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by
Nancy L. Hix
Just
when you figure out how online auction sites make their
money--from listing fees and commissions--you get an email from
the site administrator telling you that one of your auctions
"has been closed due to a terms and conditions
violation." Closed how? What did it violate? Who told on
me? And why would they close an auction that had
commission-producing active bidding?
Close
That Baby
It can happen for a few reasons. One is that someone saw your
auction, thought it violated either the site's terms and
conditions or their own copyright (more on that below), and
notified the site. Then someone from the site viewed your
auction, agreed with the complaint, and ended the auction.
Another possibility is that the site conducted an automatic
"robot" search for words and phrases that might
indicate prohibited items for auction. Your listing came up, and
they closed it without a second glance.
The
Policy
Most of the online auction venues post a similar list of items
that you can't sell on their sites. Bootlegged recordings,
illegal software, firearms and illegal weapons, counterfeit
items, live animals--these and other items all are an auction
no-no, and will get your auction closed pronto. Keep it up, and
you might face legal action or loss of your site account. The
sites do this to protect themselves and the sellers. eBay even
has its own protection program in place to safeguard
intellectual property owners from infringement.
The
VeRO Way
eBay's controversial Verified Rights Owner (VeRO) Program helps
filter auctions for violations beyond just complaints or
"bot" searches. The program works to ensure that items
listed for auction do not infringe upon the copyright,
trademark, or other intellectual property rights of third
parties. VeRO participants may report and request removal of
allegedly infringing auction listings.
Any person or company
who holds such intellectual property rights, which may be
infringed by eBay auction listings, is encouraged to become a
VeRO program member. (More information is available at eBay's
VeRO page, where you'll find guidance on how to report
violations if you're an intellectual property owner and feel
your rights have been violated via an eBay listing.) VeRO
participants include large companies such as Microsoft, as well
as smaller companies and individuals.
Yahoo
Auctions
Yahoo Auctions seems to be getting tough when it comes to
pulling auctions. The
Auction Guild (TAG) received reports from users that the
site closed their auctions for infringements that the Yahoo
"bots" found. Apparently, if a site search uncovers
anything that even hints at being in violation, the auctions
(and sometimes seller accounts) get yanked. According to the
site's "Reservation of Rights," "Yahoo expressly
reserves the right to, but has no duty to, refuse, reject or
remove any listing in Yahoo's sole discretion." You can
appeal, but the chances of getting a response are slim. A better
course of action would be to change the auction to comply with
the rules, or not relist the item.
Amazon.com
Auctions
A user named Margaret had a book listed on Amazon.com Auctions
titled "Bitches & Zombies." The site yanked it
because the word "bitches" was not allowed. Margaret
didn't relist the book because she didn't want to list a book
without giving the title. Amazon.com notified another seller
that his listing for a vintage shot glass with graphics of
Indians (the highest number of ounces showed a drunken Indian)
had been pulled due to a site violation involving racist matter.
The seller did not appeal.
However, what about
folks who rely on selling these types of items for income? One
seller found a way around the "bad words in book
titles" problem. Amazon.com Auctions pulled her auction for
offensive content, so she relisted her book as "No Sh--!
There I Was." Some items, like the Indian glass, are best
disposed of entirely. Surely, there are less offensive things
available to sell.
Can
You Protest?
Yes, protesting is always an option, but in most cases, the
online auction sites will close the auction first and let you
ask questions later. If you feel your auction has been closed
without due reason, let the site know by clearly stating your
case in an email. If the closure was unfounded, you'll usually
have one choice: Relist the auction and the site will waive
listing fees. This also applies to auctions you had to modify in
order to remove the violation.
What
About My Bids?
Unfortunately, any bids on an auction ended early by the site
vanish into Never-Never Bidland. Even if you win the case with
the site, you lose your bids on the auction. Once you start your
auction over, it's up to you to let any of your previous bidders
know that the auction passed scrutiny by the site and your item
is once again on the block--this time legitimately and legally.
Cases
In Point
Jen Hassler of the Online
Auction User's Association used the word "banned"
in a book title that was a frequent target of site restrictions.
eBay discovered the listing, closed the auction, and notified
her. The site let her restart it after modifying her auction
description to remove the word "banned" from it.
In another case, eBay
received a complaint about an auction for a blouse where, in the
accompanying photo, the model's nipples were visible. eBay ended
the auction and the seller protested. She told them that the
model was a mannequin that didn't have nipples. She explained
that what looked like nipples were actually parts where the
shirt poked out. eBay allowed her to relist the auction with no
changes to the description or the photo.
The rub? Before eBay
pulled the blouse auction, two buyers were engaged in a bidding
war and the seller stood to make a nice profit. However, the
bids self-destructed when eBay closed the auction. The
frustrated seller had to contact the bidders and offer the
embarrassing explanation for eBay's action. By then,
unfortunately, both had lost interest.
Another seller, during
her first week of listing, received an email from eBay
indicating that the site had closed her auction. The email from
eBay contained a link to what apparently was a trademark
attorney's Web site. She didn't realize that the outfit she had
listed as a "Tommy Hilfiger" was actually a fake.
She's still not sure it was a fake, but, as she put it, "I
was new and tres confused!" She didn't relist the
item.
The
Bottom Line
Know the site's policy on what you can and can't list, and stay
away from listings that could be confused as such. Even when
you're not guilty, the burden of proof will be on you, and you
stand to lose. No sh--.
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