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Legitimate listing of discontinued software closed by eBay
Summary: The discussion concerns a situation in which a listing for the sale of discontinued software was removed by eBay. hypernull expresses concern about the legitimacy of the listing. marioelegio responds, trying to clarify eBay’s rules regarding the sale of used software, but the problem remains unresolved as the participants try to navigate the site’s policies.
Good morning, I've been on eBay since 2002, I created a listing in which I was selling used software item no.: 127261605300, it was closed for entirely illegitimate reasons and unrelated to my situation:
copy of what was written to me:
"""
Our priority is to make sure that eBay remains a safe and enjoyable place to do business, and in some cases this may involve removing certain listings from the site.
Please note that before deciding whether to remove a listing or not, we take into account a whole series of factors such as the seller's item description, the Feedback profile, sales history, recent selling activity, and listings removed in the past (if any).
I recommend that you do not relist this item, as the factors that led us to remove it this time may still be valid in the future. Every seller must make sure to list items only if they are certain of their authenticity and are able to prove it.
I would like to inform you that eBay only allows the sale of authentic items, and items whose authenticity it is able to verify.
These rules protect sellers from potential reports, buyers from purchasing unauthorized items, and help legitimate rights holders protect their intellectual property rights. I would like to specify that for most items from registered famous brands, eBay has in its possession a set of information, provided by those same companies, through which it verifies their authenticity.
By comparing this information and after a thorough review of your listing, we were not able to confirm the authenticity of your item and that is why it was removed.
"""
all my attempts to explain that the product was legitimate, genuine, and original were to no avail, aside from calling eBay, which I have already done, what can I do to sell an original product allowed by the European Union under the regulations on used/discontinued software, where the sale of the software is subject to European Regulation C.E. C-128/2011 judgment of 3 July 2012 (case C-128/11) based on what was established by the European Court of Justice with the decision of 12 October 2016, C-166/15 “Gradi”; 3 July 2012 C-128-11, “usedSoft”; by the German Federal Court of Justice with the decision of 19 March 2015, I ZR 4/14, “GreenIT”, and by the Munich Court of Appeal with decision of 22 September 2016, case no. 29 U 3449/15.
I am a private seller.
marioelegio
Mentore1 year agoThis is exactly the problem.
Ebay cannot check the originality and sales rights of all software, especially software delivered without physical media.
So the sale of these products is reserved only for professional sellers who have been verified and pre-authorized.
Ebay's rules obviously do not mean that you cannot sell it, only that you cannot post listings and sell it on ebay.
hi
mario
hypernull
OP1 year agoGood morning,
sorry for the spelling mistakes but writing on a smartphone keyboard is not exactly convenient!
There are private sellers on eBay who sell MLK software (software without installation support) but with the physical card (which is regularly shipped) on which the product key and its cardboard sleeve are printed; I think it is very serious to accuse someone of selling counterfeit software (because that is what they did) when the software sold is original, genuine, in the same condition as it was originally supplied by Microsoft!
I don't feel like (I'm not having it) being passed off as a seller of counterfeit goods, especially because this ends up in their DB! and who knows for what uses this history is kept! Selling discontinued software, even personal software, in the EU is allowed by current laws on green IT and used software! In my opinion, eBay is dead wrong, I just have to find a way to assert my view in a way that isn't too financially burdensome; we're talking about a handful of euros' worth of product, 15 to be exact. Whether to take a case to the magistrate's court, I don't know if that would be worth it for me... these giants always do whatever they want, however they want! They don't look at the damage and accusations they make against their customers!
Kind regards
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Roberto.
marioelegio
Mentore1 year agoThey’re not questioning whether your software is authentic, they’re just saying they’re unable to verify it. Anyway, there are (complex) rules and on eBay it’s not possible to sell many types of items that are freely sold elsewhere.
https://www.ebay.it/help/policies/prohibited-restricted-items/oggetti-di-cui-vietata-limitata-la-vendita?id=4207
hi
mario
hypernull
OP1 year agoGood morning,
I know that URL you posted very well and nowhere is software mentioned except in the section on counterfeit software, the software I sold is ORIGINAL, so I believe their application of their "regulation" is INCORRECT due to a formal defect!, moreover, as came out in the last phone call with eBay customer service, they want the purchase invoice for the product (we are talking about Office 2007 MLK) a product from 18 years ago! this story has grotesque implications that go against every sense of common sense and the tradition of selling on eBay? since when has an invoice ever been issued on eBay unless at the buyer's request?! I may not have it, just as I may have thrown it away since the retention obligations have expired, and then since when does this apply to private sellers? this matter would do well to end up before an Italian justice of the peace, just the accusations seem to me so serious and defamatory as to warrant a refund already for the continued and ongoing bad faith!
hypernull
OP1 year agoGood morning,
I received another communication from eBay:
"""
We have reviewed your complaint regarding a measure taken on your account. After careful analysis, we cannot accept your complaint because the listings in question do not comply with our Counterfeit Items Policy. We have reviewed your complaint regarding a measure taken on your account. After careful analysis, we cannot accept your complaint because the listings in question do not comply with our Counterfeit Items Policy.
If you believe that a mistake has been made, you may also обратиться to a court or an out-of-court dispute resolution body to have our decision reviewed on the basis of applicable laws. For more information, see our article on Mediation and out-of-court dispute resolution. eBay may retain your content for only six months from the date of the original notice. After this period, such content may be permanently deleted in its entirety and may no longer be recoverable.
"""
What’s missing here is an understanding of the basic fact that the SOFTWARE I SOLD IS ORIGINAL!
I’m looking for a lawyer who’s willing to work for 15 euros! in return for a possible defamation refund!
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Roberto.