Legal mess for MS and EBAY they restricted my account copyright violation poppycock

[davo11111]

i recently discovered legitimate german OEM windows 10 keys cheap on german ebay, i did my research

https://www.techdirt.com/articles/20120703/11345519566/eu-court-says-yes-you-can-resell-your-softwar...

https://www3.wcl.american.edu/cni/0007/26339.html

http://www.theregister.co.uk/2002/05/08/selling_oem_windows_copies_you/

and many other sources 

i purchased sample keys from many german power sellers etc who sell 2500 keys a month all with good feedback, an example is 

lol_service look at this guys feedbackon these keys

purchased some test samples and activated them with MS on the phone, voila legitimate OEM DM channel keys

MS promised i would never have a problem with

so i setup another EBAY account after i promised never to to so again [another story] i placed 10 adverts the maximum and all keys sold in a few days, i sent the codes out good feedback being left from people buying them, then i received this  from ebay

Your listing has been removed: Copyright Violation - Unauthorized Item

Hello davo11111,

After reviewing your eBay account, we've taken the following action:
- Violating listings have been removed. A list of removed items is available further down in this email.
- We have credited all associated fees except for the final value fee for your listing(s).

Your listing was removed after the rights owner notified us that your item violated their copyright. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing and whether you can relist the item.

For more information about our Vero program go to:
http://pages.ebay.com.au/help/tp/vero-rights-owner.html

If you have more questions, contact our policy experts:
http://ocsnext.ebay.com.au/ocs/cusr?query=1337&=PTB1187

Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

The rights owner or an agent authorised to act on behalf of the rights owner, Microsoft Corporation, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.
 

Dear eBay Seller,If you are selling Microsoft product on eBay, it is your responsibility to ensure that your sales practices do not violate Microsoft?s intellectual property rights or license agreements.Microsoft will request that eBay remove listings which violate these rights and/or license agreements. Included below are some of the most common reasons for removal.Unauthorized distribution of Microsoft SoftwareViolation of license agreement (Recovery discs or loose/stand-alone Certificates of Authenticity (COAs))CounterfeitingHard-disk loadingEnd-user CopyingNot-For-Resale Software (NFR, Promotional)For more information visit the Microsoft Anti-Piracy homepage at http://www.microsoft.com/piracy. If you need additional clarification as to why your listing was removed, please contact softwareprotection@mm-microsoft.com.

We encourage you to contact Microsoft Corporation directly if you have any questions.

You can send an email to:
microsoft@enforcements.markmonitor.com

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:
http://pages.ebay.com/help/policies/programs-vero-ov.html

Here are the listings that were removed:
122087584519 - Windows 10 Pro 32/64 Bit Key Multilanguage Genuine Microsoft Activation
122089230357 - Windows 10 Pro With Genuine Key installed on 16 gb USB2 stick posted

they have removed all my listings and it looks like refunded the customers, even though they have activated the keys very infuriating,

so i rang ebay discovered it was microsoft themselves who ordered the takedown, i explained how i purchased these keys from an ebay powerseller in germany with impeccable reputation and feedback and how these were not australian OEM keys but german, and if you followed some of the links above, you will see that microsoft has lost its first sale right in europe which means it cannot dictate how or where the software is resold, people can own and sell licenses, and OEM can be unbundled from its machine and sold seperately, moreover, the courts in europe decided that a person CAN RESALE that key or license even if it has been used, not only for windows 10, but all software and games keys are resellable

after a half hour debate with a nice young ebay rep who understandably was confused i was passed over to ebay vero department 

where i was told by a no nonsense manager that he could remove my account restrictions but i wasnt allowed to list those  products again, or i would forfeit the account, and that i had to contact microsoft enforcement to have this threat waived 

i say i have every right to sell those keys and to the monies owed, now dozens of people are selling the same keys, a few days ago there was none, what do you guys think 

[lyndal1838]

But you are not in Germany....you are not subject to the laws in Europe.

You are in Australia and need to comply with Australian law.

If you are so sure you are in the right then I doubt that anyone here can help you any further.

Good luck.

[davo11111]

i dont know whats more disturbing, the fact people believe that  microsoft company  policy  is somehow australian law, or the fact that many people are simply ok with it

its clear fom some of you commenting you havnt read the links i provided as they explain the ownership of these keys and what it means for microsofts worldwide policy, sorry if i come across as a know it all but there you have it 

[digital*ghost]

Copyright laws can be complicated, but they are laws (not just company policies ). It's actually not comparable to buying any other kind of physical product and resellong it here, because like movies and TV shows, the licensing can be (and usually is) region specifi

That's why streaming companies like Netflix have different shows in different countries, because they are restricted by licensing agreements.

What is or isn't applicable (in terms of licensing and copyright ) in this particular case, I couldn't say for sure... but I suspect very few people who weren't highly informed of both copyright laws and Microsoft's rights in Australia would be able to.

[digital*ghost]

Gah! Typos. 😮

But you get the general gist, hopefully.

[*tippy*toes*]

It's legal to buy guns from corner stores in the US. It's legal to buy and sell drugs in Cambodia. You buying them from there and bringing them back here to sell doesn't make them legal. 

If you think you are right, stick it to them and relist. Problem solved.

[digital*ghost]

Just a couple of other things to reflect on, regardless of whether you agree with eBay,  etc...

Intangible products can't be listed on Oz eBay, only physical products  (irrelevant if you were listing on a site where it's allowed, of course ).

Plus, it's not clear from your OP what happened with your other account,  but if eBay deregistered it, opening a new account is not allowed. 

[davo11111]

intangible products are now supported on ebay, its how i purchased these items in the first place 

[digital*ghost]

The policies are different on different sites (that's why I mentioned it was irrelevant if you were listing them on a site where it is allowed, and noted that it was specifically the Australian site that it's not allowed).

[lyndal1838]

---

@davo11111 wrote:

intangible products are now supported on ebay, its how i purchased these items in the first place 

---

Not on the Australian site....they have always been allowed on most other ebay sites.

[collect247]

It blows my mind why anyone would even buy any windows10 products as it was FREE to download so everyone 

that wanted it should have got it all for free lol.