VeRo second-hand items

[golddebiter]

Hello,
I have been warned MC019 and some items have been removed for VeRo copyright infringement by Sony for the sale of some second-hand videogames.

I have read my country's regulations and the resale of second-hand items is not prohibited. What do you advise me to do? Should I contact Sony at the address provided by Ebay with these arguments or should I modify my ads to avoid infringement?

Thank you

[walkingupwards]

You should find something else to sell that will not bring you trouble. Keep your stealth account as you can, you don't know what the future hides for the stealth game.

[nickopedia]

Some brands simply don't like people re-selling their goods at all.
Don't assume just because you were able to get away selling these games before doesn't mean it's allowed.

If you insist on re-selling these, be prepared to accept the consequences of another VeRO strike. It might be your last. There is no set number of VeRO strikes that can result in a perm suspension.

Some brands can get pretty aggressive when it comes to filing those NOCI (Notice of Claimed Infringements) and will do it even if you list 100% legit items w/ store reciepts showing you bought them at authorized retailers. It just won't matter to them. They will demand written permission from the rights holder/brand instead. Good luck with that

[rsot]

Originally Posted by tinsoldier

Sony have never had a problem with the resale of second hand games.

Something else has triggered the warning, they believe your games are counterfeit, hacked or you are abusing the Sony trademark.

Seems like there is some word in your listings OP that caused the report or so

[golddebiter]

Thank you for your answers.

Obviously any brand does not like the second-hand market because they don't get anything but it's a right for the buyer by law. I'm surprised they can do whatever they want.

[nickopedia]

Originally Posted by golddebiter

Thank you for your answers.

Obviously any brand does not like the second-hand market because they don't get anything but it's a right for the buyer by law. I'm surprised they can do whatever they want.

Right.

Some items are branded by particular sellers, some big brands won’t allow their stuff to be sold except by their authorized sellers. It’s getting more popular now for certain brands to limit the number of sellers they allow on a particular site. I think the real reason they do this is so they can control the second hand market, thus preventing dilution which can lead to reduced sales at the retail level.

You would THINK this practice is illegal, and in some places it might be such as the case in the EU- It's called Restriction of Trade and whilst it goes on, isn’t permitted within the EU. Within the USA, there are Antitrust laws that that regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers.

Unfortunately there are many loopholes, and the brands will always fire the first shot to scare you (and the marketplace) to comply with their wishes.

[agent006140]

Ebay can also impose its own rules on selling brand name goods.
After tiffany lost a case of Ebay false advertising by allowing countefeit silver jewelry for sale on Ebay,Ebay restricts Far East sellers selling Tiffany silver trinklets to only sell used ones and x number of listings.
Tiffany does not sell its goods outside Tiffany stores,so how could an individual have so many of its new items for sale?

[agent006140]

Manufacturers also would not honor any warranty/guarantee if you buy their item with warranty from an individual who is not a licensed retailer.

[agent006140]

Originally Posted by golddebiter

Thank you for your answers.

Obviously any brand does not like the second-hand market because they don't get anything but it's a right for the buyer by law. I'm surprised they can do whatever they want.

you said it is fine in your country,but you are no selling on a venue based in ES,it is EBAY usa,SO US laws apply and Ebay usa has its own rules which may not apply to other Ebay sites.
But I have never heard of Sony not allowing indviduals selling used Sony items,unless they think it is counterfeit?
There was a time Sony has asked some dying retailer to sell their older boombox and other items on Ebay,it was terrible,it does not work and I have problem contacting them ,I think it is radio shack doing it for them.

[parsierngue]

Originally Posted by agent006140

you said it is fine in your country,but you are no selling on a venue based in ES,it is EBAY usa,SO US laws apply and Ebay usa has its own rules which may not apply to other Ebay sites.
But I have never heard of Sony not allowing indviduals selling used Sony items,unless they think it is counterfeit?
There was a time Sony has asked some dying retailer to sell their older boombox and other items on Ebay,it was terrible,it does not work and I have problem contacting them ,I think it is radio shack doing it for them.

