At 10:58 AM -0700 4/7/2011, bill wrote:
I listed for sale on eBay a Mac OS 10.4.3 Tiger DVD that I had misplaced, and finally found. I bought 10.5 already, so I just wanted to sell the old DVD. I have the original DVD and the original sleeve.
Is this a shrinkwrapped retail release of Tiger? Or is this the disc included with a purchased Mac?
But eBay took it down, saying they received a request from the BSA to remove it.
Yea.
But there are still hundreds (thousands?) of Mac OS DVDs for sale on eBay.
So?
I get the impression that eBay allows people to sell their Mac OS, it's fine with eBay, and that BSA must be asking them to remove specific listings, going thru them one by one
Correct. eBay is a common carrier venue, as it were. As long as you don't break one of their rules, the listing is fine.
However, eBay is also required to obey the DMCA. Under it, a verified rights holder -- an individual or company legally authorized (in this case by Apple) to handle the rights to a product, can issue a "take down" notice. eBay is then required to immediately remove the item in question.
If you want it reposted, then you have to deal thru the rights holder.
Have you heard of this? I would like to let people know this is happening.
It's been happening for quite a few years and is quite legal. It is fully described in eBay's rules and help sections. It has been discussed to death in eBay's forums and elsewhere.
I'll try listing it again.
Yea, go for it. And if you get slapped again, eBay will probably start taking action to shut down your account, perhaps permanently. Not a good plan.
IF the Mac OS X disc is part of a *retail* kit then notify the BSA and have them correct the situation.
IF the Mac OS X disc was bundled as part of the Macintosh... then consider yourself LUCKY that you haven't been nailed for the copyright violation. And don't forget to hide your eye patch!
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