Why did i get mc999 on this item?

[ilovemymac]

I am selling an OUYA with XBMC which is legal and i have sold tons of them along with several other XBMC devices. there are many ouyas with XBMC listed on ebay as OUYA is a sponser of XBMC.

I was 1 month away from being fully complinet and they hit me with this. Last year they did it to one of my USB sticks for an apple tv 1st generation which allows you to run linux and boot from the USB. I relisted a week later no issue since.
THis listing is just like mine. This guy copied my listing word for word html and all except my 2 videos explaining and showing how XBMC works. And i dont include a USB drive with games on it i just include the emulators which are available in the OUYA store anyone could install.
WARNING EBAY LINK

http://cgi.ebay.com/ws/eBayISAPI.dll...m=251337156478
I am so frustrated by this. NOTHING i was selling was encouraging copyright infringement nor did i sell software or music or anything else that is copyrighted.
I thought about calling them and saying exactly what was copyrighted in this add?

[rsot]

Originally Posted by ilovemymac

I relisted a week later no issue since.

What kind of violation warning did you get?

And are you fully banned now? The last step if calling and explaining should have been done BEFORE relisting (you needed to clarify)

[jeffweico]

What exactly did the MC999 say? I agree that the item looks OK and I use and LOVE XBMC - for those that may not know, it is an open-source program (free) that catalogs your movie collection. It does not violate any copyrights. Sure, someone could add a pirated video to XBMC, but you could do that with ANY DVD collection software.

Without knowing the specifics, my GUESS is that a competitor reported you to try to eliminate some competition.

[An0nym0u$]

I was in this niche market for a very long time, before XBMC became mainstream. One of my listings was just the 'jailbreak service'.

I don't have the time to sit there and jailbreak units anymore (not with a 3 y/o). Not to mention, the market is very saturated now due to competition.

I also suspect competitor(s) more than likely spawned this MCXXX complaint. XBMC is widely supported and there is no piracy involved when simply loading the software.

P.S. You should remove your eBay listing from your post.

[rsot]

Or add a Warning eBay link before the listing

[ilovemymac]

Originally Posted by rsot

What kind of violation warning did you get?

And are you fully banned now? The last step if calling and explaining should have been done BEFORE relisting (you needed to clarify)

No not banned just told I need to be understand that listing copyrighted materials is illegal and not to list burned DVDs and such. I'm like it's not illegal. I thought about calling however it's not in my name it's my friends although I have all his info so I guess I could say I'm him. I don't like lying but they might not even ask.

[ilovemymac]

Originally Posted by rsot

Or add a Warning eBay link before the listing

What is an eBay warning link?

The text of the email was this. Oh and ps that's not my listing that is a compititer who stole my listing word for word. HTML and all. I just was using that as an example.

After reviewing your eBay account, it appears that you have violated eBay's Copyright Violation - Unauthorized Item policy. As a result, we've taken the following action on your account:
- Listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited all associated fees except for the final value fee for your listing(s).

Due to copyright concerns, listings for unauthorized copies of items such as movies, music, software, photographs and books aren't allowed on eBay.

You may sell products on recordable media (such as VHS tapes, audio tapes, CD-Rs, and DVD-Rs) if you are the copyright owner or are authorized by the owner to sell the product. This information must be clearly documented in your listing.
WARNING EBAY LINK
For more information, go to:
http://pages.ebay.com/help/sell/copyrights.html

Due to strict regulations regarding copyrighted materials, we do not allow devices or software that bypasses copyright protection functionality. Please do not relist this item.

Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations of this policy could result in the suspension of your account.
WARNING EBAY LINK
If you have additional questions, contact our policy experts.
http://ocsnext.ebay.com/ocs/cusr?que...main=email1418

We understand that you may have been unaware of this eBay policy, and we encourage you to learn how to keep your experiences on eBay successful.

Here are the listings that were removed:
OUYA XBMC


We appreciate your cooperation.

[rsot]

@ilovemymac - on this forum, whenever you post up a link to eBay - you should write WARNING eBay LINK to help ppl avoid going on eB if they want to

[jeffweico]

OK... It COULD BE that eBay thinks you are distributing copies of XBMC on burned CD-ROM's which they prohibited long ago. Of course, it is not a copyright violation as most of us understand the term, but it WOULD be in eBayworld.

Also, emulators were banned by eBay. I remember when it happened. A lot of people were selling emulation software for PC's on burned CD's and bundling it with a bunch of arcade games. THOUSANDS were being sold every day. Then eBay killed it. Some tried to get around their restriction by listing the emulation software separately, since TECHNICALLY it is legal, but eBay decided that since the emulators were primarily used to violate copyrights, they were banned.

