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Illegal to sell used dvds?
 

I got a policy warning notice from seller performance saying they have taken down my listing for a used "American Accent Training" book plus dvds. They said that it might be recopied or unauthorized which baffles me. They also said that I contact the right owner about it. For one thing, the item I have is original and can't we sell used dvds anymore? Should I try to write back to Amazon?

For whatever reason, Amazon believes the item you are listing is counterfeit. That is what they mean by "recopied" media.

Selling used DVD's is not illegal if they are authorized and authentic.

How Amazon decided they do not like your listing, I have no idea, but they obviously don't want ou to list that particular item.

Was this a brand new account?

The account isn't new. It's still my old one for a year now. First policy warning was about selling international editions and this is the second one. How can they think that it is recopied? Who would want to recopy American Accent Training? Should I reply to them about it and include pics?

You can reply to them, but the fact is that if they do not want to allow you to sell that item on their website, they do not have to do so, whether or not it is authentic.

If you were previously caught selling international editions of textbooks, then they might be basing their decision on you previous history. But that is just speculation on my part.

But then it isn't illegal right? Was reading about this first use thing. I actually have a mental block comprehending it. I also read up about international eds before and never bothered replying to it. I also checked my mail from them and couldn't find the first policy warning about the international eds. Does that mean it was deleted and forgotten?

If it wasn't deleted in their system, Do you think it would be worth replying to show honesty or just keep mum and let them speculate if it is ⊗⊗⊗⊗ for the second time?

Copyright law gives the copyright owner the exclusive right to produce for sale (or license) their products.

The First Sale Doctrine creates an exception to that, so that an origial, legitimately obtained item can be re-sold. Otherwise, it WOULD be illegal to sell a used DVD, or a used book, etc.

Whether or not importing international editions of textbooks is legal or not is currently being fought out in various district courts. Publishers have won some cases and lost others. But Amazon's policy is that they do not allow them to be sold.

Amazon can have whatever policies they like for their website. However, violating an Amazon rule does not necessarily mean you have done anything illegal. For example, if I have a no smoking rule in my house, and you light up a cigarette there, you have violated my rule. But that does not mean I can call the police and have you thrown in jail because smoking is not illegal (yet).

As far as what you should do with Amazon, it is difficult to say. On one hand, I can understand your temptation to proclaim your innocence. On the other hand, it might bring additional scrutiny to your account. Maybe others will chime in...

If you were previously caught selling international editions of textbooks

This is the problem, most likely. We can't tell you why Amazon picked on you (maybe a competitor reported you???), but a previous policy violation means they are now watching.....forever.

A second policy violation (or accusation) and your account is still alive? Wow - you are lucky. Must be something good about the way AZ looks at you to keep going...

I actually was looking for the first policy warning in my messages. The first one has disappeared. All I have is the second one now. I wonder if the warnings elapse after time. The first one was from way last year. It most likely was a competitor that reported. I remember playing the lowering the price game with this seller for a day or two then bam. Report.

Am thinking about calling seller support because from my dealings, they've so far been nice (knock on wood) and went as far as even remove feedback that was unfair thrice already. Don't know if I am pushing my luck though...

The most important thing to understand is that Amazon & eBay's enforcement is arbitrary and often wrong. There's nothing we can do about it, except avoid selling those items they are being unfair about (brand name purses, DVD movies, etc). At minimum, you have to tread lightly in these categories or go stealth.

I get these sometimes when importing DVDs from other countries and
selling them on the US amazon site. I am fairly confident it is from overseas
sellers reporting me. I think I am cutting into their profits. I still don't know
how they report the item as a counterfeit. Again these are legit DVDs, just
from overseas.... so it is shaky ground to stand on you might step on
someone's toes no matter what you are selling.

The funny thing is that it is only ONE copy that I got from a flea market. I don't think there are bootlegs of American Accent Training but to be on the safe side I just removed the listing.