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. |