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Last Post Nov 3, 2009 6:59 AM by: rfmtm
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historyoncd
Posts: 29

Concerned about VeRO? Read this to help!

Oct 25, 2002 7:44 AM
Okay, there's been a lot of misinformation floating around about VeRO and obviously even more questions about it. In an effort to get some of these issues clarified I have requested that Mike Jacobson (eBay's legal counsel) host an eBay Workshop on VeRO.

If you'd like the opportunity to learn more about VeRO and be able to ask direct questions to the folx responsible for the program, then you need to email bo@ebay.com and request a VeRO workshop.

For more information on workshops visit: Link

Peace,

HistoryOnCD
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omnicat!
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 7:54 AM
good work, history. Hopefully, they'll sticky-tape this thread to the top!
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historyoncd
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 9:55 AM
Hopefully, they'll sticky-tape this thread to the top!

That would be great, but do any of the pinks actually check this board?

I know the board description claims they do, but in October there have been a total of two threads in this board posted to by Kelly. And the last one was on October 5th.

-Aahz
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omnicat!
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 10:03 AM
hmmm - you mean we're unsupervised!!

Let's have a party!!!

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historyoncd
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 8:06 PM
Oops, it was Kelley, not Kelly. Just emailed Kelley and asked to stickify this thread :)
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kelley@ebay.com
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 8:58 PM
Not so fast, omnicat! All right, I put some glue on this thread, so it will stay put.


More to the point, I will pass on your request for a workshop to Deirdre, who schedules them. Of course, we will have to find someone to host it. historyoncd, we can check with the Legal Department to see who has the VeRO oversight.

For anyone who wants to know what is on the site about the VeRO program, the information is here. It's a little difficult to find, at least, it was for me, so I bookmarked it. You may want to, also.

Kelley,
eBay Community Development
To contact eBay, click here




To contact eBay, click on "Help" on the Navbar at the top of your screen. "Contact Us" is on the left.

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historyoncd
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 9:05 PM
Thank You Kelley!!!

Wow, 53 minutes from my email to stickiness! Kelley's officially my favorite pink!

Besides, you gotta love this quote: "It's a little difficult to find, at least, it was for me"

According to the "About eBay -> Management" Page it's General Counsel Mike Jacobson, but I'd be happy with anyone in the VeRO department.

Peace,

Aahz
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mousewink
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 9:30 PM
Great idea.

I recently had a CD listing pulled as "unauthorized," yet it remains available Half.com and other very large sites, including the labels own website. At least that time I got a response from the VeRo holder.

I would also like to know how exactly a the resale promo violates copyright.
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mousewink
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 9:33 PM
Pardon the grammar. It's late :)

That should read: I would also like to know how exactly the resale of a promo violates copyright.
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historyoncd
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 10:06 PM
I would also like to know how exactly the resale of a promo violates copyright.

It doesn't actually violate copyright law. Technically promo CDs and videos remain the property of the label. They are 'loaned', not given. So it's not your property to sell.

Not saying I agree, but that's the argument.

Peace,

HistoryOnCD
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kelley@ebay.com
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 10:42 PM
OK, folks. For a Workshop on VeRO: What are the points you want covered? Would you make a list of them, so that we can put something together that will meet your needs? Check the link in my earlier post for the information about the program, and follow the links on the page for additional information, then come back and post your questions. I will collect them from this thread and give them to the person who will hold the workshop.

How's that? Sound good?

Kelley,
eBay Community Development
To contact eBay, click here




To contact eBay, click on "Help" on the Navbar at the top of your screen. "Contact Us" is on the left.

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historyoncd
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 10:51 PM
Sounds good, but gimme a minute to make a list :)
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historyoncd
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Re: Concerned about VeRO? Read this to help!

Oct 25, 2002 11:24 PM
Okey doke, here's 15 things to get us started:

1) When an auction is pulled due to a VeRO report, why isn't the seller given the specific information supplied to eBay by the VeRO Member? According to the Report Of Infringement, the VeRo Member must state what IP, specifically, has been violated. This information should be passed on to the seller so that he can better repair the situation and/or avoid it in the future.