LOL, you truly are clueless. There is an ebay.es

[agent006140]

sorry,I misunderstood him,I thought he was selling on Ebay USA.
well,then what is his problem,SMART ASS!?/

[agent006140]

Originally Posted by golddebiter

Thank you for your answers.

Obviously any brand does not like the second-hand market because they don't get anything but it's a right for the buyer by law. I'm surprised they can do whatever they want.

So where are you selling your items,ebay USA or Ebay ES?

[agent006140]

Originally Posted by nickopedia

Right.

Some items are branded by particular sellers, some big brands won’t allow their stuff to be sold except by their authorized sellers. It’s getting more popular now for certain brands to limit the number of sellers they allow on a particular site. I think the real reason they do this is so they can control the second hand market, thus preventing dilution which can lead to reduced sales at the retail level.

You would THINK this practice is illegal, and in some places it might be such as the case in the EU- It's called Restriction of Trade and whilst it goes on, isn’t permitted within the EU. Within the USA, there are Antitrust laws that that regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers.

Unfortunately there are many loopholes, and the brands will always fire the first shot to scare you (and the marketplace) to comply with their wishes.

There is a case years ago,a Thai graduate student in US was selling medical textbooks printed and sold in SE ASIA,same books a medical student would have paid $100 ,he can now have it on Ebay for much less.
The publisher took this student to court,cant remember all the details,claiming these books can only be sold in SE Asia.
Then of course there is this controversy of prescription drug,some were sold for 1/3 the price overseas for what a patient in US paid for.

[golddebiter]

I'm selling on ebay.es ebay.fr and ebay.it. I also listed another digital items related with Sony products like gift cards. Maybe they don't like it and that's the reason I was reported but items are still active.

[ddm50]

Originally Posted by golddebiter

I'm selling on ebay.es ebay.fr and ebay.it. I also listed another digital items related with Sony products like gift cards. Maybe they don't like it and that's the reason I was reported but items are still active.

Lol, you listed digital goods, that's the problem, secondhand items arent considered digital.

[agent006140]

so it is SECOND HAND DIGITAL GOODS-VIDEO GAMES,

[rsot]

Digital goods are a big problem - even the game codes could have been the issue since you aren't selling a physical game. Someone may have reported this as well

[golddebiter]

No, I don't sell second-hand digital goods... wtf! I sell second-hand physical games (ps2,ps3,ps4,xbox 360, one,wii,switch,pc,etc.) and "new" digital gift cards.. among others...

I was just saying that maybe Sony has looked at my listing because these digital items since there is controversy with the digital items on Ebay.

I'm just trying to find an explanation to avoid another possible warning.

[agent006140]

OP said-
I have been warned MC019 and some items have been removed for VeRo copyright infringement by Sony for the sale of some second-hand videogames.
-------------------------------------------
but they took down your second hand physical games?
so it is not the problem of selling digital goods like gift cards,the VERO took it down for copyright infringement,does it mean they think yours are counterfeit?

[degsey69]

Look at the way the listing is worded, you are probably infringing their trademark in the listing title and that is where they can get you as you are using their trademark. There is info on eBay about it. A used listing should look like this

Used (game name) for Playstation 2 or (game name) for Playstation 2 EXCELLENT CONDITION.

Omit the word Sony as they will be doing a word search on the listing titles for it I suspect.

[nickopedia]

Originally Posted by degsey69

Look at the way the listing is worded, you are probably infringing their trademark in the listing title and that is where they can get you as you are using their trademark. There is info on eBay about it. A used listing should look like this

Used (game name) for Playstation 2 or (game name) for Playstation 2 EXCELLENT CONDITION.

Omit the word Sony as they will be doing a word search on the listing titles for it I suspect.

This is spot on.

Take a really good look at the words you are using. The word "Sony" itself is likely going to cause 99% of your issues.

[golddebiter]

Thank you for your answers.

I have edited my items removing these words, I hope it would be enough. I will update this topic if I receive any other warning.