eBay closing MS auctions



Someone from eBay needs to help me. I have tried to respond to ended@ebay and I get mail error, left message on time sensitive board and it has been two days now. The basic problem is that eBay is a puppet for Microsoft's strong arm tactics is controlling their OS monopoly. eBay at the behest of Microsoft has ended my auction of Windows 95 Upgrade. Microsoft says the software is "counterfeit or other unauthorized Microsoft product". Well, I contacted Piracy division of MS, Dave G. says its authentic product, I contacted Sales Division of MS, Alan Chitlik says it is valid Part Number with description of Windows 95 Upgrade, Yet my auctions continue to be ended! Microsoft is doing eBay a great disservice by using them to illegally limit trade in Microsoft product. I am sure that when and if I sue at least some of the blame will rest on eBay for blindly excepting false accusations from Microsoft as fact. The software in Question came from Texas Instrument, It was never opened, and is indeed authentic product. Someone needs to contact me before I pursue other remedies available to me. eBay contends in their email that they take on position on this matter, yet they side with Microsoft, that is a neat trick.

captain-kirk (159) on 03/24/99 at 10:34:00 PST

assetrek: well, you'll probably get no response from eBay, in that this is pretty much a "hands are tied" issue, concerning the Digital Millenium Copyright Act. If Microsoft complains, I believe they are required to shut down the auction. Now, you do (as I understand it) have some rights with respect to going against Microsoft. Be careful about asserting that anyone's actions are illegal, unless you are very comfortable with the applicable law. Its a very confusing issue.

PS - I don't think Microsoft is arguing that your item is counterfeit.. the question is whether you have any right to sell it here. Often licenses prohibit resale of product. If so, that puts it under the "unauthorized" blanket.

assetrec1@aol.com (0) on 03/24/99 at 11:05:48 PST

Thanks for the info, but I'm giving her all she's got cappin. lol. One thing I'm pretty sure of is that no one not even Microsoft has the right to control market in their unopened, never installed, never registered product. It seems to me that the Justice Departments ongoing action against Microsoft is about just this type of thing. I have legal title to the software from Texas Instruments.

The license agreement is not yet in effect because the software has not been installed. It clearly states on all Microsoft software that you must accept the license agreement before you can use the product. There is nothing about accepting the agreement in order to sell the product. No company can limit trade in their products, that is a clear violation of fair trade. Especially through FALSE and UNSUBSTANTIATED accusations. Its like they just have to say its 'unauthorized product' and everything is fact.

I think all of us are frustrated about how seemingly vague and uncertain all of this is. Its hard to "play by the rules" if the rules aren't known...

I agree. I am all for playing by the rules. Microsoft on the other hand, If you have been following the antitrust trial, believes they don't have to play by the rules. I hope the Justice Department sticks it to them BAD. And if these actions continue, I will most assuredly fight for my rights to sell the software that I have legal title to.

My real concern lies in not knowing what the people who are bidding on my product are told. Do they get an email saying that I am distributing counterfeit or unauthorized product. If so, and if it is not true, then this must be slander or defamation of character. I just started selling stuff on eBay and do not want to get a reputation of selling bad stuff. I stand behind my stuff. I plan on being here a long time.

captain-kirk (159) on 03/24/99 at 11:36:01 PST

assetrec: to be honest, that is a concern - the high bidder does get a similar email, saying that the auction has been ended due to being infringing. More than one seller has gotten a nasty email from the buyer as a result.

assetrec1@aol.com (0) on 03/24/99 at 11:43:50 PST

See. That's what I thought. Now I'm really mad. Looks like I better contact a lawyer. Thanks for all your help its people like you that make this thing go, not the eBays and Microsoft's of the world.

captain-kirk (159) on 03/24/99 at 11:48:40 PST

assetrec: I recommend you contact the high bidder (if you know who it was) and get a copy of what they got. Besides, it gives you a chance to explain your side of the story.

assetrec1 (0) on 03/24/99 at 12:03:32 PST

That's a good idea, captain. I know at least one guy who wanted two copies of the upgrade, he wrote me an email saying if he won could he get another package, I told him yes, he started bidding on the Upgrades I had listed. No, I haven't heard from him. I still have his email though, but he is the only one, eBay and Microsoft have ended 4 of my auctions.

therocket (92) on 12/28/99 at 08:21:37 PST Mod Chip auctions have been taken off because eBay knows what they are used for. Its taking money out of the hands of Sony. Either Sony paid them to do it or they volunteered to do it because ripping off playstation games is not cool. Besides, if you knew some basic electronics you can build your own and install it yourself. captain-kirk (209) on 12/28/99 at 08:27:26 PST The DMCA (Digital Millennium Copyright Act) basically forces eBay to follow the wishes of Sony, Microsoft, etc., in not allowing items that infringe on these companies rights. There is a lot of discussion about whether these companies are obeying the law or not, but that is the primary reason behind the whole vero/infringement stuff. eBay escapes the risk of being sued if they follow this act.

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