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Nintendo Ninjas deleted my eBay offering [see staff post]
- Thread starter Deleted member 49166
- Start date
eBay was acting on an allegedly false claim from Nintendo, that the Switch in question was violating Nintendo's IP.
eBay wouldn't be at fault here for taking Nintendo's agent at its word, but Nintendo could be on the hook, as I originally stated. That's why I said I would start with a C&D to Nintendo's agent (would probably include a demand for a retraction of the false claim), and the follow-up step would be small claims.
I'm assuming OP is in the US. If OP simply stated that the Switch was a system that could be hacked, it wouldn't fall under eBay policy. If OP advertised that the Switch could be hacked and you should buy it because you could use it to get FREE GAMES that would fall under eBay policy.
Key here is that OP's listing wasn't taken down because of the above policy. OP's listing was taken down because Nintendo's agent made a claim that it was infringing Nintendo's IP (a direct claim that OP was violating the law).
It is those actions that could make a tortious interference cause of action viable, depending on the state that the OP lives in.
The above could certainly be true.
I think I view it more as a guideline on what they consider to be inappropriate and will err on the side of caution if there's any potential for issues with whoever is requesting them to remove it. Obviously if it's Nintendo and they reach out and say they're not cool with it, I think there's enough in eBay's policy, for me at least, to rationalize the removal of said auction. Do I like it and/or agree? Not at all, but I can see it being applicable in this specific example.
The links to eBay's TOS in this thread suggest that is more up for debate than you are suggesting. Regardless, my post was not about that, but about you suggesting that this was done solely with the intention of preventing more people from selling their consoles used. There is no evidence of that.
TOS prevents you from selling modded devices, not devices that COULD be modded...which is pretty much every device.
It is against Nintendo's user policies to modify the hardware in any way for any purpose.
Cool, still not illegal by law. Nor is playing bought games emulated, for instance.
Assuming you ripped the game yourself. But what does the law have to do with eBay policies?
Yeah, any mention of modding typically results in your listing getting removed. It's better to just list the firmware, date code or revision.
You really want to have a buyer that knows what they're going to be doing, so they should be savvy enough to know that a Switch you bought in 2017 can be modified. Let the buyer come to you.
You really don't want a buyer who has no idea what they're doing, but will buy a Switch that's "moddable" and could damage the console trying to mod it and then blame you for it. eBay can give you an unexpectedly hard time in the case that you have to protect yourself, since your listing specifies modding which is strictly against their terms.
You really want to have a buyer that knows what they're going to be doing, so they should be savvy enough to know that a Switch you bought in 2017 can be modified. Let the buyer come to you.
You really don't want a buyer who has no idea what they're doing, but will buy a Switch that's "moddable" and could damage the console trying to mod it and then blame you for it. eBay can give you an unexpectedly hard time in the case that you have to protect yourself, since your listing specifies modding which is strictly against their terms.
The whole thread is about Nintendo and eBay policy. Not the law.
OP
OP
I'm not in the US. I did the listing in that way, because I got frequent requests about the serial number etc. so I wanted to skip answering those questions.
I made the OP because I didn't like that someone (most likely a bot) takes actions against me despite not having modded my Switch nor having done anything illegal. And I don't like eBays messy process, even stated my account can be banned in case it will haben again, despite leaving no way to dispute the claim!
This, in line with the take down of youtube videos about homebrew (e.g. ModernVintageGamer) caused by appearently random bots is what I wanted to highlight.
What is this thread about?
It is well known that eBay has it even in their policy that mentioning something like modifying is not allowed.
So just put it up again without this part.
Anyway it is easy to break the Switch by modifying it, the buyer could try to turn it against you if the Switch breaks and you mentioned it is modifiable. And let's be honest many try to modify their Switch for pirating games, and someone who is pirating games will be probably ok to give an eBay seller a hard time too if he see a chance to get his money back.
Anyway many "wannabe modders" don't know much about the subject, especially that their account and their hardware could be instantly banned if they ever go online with a modded Switch.
It is well known that eBay has it even in their policy that mentioning something like modifying is not allowed.
So just put it up again without this part.
Anyway it is easy to break the Switch by modifying it, the buyer could try to turn it against you if the Switch breaks and you mentioned it is modifiable. And let's be honest many try to modify their Switch for pirating games, and someone who is pirating games will be probably ok to give an eBay seller a hard time too if he see a chance to get his money back.
Anyway many "wannabe modders" don't know much about the subject, especially that their account and their hardware could be instantly banned if they ever go online with a modded Switch.
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OP
OP
It's already sold and it wasn't taken out by eBay, it was taken out due to IP infringement claims by Nintendo, which I haven't violated.