My ebay auction got pulled by the Microsoft VeRO team for copyright infringement....

[C'DaleRider]

I was selling the remnants of those Windows XP Pro GO PRO kits that were sent out a year or so ago........you know the ones, they had a NFR copy of XP Pro, the XP Eddy Trustman bobblehead doll, a pack of Big League chewing gum, and a WinXP baseball. I had put up the entire kit MINUS the Windows XP software...it's NFR and I've got it installed on one of my computers anyway.

A day and a half after it's listed, and the item description clearly stated that there was NO SOFTWARE INCLUDED in big, bold, italicized, underlined letters, I get two emails....one from ebay, one from the VeRO team.

Both emails said essentially the same thing..........

**PLEASE READ THIS IMPORTANT EMAIL REGARDING YOUR LISTING(S)**


We would like to let you know that we removed your listing:


3658861965 Windows XP Pro GO PRO Kit



because a member of our Verified Rights Owner (VeRO) Program notified
us, under penalty of perjury, that your item infringes their copyright,
trademark, or other rights.

If you relist this or any other similar items on eBay, your account
could be suspended.


Microsoft and other software publishers work with eBay to identify and remove postings that
offer to distribute unauthorized software. This process led us to your
listing on eBay. Microsoft believes that the software offered in this
listing infringes its copyrights and/or its trademarks, because the
software is not genuine or because the proposed transaction is otherwise
unauthorized.

Under U.S. law, a person who distributes counterfeit or other
unauthorized software is liable for damages and may even face criminal
penalties, including fines and imprisonment.

That was Tuesday.....I had it up for .99 ...... after all, what I had for sale was only the box, bobblehead, gum, and baseball, all still sealed in their little boxes. I admit I became rather incensed and fired off a fairly civil email to the VeRO team asking who just committed perjury on their team and did anyone actually read the item description.

Today, the VeRO team emails and says "So Sorry......it's alright. You can relist the item once ebay unlocks your account, yada, yada, yada......"

I hate the power MS has gotten and how it's being abused to screw over the common person in cases like this. They don't even READ a damned thing.....just guess and hope.

Perjury was committed by VeRO.......now how to make that stick?

 

[BillGates]

That's ridiculous.

 

[Hammer]

they see hundreds of auctions a day. they probably just saw the title and flagged it. it sounds like they admit the mistake and its fine now.

 

[gopunk]

you should reply back and say "so are you going to charge the member with perjury???"

 

[speg]

Yeah but they shouldn't have that power. Just becasue they're rich :disgust:

 

[mchammer187]

Originally posted by: Hammer
they see hundreds of auctions a day. they probably just saw the title and flagged it. it sounds like they admit the mistake and its fine now.

did you read the part he bolded

 

[Hammer]

Originally posted by: mchammer187

Originally posted by: Hammer
they see hundreds of auctions a day. they probably just saw the title and flagged it. it sounds like they admit the mistake and its fine now.

did you read the part he bolded

yeah i did. that's how you report a copyright violation though. its a form. nothing will come of it.

 

Perjury was committed by VeRO.......now how to make that stick?

A lawyer, and lots of money.

 

[Viper GTS]

You need to look up the definition of perjury...

Viper GTS

 

[ggavinmoss]

Originally posted by: Viper GTS
You need to look up the definition of perjury...

Viper GTS

Yes, yes he does.

-geoff

 

[mchammer187]

Originally posted by: Viper GTS
You need to look up the definition of perjury...

Viper GTS

per·ju·ry ( P ) Pronunciation Key (pûrj-r)
n. pl. per·ju·ries

1. Law. The deliberate, willful giving of false, misleading, or incomplete testimony under oath.
2. The breach of an oath or promise.

 

[Shockwave]

Thats EXACTLY why i use all pirated MS products, in an attempt to limit their power they have. THink, if EVERYONE used illegal MS software, they wouldnt have much power at all!

 

[element]

I don't think they committed perjury yet did they? They didn't swear to tell the truth in court yet did they? It's only perjury if they take you to court over it, swear on the bible and THEN say that you tried to sell copyright material.

