Forum

eBay VeRO Take Down - Counter Notice for UK ?
 

Searched the forums extensively, but waned to know if I can file a counter-notice on an eBay VeRO removal recently? I am in the UK.

The item was 100% genuine, yet they removed it, but continue to allow a few amount of sellers to sell the same thing.

Any help would be very appreciated as these bastar*ds are messing up my days. :smash:

to sell legit vero you need permission from the rights owner

even though it is the genuine article

you are competing with the rights owner and they have every right to remove your item if they see fit

it could just be a misunderstanding,i think you need to contact the rights owners and prove your item it authentic and ask if its okay for you to sell

when you got the email from ebay did they give you the email address of the rights owners?

Hi, yeah, got the email address from the VeRO member in question from the email eBay sent me.

I sent the email off to them telling them it was legitimate, but I have a very strong certainty that the email will be ignored point blank due to reading guides on fighting VeRO taken downs.

The only way to get eBay to remove the warning strike against my account is to file a counter notice with eBay. This is then sent to the rights owner and if they do not challenge you in court within 10 days, eBay remove the warning strike and put the listing back up.

This is how the Americans deal with VeRO take downs, and I hear 99% of the time it works. However, just wondering if UK users can do the same thing?

(I heard, The First Sale Doctrine determines whether or not the item is allowed to be sold, not the rights owner, otherwise you could end up with illegal restraint on a small seller)

like i said i am far from an expert on this,never gone through it myself

but i am sure there will be a process to remove strikes on your account

ebay are bad...but there not ugly

thought about it...yep they are big,bad & ugly

but on a real.....if there is that for the usa...there will be something alike in the UK

keep us posted,pm if too sensitive

Got a response from eBay. It was as expected. They said the DMCA Counter Notice only applies to US eBay, not UK eBay, and that all I can do is contact that email address that VeRO supplied.

Looks like US eBayers are getting a better deal than the UK eBayers.

Even though I know that applying this blanket removal by a VeRO member is illegal as they have no proof that my item is not genuine, that is not needed on eBay. All eBay care about is covering their own ass. If a VeRO member puts out a moan, the take down occurs. No questions asked.

The VeRO member is misrepresenting IP infrigement under U.S. code 17 U.S.C. 512(f)

The thing is that I know I do not need a VeRO members permission to sell something which has been publicly released. The "First Sale" doctrine places common sense limits on the control a copyright owner has over his creations. This doctrine provides that a purchaser of legitimate copyrighted material (i.e. a book or DVD movie) is entitled to resell that particular item without liability for copyright infringement.

That is all good, but in eBay-land, the unwritten rule is that if a VeRO member don't want you selling it, you ain't selling it.

Looks like the only way in UK is to go to court to stop VeRO messing with your business. :smash:

You have to be careful of claiming IP infringement on the grounds you are not permitted to sell.

Yes it differs from the USA but cases have been brought in the UK.

What did you check with Fair Trade? :suspicious:

had the same thing happen to me mate, the bottom line is ebay are implimenting their VERO program on the uk without giving you the change to counter it.

Its a HUGE slap in the face for UK sellers.

I have resorted to listing my goods on ebay.com and offering postage to the uk, this means they are listed for sale on the uk site but are covered by the counter notice law because they are actually listed on the US site.

I did a test just after i figured this all out, i listed the exact same listing on both sites uk and us and within 4 hours my uk listing was vero's but even after 28 days my US listing was still selling.

UK vero members abuse your lack of counter procedure and its blatent.

Sorry about the bad lanaguage GB, just annoyed because I paid extra to make sure the items were legit, when I could have easily got non-legit, yet VeRO scum still stepped in the way. What is Fair Trade?


Vlb - Yes, that is so true. It has not come up on this forum much before ever about the UK sellers dealing with this VeRO problem. VeRO members are abusing the system. So obvious.

That is a very good idea about listing on ebay.com vs. ebay.co.uk. It came into my mind, but never tried it. Did you get as many sales though listing it that way?

same thing happened to me, I lost pre-07 accs, and ones linked via name and or cookies went down too......they did not want items sold on ebay, they were vague and did not fully cooperate, they knew if it went to court it would be shaky ground and/or bad publicity. I proved the items were authentic, that was not the issue for them.:rant:

yeah i got sales mate, to be honest though not as much as i would expect to get on the uk site.

i just put extra info in my title like "ships worldwide" and then in the description i put "item is is uk will adjust postage costs accordingly" just stuff like that.

Vero takedowns can only be combatted with time and patience.

UK is not US, only reason counter-notices exist here for DMCA takedowns is because it is the law, not because eBay decided to be nice and give us a way to fight VERO. Check with local law and local websites to see if there's a way to easily fight it under UK law.

yep,

point is that it isnt law in the uk for ebay to impliment VERO but they still do it, its 100% in favour of the claimant.

not only that but the uk i beleive is the only country that ebay are allowed to force paypal into your auction. Sucks being in the UK.

Does the ebay.com not force PayPal into the auction? I know UK eBay force PayPal, but didn't know about if ebay.com do?

If ebay.com do not force PP into auction, I am going there!

That is very interesting information. Thank you. I saw the NOCI form which I downloaded from eBay and they don't require a form of verification, even though on a live chat with one of the eBay monkies, they said they verifiy the rights owners details...

If I contact the official VeRO member from the list on eBay website about why they removed my item, and if they respond, would this prove that the f-ake VeRO did not apply in my case and it was from the real VeRO member?