They put it in the same category with cable tv decoder boxes, satellite cards and gadgets to defeat GopyGuard (VHS video ant-copy protection).

[ilovemymac]

Then why are there tons of listings for ouya with emulators installed and none are taken down?
I just thought of 1 thing. See i had read that OUYA pulled audio from the ouya xbmc store app because they did not get rights to do multi channel audio.

Funny it was not in any press release just on the forums. At any rate all of us xbmc users found that using the old alpha version that had to be loaded on in the developers area rather then through the store still had audio.

People finally figured out that it was only the latest xbmc ouya update that had audio pulled. So someone came up with the idea that if you deleted XBMc from the ouya and grabbed the first xbmc for ouya that is still on the servers even though its not in the store and you manually load it you still have audio as long as you do not update.

ANd because its manually loaded ouya doesnt auto update it just tells you you have an update.

ANyway the point is i made this clear in my auction that we are the only OUYA on ebay with fixed xbmc audio. But not sure who maybe ouya could say hey they cant be doing this?

[GreenBean]

If you post anything from ebay/paypal you should add WARNING EBAY LINK so users can decide wether top open the link or not.

I added that to your posts.

Back to your question, the rights owner OUYA can do what they want in regards to their items.

Yours was a listing that got flagged. Here is where you need to be careful....other sellers may be still listing similar items. But your account was the one flagged. You need to try to protect it.

[jeffweico]

Originally Posted by ilovemymac

Then why are there tons of listings for ouya with emulators installed and none are taken down?

When you say "emulator" is this software that allows you to play games originally made for video arcades, or consoles where the software for the games are freely distributed online?

If so, I PROMISE YOU, it is not allowed on eBay.

This is very common. Someone comes here and is upset because their listing was removed, or maybe they even lost their account over something like this. When we point out that eBay has a rule against it, the next thing they post is:

Why are OTHERS allowed to sell theirs, and I CAN'T???

It is not that the other sellers are "allowed" so sell it, it is simply that they have not been reported and have flown under the radar. Keep a list of those sellers. Look for them in a couple of weeks to a month and see how many are STILL registered users. eBay gets them all eventually. Of course, new ones take their place.

This has happened to me, so I understand where you are coming from. I feel your pain, so to speak. You feel as though you are being singled out, discriminated against and punished unfairly. You see that others are making money selling the same thing you were selling and it makes you angry. This is a normal human response.

Yes, you COULD use stealth to create a lot of accounts and list these items for sale again and again. But you are going to burn through a lot of accounts! If you are serious about selling online and making money, and you want a STABLE business that will last, you need to find some niches where you can sell something eBay does not have a problem with and still make decent money. Usually, these are not the sexy niches that newbies want to be in, like selling electronics, DVD's and hot brand name items.

There are millions of things you can sell. If you can't find something, you are simply not trying hard enough. I spend about 6 hours, on average, researching products, pricing and sales for each new item that I list. So, I have 6 hours of labor invested before I make a single dime. But, when you find a good product, you start seeing the money roll in. Keep adding to it, and suddenly you have a viable business. One that is NOT constantly receiving threatening emails and removed listing notices.

Whatever you decide to do, I wish you the best of luck.

[rsot]

Should not be repeatedly selling the same item on a flagged account without getting written permision via an e-mail from eB about the particular item

[GreenBean]

HTF is the OP going to get perimssion to sell an essentially banned item?

Special dispensation because rsot suggested it?

The item breaks the rules.... read jeffweico's post.

Your suggestion will not work, rsot.

[ilovemymac]

My issue is a year ago they gave me the same notice about xbmc on another device i was selling. I assume it was xbmc because its an apple tv 1 with xbmc installed no emulators.

I dont think ebay gets what xbmc is i guess. Because i have never had an issue in all that i have sold except this 1 and the one a year ago. And i never had any issue since. I thought about calling to find out exactlly what the issue is but wasnt sure when you call what they ask and all that.

[joesshooze]

From what I have experience I think like others that a competitor made a complaint. Be grateful you just got a little slap on the hand. Shake it off it's fall selling season. Direct all that energy to making $$$.

[ilovemymac]

oh i intend to. I just need to look for some more things i can sell. I only sell xbmc devices right now. Its what i know. I tried selling a bunch of other stuff and nothing ever sold so i went to this.

[ilovemymac]

Originally Posted by joesshooze

From what I have experience I think like others that a competitor made a complaint. Be grateful you just got a little slap on the hand. Shake it off it's fall selling season. Direct all that energy to making $$$.

it sucks when you make a complaint and ebay does nothing.