topic Re: Another Seller Using My Listing in Selling

Another Seller Using My Listing

crowsman53 — Tue, 14 Jan 2014 08:24:03 GMT

Hi All

I sold an item to a buyer/seller In Tassie. I now see he/she is selling it on Ebay with my photos and discription but more than that he/she is allowing a direct download so therefore I beleive he/she is using something like tradebit. I thought digital downloads were not allowed on ebay.. I have reported the seller to ebay and it is still listed. I have sought legal advice as I was the one to compile the DVD and I was never asked if they could sell it.I am still waiting to hear back from my lawyer What are your opinions on this?

Crowsman

Re: Another Seller Using My Listing

harley_babes_hoard — Tue, 14 Jan 2014 05:30:24 GMT

He selling it a handsome profit also. Good luck with it I hope you can get him for copyright infringement.

Re: Another Seller Using My Listing

imastawka — Tue, 14 Jan 2014 05:35:54 GMT

Ebay should do something. Good luck

From the site map

Digitally Delivered Goods

eBay does not allow the sale of digital goods on its website.

Breaches of this policy may result in a range of actions, including:

Listing cancellation
Limits on account privileges
Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status
Account suspension
Referral to law enforcement
Referral to the rights owner, with disclosure of personal contact information

Some Examples

Additional Information

Why does eBay have this policy?

Contact Customer Support

Report listing violations or problems with another eBay member.

Re: Another Seller Using My Listing

imastawka — Tue, 14 Jan 2014 05:38:19 GMT

Just had a closer look. It says free postage - not digital download.

So you can only complain about copyright I guess

Re: Another Seller Using My Listing

crowsman53 — Tue, 14 Jan 2014 05:44:52 GMT

Yes it says free postage but Download Instantly Thats Digital Download

Crowsman

Re: Another Seller Using My Listing

crowsman53 — Tue, 14 Jan 2014 05:49:53 GMT

Here is my listing on Tradebit

Harley Davidson Manuals From 1940 To 2010
List Of Manuals On DVD
1940 To 1942 Harley Davidson Solos Parts List
1959 To 1969 Sportster Service Manual
1966 To 1984 Shovelhead Service Manual
1970 FLH Electra Glide Owners Manual
1973 To 1974 Shovelhead Wiring Diagram
1986 To 1990 Service Manual For XLR Models
1986 To 2003 XL/XLH Sportster Service Manual
2002 Sportster Parts Manual
2003 Dyna Glide Models Service Manual
2003 VRSCA Service Manual
2004 Touring Models Service Manual
2005 Harley Dayidson Pre-Delivery And Set Up Manual
2006 FLHC Maintenance & Repair Manual
2006 Touring Models Service Manual
2007 Softail Service Manual
2008 Softail Electrical Diagnostics Manual
2008 Softail Service Manual
Carburator Tuning For Harley Davidsom Motorcycles
Master Cam Specs For Harley Davidson
1984 To 1999 Softail Repair Manual
2000 To 2005 Softail Repair Manual
1991 To 1998 Dynaglide Repair Manual
1999 To 2005 Dynaglide Repair Manual
2010 Harley Davidson Sportster Service Manual

Download instantly
Size Of File 1.4G
File Compression Zip

Instructions.
Unzip The File
Run Program called SLCDMENU.EXE
Thats It You Then Be Presented With A Menu
Select What Model You Want
All Manuals Are Printable

This DVD Is Compiled Under GNU License
Plus More

...

Re: Another Seller Using My Listing

phorum_junkie* — Tue, 14 Jan 2014 05:52:24 GMT

They can offer digital delivery as long as they send a disk as well.

Re: Another Seller Using My Listing

crowsman53 — Tue, 14 Jan 2014 06:12:34 GMT

But No Mention In The Listing of a Dvd Being Sent..

Re: Another Seller Using My Listing

crowsman53 — Tue, 14 Jan 2014 06:14:26 GMT

Which doesn't solve the matter he is using my listings on Ebay and offering Instant Download.

Re: Another Seller Using My Listing

imastawka — Tue, 14 Jan 2014 06:47:42 GMT

Seller has taken down the listing as at 5.12pm today

Re: Another Seller Using My Listing

digital*ghost — Tue, 14 Jan 2014 06:54:14 GMT

@crowsman53 wrote:

This DVD Is Compiled Under GNU License

GNU licensed software means anyone is free to copy and distribute it, whether they charge for it or not. Seller's title also said that it was a DVD.

Re: Another Seller Using My Listing

digital*ghost — Tue, 14 Jan 2014 06:56:58 GMT

Just so you understand what GNU license means:

To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights."

If they copied your listings word for word, that's a no-no, but you can't stop them from re-distributing the software itself - you would be in breach of the license granted you if you tried.

Re: Another Seller Using My Listing

crowsman53 — Tue, 14 Jan 2014 08:09:56 GMT

I have no objections to anyone re-selling any of my products as along as they ask which this person did not do.. But to copy my pictures and Exact text from Tradebit and try to sell it on Ebay is not part of the Licence agreement. I will wait until I hear from my lawyer on this. I thank the seller for removing the item likely because he had an email from my lawyer or Ebay asking question or myself. All he/she had to do was ask.. I spent hours upon hours compiling this DVD, Why do they think its theirs? I put in the work and include the Licence on every DVD, I sent a hard copy to the buyer not a digital DL. I have sold 100+ of these everyone is happy that bought it through Ebay, Quicksales, Amazon, Tradebit and others

Crowsman

Re: Another Seller Using My Listing

digital*ghost — Tue, 14 Jan 2014 08:16:17 GMT

I agree that copying your listing description is not on, but I was trying to point out that the GNU license which grants you permission to copy, modify and redistribute the software has to be passed on as part of the redistribution, which means by redistributing it, you are granting everyone you sell it to to copy, modify and redistribute the software - they don't need to ask.

Re: Another Seller Using My Listing

crowsman53 — Tue, 14 Jan 2014 08:19:18 GMT

For those that do not understand GNU Read this link Version 2 which I comply with

http://www.gnu.org/licenses/old-licenses/gpl-2.0.html#SE

Crowsman