EBay for Dummies (35 page)

You also can’t own or sell those agencies’ identification cards or credential cases or those really cool jackets they use in raids. Selling a copy or reproduction of any of these items is prohibited, too, because these items are copyrighted (see the section on infringing items in this chapter).

If you find a badge that’s legal to sell and own, you need to provide a letter of authorization from the agency. The same letter of authorization is required for fake badges, such as reproductions or movie props.

Replicas of official government identification documents or licenses:
Birth certificates, drivers’ licenses, and passports fall into this category.

Current vehicle license plates or plates that claim to resemble current ones:
Note that expired license plates (at least 5 years old) are considered collectible — as long as they are no longer valid for use on a vehicle.

Locksmithing devices:
These items can be sold only to authorized recipients. Federal law prohibits the mailing of such devices.

Human parts and remains:
Hey, we all have two kidneys, but if you get the urge to sell one to pay your bills, eBay is not the place to sell it. You can’t sell your sperm, eggs, blood, or anything else you manage to extricate from your body. What’s more, you can’t even
give
away any of these items as a free bonus with one of your auctions.

Drugs or drug paraphernalia:
Narcotics, steroids, or other controlled substances may not be listed, as well as gamma hydroxybutyrate (GHB). Drug paraphernalia includes all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance, including 1960s-vintage cigarette papers, bongs, and water pipes.

Anything that requires a prescription from a doctor, a dentist, or an optometrist to dispense:
Listen, just because it’s legal to use doesn’t mean it doesn’t require special permission to get. For example, even though penicillin is legal to buy in the United States, only a doctor can prescribe it — which is why, when you get sick, you have to stand in that
loooong
line at the pharmacy sneezing on all the other sick people. And if you’re looking for Viagra auctions on eBay, don’t even
go
there.

Stocks, bonds, or negotiable securities:
Nope, you can’t sell stock in your new pie baking company or an investment in property you may own. And if you’re thinking of offering credit to someone, you can’t do that either. (Note that antiques and collectible items are permitted.)

Bulk e-mail lists:
No bulk e-mail or mailing lists that contain personal identifying information. You may not even sell tools or software designed to send unsolicited commercial e-mail.

Pets and wildlife, including animal parts from endangered species:
If you’ve had it with Buster, your pet ferret, don’t look to eBay for help in finding him a new home. And you can’t sell your stuffed spotted owls or rhino-horn love potions, either. If you’re in the animal business —
any
animal business — eBay is not the place for you.

Child pornography:
Note that this material is strictly prohibited on eBay, but you can sell other forms of erotica. (See the section later in this chapter about questionable items.)

Forged items:
Autographs from celebrities and sports figures are big business — and a big opportunity for forgers. Selling a forgery is a criminal act. The state of New York is taking the lead on this issue, investigating at least two dozen suspected forgery cases linked with online auctions.

If you’re in the market for an autograph, don’t even consider bidding on one unless it comes with a
Certificate of Authenticity
(COA). Many sellers take authenticity so seriously that they give buyers the right to a full refund if any doubt about authenticity crops ups. Figure 9-4 shows an item that comes with a COA from an auction on eBay. Find out more about authentication services in Chapter 16.

Items that infringe on someone else’s copyright or trademark:
Take a look at the very next section for details on infringing items.

Satellite and cable TV descramblers:
Although the Internet is loaded with hardware and instructions on how to get around cable TV scrambling, eBay prohibits the sales of anything in this arena. After all, it is illegal to get around these technologies.

Stolen items:
Need I say more? (Seems obvious, but you’d be surprised.) If what you’re thinking about selling came to you by way of a five-finger discount, fell off a truck, or is hot, don’t sell it on eBay.

Ignorance is no excuse. If you list an item that’s in any way prohibited on eBay, eBay will end your auction. If you have any questions, always check eBay’s Trust & Safety department at
pages.ebay.com/help/policies/items-ov.html
.

Infringing items

In school, if you copied someone’s work, you were busted for plagiarism. Even if you’ve been out of school for a while, you can get busted for copying someone else’s work. Profiting from a copy of someone else’s legally owned
intellectual property
is an
infringement
violation. Infringement, also known as
piracy,
is the encroachment on another person’s legal ownership rights on an item, a trademark, or a copyright. eBay prohibits the selling of infringing items at its site.

All the legal mumbo-jumbo, translated to English, comes down to this: Profiting from someone else’s idea, original work, or patented invention is very bad and can get you in hot water.

Here’s a checklist of no-no items commonly found at the center of infringement violations:

Music that’s been recorded from an original compact disc, cassette tape, or record.

Movies that have been recorded from an original DVD, laser disc, or commercial VHS tape.

Television shows that have been recorded off the air, off cable, or from a satellite service.

Selling a used original CD, tape, commercial VHS movie cassette, DVD, or CD-ROM is perfectly legal. Some television shows have sold episodes on tape; you can sell those originals as well. But if you’re tempted to sell a personal copy that you made of an original, you are committing an infringing violation.

Software and computer games that have been copied from CD-ROMs or disks (and that includes hard drives — anybody’s).

Counterfeit items (also called
knock-offs
), such as clothes and jewelry, that have been produced, copied, or imitated without the permission of the manufacturer. (Bart Simpson knock-off T-shirts abounded in the early ’90s.)

If you pick up a brand-name item dirt cheap from a discount store, you can check to see whether it’s counterfeit by taking a look at the label or comparing it on the Web with like items. If something isn’t quite right, the item is probably a knock-off.

Trademark and copyright protection don’t just cover software, music, and movies. Clothing, toys, sunglasses, and books are among the items covered by law.