 

[C'DaleRider]

From what I understand about the VeRO team, they are indeed swearing by oath that what they affirm about anything they say about, in this instance an ebay auction, is indeed true.

Perjury is giving false, misleading, or incomplete testimony............

In this case, their testimony was the notification that I was illegally selling contraband software and that they had the legal authority to have the auction cancelled, to threaten legal action, and on and on.

 

[element]

While I agree what they did was deplorable, and that they should pay closer attention to what they are doing before accusing soeone, I'm asking if they took that oath in a court of law. If it is legally binding.

The way I saw it, when they said under penalty of perjury, I think they meant if and when it goes to court, but not before. At this point, if they have not been sworn in yet, they can legally accuse anyone of anything and Ebay is allowed to cancel the auction for any reason, they just can't take any legal action if the statement is false, or else hey could be charged with making a false statement.

 

[MercenaryForHire]

I don't know about everyone else, but I think everyone on ATOT should list a "Go Pro" kit ... minus the copy of XP Pro, the XP Eddy Trustman bobblehead doll, the WinXP baseball, and the box. Pictures can all be lifted from CDaleRider's auction, and Big League Chew is about ten bucks for a crate of a couple hundred.

Let's see VeRO shut those down.

- M4H

 

[mugs]

Originally posted by: C'DaleRider

Perjury was committed by VeRO.......now how to make that stick?

I doubt you could, they didn't know they were lying. How can you say it's a lie if they didn't know it wasn't true?

 

[DrPizza]

Wow, you seem pretty distraught over this whole thing... Sheeeeesh, they're letting you relist the item.

 

[XZeroII]

Originally posted by: Shockwave
Thats EXACTLY why i use all pirated MS products, in an attempt to limit their power they have. THink, if EVERYONE used illegal MS software, they wouldnt have much power at all!

That is the stupidest thing I've heard all day. If everyone pirated their software, they would go out of business and the entire computer industry would collapse.

 

[MercenaryForHire]

Originally posted by: XZeroII

Originally posted by: Shockwave
Thats EXACTLY why i use all pirated MS products, in an attempt to limit their power they have. THink, if EVERYONE used illegal MS software, they wouldnt have much power at all!

That is the stupidest thing I've heard all day. If everyone pirated their software, they would go out of business and the entire computer industry would collapse.

GOOOOALLLL!

Shockwave, assisted by Sarcasm, just put that one right over the shoulder of XZeroII!

- M4H

 

[DrPizza]

OMG, I just realized after reading my last post! You are suffering from emotional distress. That's easily worth $100,000. Sue! If a lawyer feels the case will make it into court, he'll happily present it for you, understanding that M$ will then settle out of court, and the lawyer will get 1/3 or more of the settlement. (leaving you with enough money to buy a new computer or something)

 

[Tom]

i dont know why they would let you sell even part of it, doesnt it say its not for resale ?

 

[DrPizza]

Originally posted by: XZeroII

Originally posted by: Shockwave
Thats EXACTLY why i use all pirated MS products, in an attempt to limit their power they have. THink, if EVERYONE used illegal MS software, they wouldnt have much power at all!

That is the stupidest thing I've heard all day. If everyone pirated their software, they would go out of business and the entire computer industry would collapse.

Nahhhhh. Everyone would be forced to use the other (and some are free) OS's that are out there. Windows isn't a requirement.

 

[Nitemare]

Originally posted by: BillGates
That's ridiculous.

Lol, that's kind of funny coming from you

Fire off an email asking them how they plan on compensating you for the auction as well as the downtime for unfreezing your account

 

[Kenny]

Originally posted by: DrPizza

Originally posted by: XZeroII

Originally posted by: Shockwave
Thats EXACTLY why i use all pirated MS products, in an attempt to limit their power they have. THink, if EVERYONE used illegal MS software, they wouldnt have much power at all!

That is the stupidest thing I've heard all day. If everyone pirated their software, they would go out of business and the entire computer industry would collapse.

Nahhhhh. Everyone would be forced to use the other (and some are free) OS's that are out there. Windows isn't a requirement.

It's just a shame though. After the recent RIAA scares, and the amount of people that currently use Windows operating systems, I doubt most common people would be pirating their software.