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third party says i am not allowed to sell MY item???

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  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    http://pages.ebay.co.uk/help/policies/questions/vero-ended-item.html

    Interesting snippets from the above:

    'Unfortunately, eBay cannot require rights owners to provide you with the exact reason for the removal of your listing.'

    'We do encourage you to contact them where you feel your item was removed incorrectly. Where the Rights Owner has an About Me Page we would encourage you to read this first as this may answer some of the questions you have.'

    'Do you understand the rights owner’s claim, understand eBay’s policies, and still believe that the rights owner made a mistake in reporting your listing? If so, please contact us.'

    Here's the offending VERO:

    http://cgi3.ebay.co.uk/ws/eBayISAPI.dll?ViewUserPage&userid=ryebypost
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • soolin
    soolin Posts: 74,152 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    if you bought it and didnt produce it or copy it then i dont see the problem. They cant stop you selling something you bought legit, it is like saying once you own it you cant sell it ever again.

    Actually when you buy something you do not have the right to resell it, so yes, they can stop you selling something that you own. Tesco were involved in court cases a few years ago when they started selling football shirts and other branded goods and the holding companies for those brands objected.

    A while ago some film cell 'rights' were held by a shopping channel, but I don't remember which ones.

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • movieman
    movieman Posts: 383 Forumite
    There I was thinking that if you bought a film cell, it WAS one of a kind.

    The only way to do that would be to sell off the original negatives: then they wouldn't be able to make more prints after the duplicates wore out (though these days they may be producing the duplicate negatives from a digital copy of the film in any case).

    Again, I don't know how the business works, but I'd be surprised if the 'Lord of the Rings' people were selling off the negatives of a movie that made billions of dollars for a few pounds each... at a fiver a time I make that about a million pounds worth per movie, a tiny fraction of what they spent to shoot them.
  • soolin wrote:
    Actually when you buy something you do not have the right to resell it, so yes, they can stop you selling something that you own. Tesco were involved in court cases a few years ago when they started selling football shirts and other branded goods and the holding companies for those brands objected.

    A while ago some film cell 'rights' were held by a shopping channel, but I don't remember which ones.

    Soo
    Although you may be correct i cant help but think there is a diffrence between buying things in bulk with the intention of selling them at an undercut price which is the dispute i believe they were having with tesco(please correct me if i am wrong) and buying and owning something and then deciding you dont want it anymore and selling it on. I think the problem is probably proving the authenticity of this item and the possibility of it being a reproduced item and not the original
    "The darkness has no answers"
  • sunflower

    I myself used to sell them on eBay but this company 'Rye By Post' had me suspended as they VEROed about 5 auctions I had running at the same time. I tried contacting them but they never responded. Had to jump through the eBay hoops to get back on but since then havent relisted them just incase.

    With regard to VERO you can VERO any user you like. The form is avaliable on eBay just print it and and fax it off to them and the user will have there auction removed. eBay will be very unhelpful with regard to VERO as well. I have noticed that in recent time eBay have updated their policies to include 35mm film cells / trailer etc. Search in help and you should find it I dont have the link to hand

    bubba
  • hazeyj
    hazeyj Posts: 391 Forumite
    Sounds like you are infringing their rights in some way. I have taken a lookon the patent office website and could only come up with this.

    There is no official copyright register because copyright is automatic. There are certain steps you can take to protect your rights, but you do not have to register anywhere.

    I would ring them until they get sick of hearing your voice or carry on listing until they have to return your calls. If they dont get in contact with you after you had your acutions removed then they wouldnt have a cat in hells chance of taking any action against you.
    I love this site :beer:
  • hazeyj
    hazeyj Posts: 391 Forumite
    Lifted from the Po website

    For TV productions and films, copyright may exist on a number of its components, for example, the original screenplay, the music score and so on. If you produced the TV show or film then you would normally obtain the rights to, or gain permission to use, the works required to make the production.
    I love this site :beer:
  • tomstickland
    tomstickland Posts: 19,538 Forumite
    10,000 Posts Combo Breaker
    I had similar happen to a bootleg CD I was selling - notification that it infringed copyright ( I bought it on Ebay in the first place, never available in a shop etc). You just need to be more creative in your listing to allow people to read between the lines.
    Happy chappy
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