2) When I emailed eBay informing them I wanted to dispute a VeRO claim, I received an email telling me to email and ask for a Counter Notice. Why not just email the Counter Notice at that point? It took an additional 36 hours+ to receive the Counter Notice, which made it the weekend, essentially adding 4 days to this ordeal for no apparent reason.

3) Why is the Counter Notice Form no longer available on the website?

4) Why do you give repeated and strenuous warnings regarding the risks of filing a Counter Notice? It seems you're trying to strongly discourage sellers from completing this form.

5) Is there any tracking of VeRO members to assure they're only filing claims when they should be?

6) There was a report on the boards that the email address supplied to contact a VeRO member was no longer active. Can anything be done about this? Where should it be reported?

7) To your knowledge, is there any way to sanction a VeRO member who falsely accuses people without grounds (ie. slander, libel, restraint of trade)? Or any legal recourse on the sellers part?

8) What, exactly does the 'ended auction' notice sent to bidders say when an auction has been pulled due to a VeRO report?

9) If it is found that an auction was pulled by mistake, is anything sent to the former bidders to restore the sellers reputation?

10) Could you, please, require VeRO members to post some type of About Me page. You're giving them a lot of power without any accountability.

11) Since the seller's personal contact information is made available to the VeRO member, the VeRO member's personal contact information should be made to the seller. I don't mean an individual's home phone number, but a company mailing address, phone and fax.

12) Is any investigation done between a VeRO member filing a report and eBay's pulling of the auction?

13) Could the person at eBay who decide to pull an auction, please sign the 'whyended' email? It's assuring to know there's a person making a decision somewhere.

14) Notifications of auctions ended due to a VeRO report should be sent from the veroended rather than the whyended email address.

15) A simple overview of a VerO case's chain of events would be nice. For example: a)VeRO member files repot, b)ebay examines listing, c)if determined appropriate, auction is ended and seller is notifed, d)seller contacts VeRO member to resolve issue, e)if not resolved, seller files Counter Notice, f)etc..

Alright, several are more suggestions then points to be covered, but since I know I've got someone's attention for the moment I'm throwing in everything :)
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treff2
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Re: Concerned about VeRO? Read this to help!

Oct 26, 2002 8:05 AM
Geez History, I'm trying to think of more things, but I think you've covered about all of them, have to put my thinking cap on now :).

I guess one would be why the changing of the wording on the counter-notice? Instead of just stating plainly the process of the notice, and consequences it is very vague and like History says - discouraging to the individual seller on eBay.
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historyoncd
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Re: Concerned about VeRO? Read this to help!

Oct 26, 2002 8:52 AM
Have I mentioned I'm an obsessive personality? :)

Here's a few more...

16) I am an Intellectual Property owner, do I have to wait until an infringing item is listed to join VeRO? It seems like it from the documentation.

17) Your Notice of Infringemet (Addendum) seems a little too simplified. According to the NOI "instructions", in order to qualify under the Digital Millennium Copyright Act, a report must include both "Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a singe online site are covered by a single notification, a representative list of such works at that site.
" and "Identification of the material that is claimed to be infringing", yet the Addendum simply asks for Item # and "Infringed Work or Right" with a very small space to list info.

18) You have a special email address set up for VeRO members to make reports. Why don't you have a special email address for buyers to refute a VeRO report. And if youdo (veroended?) why not included this in the original whyended email

19) The following phrase (clause?) is included in the Counter Notice: "II. Consent to Federal Jurisdiction. I consent to the jurisdiction of the Federal District Court for
the address provided below, or if such address is outside the United States, I consent to
jurisdiction of the Federal District Court, County of Santa Clara, California.
Does this mean that if the VeRO member decides to file suit they must do so in the seller's locale (or Santa Clara County if not US-based)?

20) Can anyone become a VeRO Member without presenting any proof that they have some connection to the IP being claimed? (Ie, I'm obviously not Disney, but how do you know if I actually own the copyright on spoken word CDs being released in San Jose?)

21) What happens if a VeRO member disputes the seller's Counter Notice, but doesn't file a lawsuit/start criminal proceedings against a seller?

22) I know a seller can be suspended for relisting an item pulled due to a VeRO report without approval, but can a user be suspended for receiving too many VeRO reoprts (from different VeRO members and/or for different items)?

23) Are non-US entities who have IP in their country of origin able to join VeRO? Does the Berne Treaty come into effect?
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