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pirated disk - ebay

I bought (what I thought) an excellent priced Audio book on ebay. It turns out that it was a copy and must have been downloaded by the seller - but it works.

I paid by paypal, do I have right to get a refund?

the seller has about 1700 feedback, with only 1 negative that said "illegal copies" they have one of those award things that says respected trusted seller :confused: :rotfl:

I sent them a message I wasnt happy, and what will they do - but they didnt reply

what do I do?
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Comments

  • *manda*
    *manda* Posts: 1,301 Forumite
    On the dispute resolution centre in paypal there is a category for pirated/fake materials so may be worth a look at that?
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    Open an dispute in paypal you will have 10 days to prove its fake. (you will need a letter from a manufacturer or supplier) If they rule in your favour you will get refunded and be told to destroy the item
  • hothothot_3
    hothothot_3 Posts: 4,646 Forumite
    cyberbob wrote: »
    Open an dispute in paypal you will have 10 days to prove its fake. (you will need a letter from a manufacturer or supplier) If they rule in your favour you will get refunded and be told to destroy the item

    plz help im at this stage, how exactly do I prove its fake? Do I send the disk to the real manufacturer? I dont even know where or who they are?
  • anon_ymous
    anon_ymous Posts: 2,009 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    send it to trading standdards.Its possible that this software was free legally like audacity and sold it to you.nothing illegal with that
  • hothothot wrote: »
    plz help im at this stage, how exactly do I prove its fake? Do I send the disk to the real manufacturer? I dont even know where or who they are?

    That is the problem - its very difficult.

    I couldnt and lost the Paypal claim. If it happened again i would just open an item not as described and wouldnt mention the piracy bit - that is to get your money back.
  • hothothot_3
    hothothot_3 Posts: 4,646 Forumite
    That is the problem - its very difficult.

    I couldnt and lost the Paypal claim. If it happened again i would just open an item not as described and wouldnt mention the piracy bit - that is to get your money back.

    so when it says not as described, what should I say in the comment box? thx for the good tip. btw
  • anon_ymous
    anon_ymous Posts: 2,009 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 7 January 2010 at 8:20PM
    What is this audio software called? If its free to download, its not pirated, but they have burned the thing on to a disk for you-and then you can open it. If it is something that costs, get trading standards on your side. Dont open a PayPal claim just yet as they only give you a certain amount of time for you to prove that the item is a fake

    Oh and if you do make a PayPal claim, you can say its "not working" simples. You will have to send the product back using a recorded delivery service(cheapest at £1.05-2nd class recorded) And I bet thats probably either a half or a third of the price. If the seller co-operates, you should have simply said it didnt work and they would have refunded in full if they were good sellers. If not, then you have a case with PayPal
  • anon_ymous
    anon_ymous Posts: 2,009 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If the item is indeed freely available, I wouldnt bother with PP(as you'll have to send it back recorded, probably quite a large percentage of the price as well) and I wouldnt bother with TS as well, as you would simply be wasting their time if you bought something freely available-the seller would not be doing something illegal. Of course, I suppose with PP, you would recover some money back
  • Don’t forget that people can purchase the rights to reproduce and sell this sort of thing very cheaply.
    What he is doing may be legal.

    Does the disk have any brand name, company name, patent number ect on?
  • anon_ymous
    anon_ymous Posts: 2,009 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If it is something that costs at other places, contact the manufacturer as it may well be that they legally sold it to you
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