What was the item?

    It won't have anything to do with item UPC information, that is only an identifier of the item. If the item in question cannot be sold due to infringement on intellectual property then it can't be sold, UPC or no UPC.

    If you can tell us what the item is then it may make it clearer.

  6. #6

    Default Re: Infringement on Intellectual Property

    Thanks for the info. I emailed support the day it happened (about 3 days ago) and they never responded so I thought - correctly - that I could get more information here. Thanks again.

  7. #7
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    Default Re: Infringement on Intellectual Property

    Quote Originally Posted by greatlakestate View Post
    Thanks for the info. I emailed support the day it happened (about 3 days ago) and they never responded.
    Let me know the ticket ID you were given when you contacted support. I will check what happened.

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  8. #8

    Default Re: Infringement on Intellectual Property

    123649394 #

  9. #9
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    Default Re: Infringement on Intellectual Property

    The infringement on intellectual property can happen on auction sites if you have used all or part of someone else's item description and/or have used their photo's without written permission (email does not count, has to be proper written request and consent via snail mail). For example, I cannot use Hasbro's stock photo's of items unless I gain written permission directly from them to do so, but I refuse to use such stock photo's and prefer to take my own pictures of items which are then automatically protected by national and international copyright laws and no one selling the same item can use my photo's without gaining written permission beforehand for which I will never grant permission anyway. At the same time, no one can use part or all of my item description without written permission to do so.

    When it comes to selling music second hand, some labels are trying to crack down on that because they get a minimum of 60% share of singles and albums which they do not get from the second hand market where as the performer will only get like 3p per single sold and a bit more per album sold while the writers, producers and record company take the biggest percentages which leaves very little for the performing artist when they lack the talent to write their own material which is often the case these days with the Satan Cowell world of mannequin miming groups. I left the music industry 10 years ago and copyright laws have changed significantly since then with regards to the sale and re-sale of singles and albums, and copyright laws have been introduced for downloading single releases and single tracks, entire singles (what would be classed as like a 3 track CD single back in the 1990's) and albums etc. Labels can often distribute music directly to stores like HMV but quite often they are distributed via third parties which all are connected to royalty collection agencies to monitor sales and income from sales.
    “Doing business without proper advertising is like winking at a girl in the dark. You know what you are doing but nobody else does and the girl doesn't even know you're winking at her either."

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