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Need Your Advice Regarding My eBay Situation...

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Need Your Advice Regarding My eBay Situation...

Old 02-19-06, 05:28 PM
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Need Your Advice Regarding My eBay Situation...

OK, so a couple months back I was selling many items on eBay I no longer needed. Everything from children's books to clothes to action figures to toys and electronics. All items were legit--no knockoffs or anything like that.

Well, one day I put up a video game system called a "Power Joy." Here is a link to exactly what it is and looks like:

http://www.crazygear.net/content/powerjoy.jpg

The Power Joy I was trying to sell was brand new and still in box. You plug it right into your television and you are able to play 84 classic arcade games. Well, after four days or so of being on the auction, it is removed. I think this is odd, and I email eBay to see why they did this. I never got a response. So I figured it must've been an error. A week or two later, I put it back up. And after 5 days, I'm making decent money off it--like $15.00 so far--and it's removed again! This time, I'm sent an email stating I've been suspended.

I try to email them telling them that I see items like this in stores and being sold on TV all the time. In fact, I think I got the Power Joy off of QVC about four years ago. I just never have used it. They later inform me that, apparently, because Nintendo might have a few games on the Power Joy, it is infringement to sell it or something like that. I try to tell them that I had no idea what games were listed on the package, as it only states 84 games but doesn't specify which ones.

To sum it up, though, I have been suspended thus far and I have NO idea when the suspension will be lifted. I still have a lot of items left to sell, and so I'm trying to figure out if I should open up another eBay account with a different credit card? Should I try and get another family member to use their credit card? Is there a good chance eBay would find out/notice? I am worried, because, eBay did state that if I were to open up another account and try to sell items, I could be permantely banned. But I feel the way they've handled the situation was unjust, especially since I had no idea selling something like that would be wrong. And I've seen many others on eBay do it. In fact, when they removed my auction and suspended me, other people were selling the same thing as well. I don't get it.

What would you recommend? And have you, or anyone else, been suspended on eBay and tried to open another account successfully?
Old 02-19-06, 05:33 PM
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how long have you been suspended so far?

I would suggest against creating a new account and trying to get around the system
Old 02-19-06, 05:39 PM
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=)

Originally Posted by Nintend of America
NINTENDO CRACKS DOWN ON MAJOR U.S. PIRACY OPERATION

REDMOND, Wash., Nov. 1, 2004 – The U.S. District Court for the Western District of Washington has issued a temporary restraining order against the import and sale of video game systems containing counterfeit versions of Nintendo games being sold at numerous shopping malls.

In a major first step in its efforts to stop the sale of infringing products throughout the United States, Nintendo of America Inc. filed the action against two companies, its officers and employees after receiving tips from more than 400 of its loyal fans. In response to the specific court order, U.S. marshals will seize the counterfeit systems at shopping mall kiosks in the western Washington area. In addition, Nintendo is supporting numerous federal criminal investigations and U.S. Customs has seized tens of thousands of the infringing devices upon their entry into the country, all of which are assumed to be headed to malls across the United States for illegal sale.

The hundreds of thousands of products in question look identical to Nintendo® 64 controllers and plug directly into televisions, allowing users to play dozens of illegally pirated Nintendo games from the original Nintendo Entertainment System®, such as Donkey Kong® and Mario Bros.® Nintendo re-released many of these popular games, currently being pirated, as part of its Classic NES® Series, which allows its fans to play their favorite classic games on their Game Boy® Advance SP units. The bootleg products sell under the names "Power Player," "Super Joystick," "Superjoy" and "Powerjoy." As a result of the federal court order, Nintendo is urging all mall management companies around the country to immediately close the kiosks selling the illegal products.

"This action is one of many steps Nintendo is taking to protect its creative rights and to combat the growing international problem of product piracy," explains Jodi Daugherty, Nintendo of America's director of anti-piracy. "Nintendo won't tolerate these illegal products, and is grateful to its devoted customers. We'll aggressively protect the quality and integrity of the video game products our fans are so loyal to."

