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 

[clarry100]

The only way I can see thru this is to get Microsoft to back you and get in touch with ebay on your behalf to have these restrictions removed and confirm for them that they are valid licence keys. This is also the advice from ebay in the message you have provided.

Since it seems the complaint has come from MS themselves then the only source ebay will take notice of at this point is MS.

[lyndal1838]

What is legal in Europe is not neccessarily legal in Australia.

Here you have to be an authorised reseller of the goods, not just have legal goods.

[davo11111]

they took me down for copyright infringement, besides, the court cases in europe say microsoft has lost the right to say how the keys are used or resold once they have sold them

[davo11111]

im sure if i was selling australian licenses, microsofts so called authorised reseller  law would apply to me, but i am selling products from germany, as if i had flown there, purchased them and flown back, i am not under any licensing obligation and fail to see how microsoft have the power to freeze my account, i further fail to see how ebay can allow me to purchase from a powerseller who has the rights to resell to anyone anywhere but forbid me to sell the same thing or forfeit the account 

[lyndal1838]

It makes no difference where you source you products.  If you are selling genuine Microsoft items then you have to be an authorised reseller of the product in Australia.

[clarry100]

I think that's pretty much the same rules for any brand name products. eg Disney.

You have to be a licensed and authorised reseller by the brand owner.

If you are not and the rights owner complains to ebay under the VERO program ebay will end your listings until you can prove otherwise to them. If you are a licence reseller then you had better display that licence in your listings.

[davo11111]

like i said in the headline.... poppycock, its not even a law, its a rule, its a company policy from another country  thats being played out as a law here in australia with sufficient force to freeze my account and make me lose money on transactions already paid for,

the weakest anti consumer laws ive ever seen if true, and a testamant to aussie politicians complete sellout to big business

and us, the so called voter, enabling it 

[clarry100]

Well if that's the way you see it then I think you have no further recourse other than to take legal action of your own.

Would be interested to see the outcome. But I think I know what it would be.

[davo11111]

its not how i see it but how it is, hmmm me vs the system in court, not much i can do but inform german courts microsoft is flouting its ruling on these keys