Question
This is a long story so I will do my best not to confuse anyone.......
I list in the VHS category. There is a seller by the name of "dvdlegacyau" who is listing his bootlegged DVDs in the VHS category. I know they are bootlegged because he has had past feedback stating so and also he has EVERY movie I know of on DVD (and alot aren't even out on DVD yet). He is a seller in the USA but is listing everything in AU dollars and even has named his store to appear that he is in Australia. All of his neutral/negative complaints state that shipping took much longer than expected, due to the fact that he's making buyers think he is in Australia but really not. He is selling Region 1 copies (Australia is region 4 I believe). He also has another ID for his US sales (dvdlegacy). I have contacted eBay numerous times because it was my understanding that you weren't allowed to list items in the wrong category and because he is listing rare movies which he copied onto DVD in the VHS category I feel it may be taking business from me. eBay has done nothing but given me canned responses. Can someone clarify for me if I am right about listing in the wrong category? I'm prepared to take this over eBay's head if they won't do anything about it but don't know where to start......and even if I am right in complaining.......
Answer
Unfortunately I have no information that might be of help to you but here's a bump.
Answer
You are not supposed to sell items in "the wrong" category on eBay but it happens all of the time. I don't think eBay gives a hoot about it unless they decide to give a hoot about it.
I have also found that eBay is less likely to look at violations of ANY kind if they are made by a competitor. Unless of course "you" are the person being reported and then they are on it like "white on rice."
As for selling bootleg DVDs, not only is this illegal as most of us know...I am very aware of a booming business in same on eBay. I have reported it many times about folks giving the "wink and nod" in their descriptions about their bootleg DVDs of a rare video that is not out on DVD. I have reported same on eBay before and they could care less....the sellers are still in business on eBay selling their illegal wares.
In closing, please let me also add that there are some DVDs being released legally but they are of movies that are not "supposed" to have a DVD version in print. Many of these are ending up in dollar stores and are in fact legal but not acknowledged by the original company. One that comes to mind is the movie "Katherine" is was a made for TV movie and officially there is no DVD of the movie out. Well, there is. My brain won't kick into gear right now about a couple of more that I know of that are old horror flicks that were released by studios back in the day. Now, I am no genius when it comes to the video/DVD business but I do know that there are some of these DVDs "out there" on movies that allegedly do not have DVDs in release.
Ardee-ann
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While I don't think this is the case here, there are some movies that you would be legally able to copy and sell as the copyright(or whatever) is no longer valid and the movie has become public domain.
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The item location is listed s United States. His profile says United States. So if some are confused about location or region, it's their own fault for not reading.
As far as you saying he sells bootlegs --- I would be very careful saying it, or even insinuating it -- unless you had physical proof of it. Ticked off buyers isn't proof.
As for the categories argument - There's only a few things they get very sticky about -- Adult -- and information lists (there's probably a few more). But DVD vs VHS, I doubt they'll do much.
(if it's any consolation, I search specifically using DVD or VHS in the search criteria. Does anyone really have the time to go through page after page of movies in the category listings when buying things?)
Make sure when you formulate your complaint to eBay you stick with only the facts relevant to what you are complaining about --- and that's the category listing. All the other stuff you put in your opening post is irrelevant and only serves to either raise your blood pressure or cast prejudicial light upon the other person.
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You could report suspected counterfeiting to law enforcement. That would be the FBI and Postal Inspectors. If you bought an illicit copy, you could report it to the local police.
Other places to report piracy:
Music at RIAA: 1-800-BAD-BEAT
Software, Music, Video Games, and Movies at SPA/SIAA: http://www.siia.net/piracy/report.asp
Movies at MPAA: http://www.mpaa.org/ReportPiracy.asp
You might also report the false advertising for the illicit copies vs real movies to the Federal Trade Commission, probably at:
https://rn.ftc.gov/pls/dod/wsolcq$.s..._ORG_CODE=PU01
There are multiple crimes that may occur when they advertise, sell, and send illicit items by mail.
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If you really want to nail to guy, you would need to purchase one of the bootleg items. Make sure it is a fake duped from VHS.
Then after you have that copy, you will have far more going for you concerning ebay and paypal complaints.
After you get it in your hands, then click on "report listing" on every bootleg he has listed. The file "item not as described" with ebay. And file the same with paypal.
Then when they open up a dialog with you, do not agree to simply return for refund. DEMAND seller be NRU'd.
I would not report to the MPA etc. except as last resort. You want this person off ebay. And once you have a copied movie in your hand from them, it should be easier.
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Originally Posted by New/Used
After you get it in your hands, then click on "report listing" on every bootleg he has listed. The file "item not as described" with ebay. And file the same with paypal.....
He has about 45,000 items listed, that's not an option
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Renaissance, especially if he's selling that many items, Ebay really has no interest in going after the guy, they want to keep making money, or they would have shut him down long ago. If you aren't the injured intellectual property holder, especially since you're a competitor, they won't do jack. They only take action themselves in order to avoid getting sued for contributory infringement. Forget Ebay.
As someone who used to work in this field, I'll tell you who will care, and who will do something about it, whether or not you have personally bought a bootleg disc. Look through what he's selling, pick the listings that are for movies produced and sold by the biggest badest movie studios around, especially anything Disney or Disney owned like Touchstone, Sony, etc. and contact the legal department for their US operations. Send them the links to this fellow's listings for their movies, along with the links to this fellow's feedback talking about bootleg copies. If you actually sell their movies too, legitimate copies, and have an account with them and an account rep and everything, mention that too, how its hard to compete with counterfeiters. Better yet, the phone number for the Motion Picture Association of America (MPAA) anti piracy hotline is 1-800-NO-COPYS
I guarantee you, the movie studios and MPAA won't care what your motivations are, whether you are a competitor or what, whether you have physical proof in your hand, they'll be GLAD for the tip. Someone will be assigned to make one or more purchases, and if they receive bootleg copies, Ebay will be receiving a subpoena for your competitor's sales records and your competitor will most likely be on the receiving end of either a cease and desist letter or a copyright infringement lawsuit. The statutory penalty for willful copyright infringement is currently $150,000 per copyright infringed, so that's a world of trouble. And that doesn't even include potential criminal charges.
That will take care of the problem.
Just to add to the list of contact agencies for counterfeiting:
MPAA anti-piracy hotline (1-800-NO-COPYS)
Western Anti Counterfeiting Coalition
International Anti Counterfeiting Coalition (http://www.iacc.org)
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There are a ton of red flags, but the biggest one is that they only have 1800+ feedback w/ 44k items up. This is not their first id or their last.
Also, the first feedback was only 57 days ago.
I will be surprised if they are around for another month.