Daugherty added, "We're confident that mall management companies around the nation will provide their complete cooperation upon being informed of the court's decision."

Nintendo has information identifying kiosks distributing the illegal devices in malls in more than 40 states. They are often set up outside of Nintendo's legitimate retailers' stores. This is the largest piracy problem Nintendo has faced in the United States. Nintendo is still calculating the extent of its losses, but expects it to be in the millions of dollars, once the damage to both its reputation and the harm to relationships with its established business partners have been quantified.

The worldwide leader and innovator in the creation of interactive entertainment, Nintendo Co., Ltd., of Kyoto, Japan, manufactures and markets hardware and software for its popular home and portable video game systems. Each year, hundreds of all-new titles for the best-selling Game Boy® Advance, Nintendo DS™ and Nintendo GameCube™ systems extend Nintendo's vast game library and continue the tradition of delivering a rich, diverse mix of quality video games for players of all ages. Since the release of its first home video game system in 1983, Nintendo has sold more than 1.9 billion video games and more than 170 million hardware units globally, creating enduring industry icons such as Mario™ and Donkey Kong® and launching popular culture franchise phenomena such as Metroid®, Zelda™ and Pokémon®. A wholly owned subsidiary, Nintendo of America Inc., based in Redmond, Wash., serves as headquarters for Nintendo's operations in the Western Hemisphere.

For more information about Nintendo, visit the company's Web site at www.nintendo.com.
So eBay watches for auctions of these items, and shuts them down, since they violate a copyright. Not much you can do, I guess.
Old 02-19-06, 05:50 PM
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Have you called/mailed eBay inquiring about length of suspension?
Old 02-19-06, 05:53 PM
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I dont see how this violates a copyright. Have you tried calling ebay instead of the emails, assuming there is a number? I know that if they suspect it's pirated, burned, etc, they may suspend, but never heard of anything like this. Sounds bogus and like a misunderstanding to me.
Old 02-19-06, 06:07 PM
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how can it be infringement if its the actual original game / product ???

i sell old PC and video games all the time on there
Old 02-19-06, 06:13 PM
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Im assuming the company that makes powerjoy didnt buy rights to the nintendo games from nintendo
Old 02-19-06, 07:07 PM
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Originally Posted by JCFantasy23
I dont see how this violates a copyright.
From reading the previous post, it sounds like PowerJoy is not a legitimate product, but instead a device containing pirated software. If that is true, then it would be illegal for the OP to sell it on Ebay, even if he thought it was legitimate.

Ebay still shouldn't have suspended the OP's account without a warning letter. Maybe the thought taking it off the first time was a warning.
Old 02-19-06, 07:12 PM
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Give them a call and deal with this. Play out this issue and explain your situation to them. If you don't want to wait, create a new account and take the risks associated with that.
Old 02-19-06, 07:15 PM
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Alright, thanks. I had thought there wasn't an actual customer service number for eBay. I'll check into it, though.
Old 02-19-06, 07:26 PM
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Here's an eBay phone number that might get you to someone who can help: 1-888-749-3229 (PST 630am to 530pm)
Old 02-19-06, 07:32 PM
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I always wondered why I saw kiosks in the mall selling obviously grey market pirate versions of Nintendo NES/arcade games. I still can't believe the things made it to retail market, to the level of being on QVC and in shopping malls.
Old 02-19-06, 10:57 PM
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Originally Posted by GreenMonkey
I always wondered why I saw kiosks in the mall selling obviously grey market pirate versions of Nintendo NES/arcade games. I still can't believe the things made it to retail market, to the level of being on QVC and in shopping malls.
I imagine part of is it's all old 8bit games, that aren't making that much money off of them, if it were current next gen titles you'd hear more about it.

I'd also guess that with the new Nintendo system selling older games for download, they might have started cracking down.

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