Copyright warning from Ebay when selling CFW 3ds

Discussion in '3DS - Flashcards & Custom Firmwares' started by Ryan Warren, Feb 2, 2017.

  1. Ryan Warren
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    Ryan Warren Advanced Member

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    Sorry if this is the wrong place to post this. I got an email from ebay saying that my listing of a N3DS was taken down because of copyright violation from Nintendo. Here's part of the email.

    "After reviewing your eBay account, we've taken the following action:
    - Violating listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
    - We have credited all associated fees except for the final value fee for your listing(s).

    Your listing was reviewed after the rights owner notified us that your item violated their copyrights. We urge you to contact the rights owner directly for more information about why they requested the review of your listing and whether you can relist the item."

    Did they fine me for putting it up, also I don't know if it's because I was lazy and just snagged a photo from google images instead a picture of the actual product. Could it be the picture that violated the copyright or has this happened to anybody else.
     


  2. Zaide

    Zaide GBAtemp Regular

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    It wasn't the photo. No doubt they scan popular websites and shut down people trying to sell hardware that is set up for piracy. It's just good business practice for them to do so.
     
  3. Svaethier

    Svaethier GBAtemp Maniac

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    This is why I use a Facebook group to sell stuff these days as no one can copyright strike you for selling it on Facebook xD
     
  4. alex61194

    alex61194 GBAtemp Advanced Fan

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    wallapop is good too
     
  5. stompysan

    stompysan Member

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    They do the same for most homebrew-enabled consoles. PS3s will typically only advertise running 3.55 OFW, and finding sellers with RGH or JTAG material for the 360 is nearly impossible. I have personally been hit for selling my True Blue dongle back in the day.
     
  6. Ryan Warren
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    Ryan Warren Advanced Member

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    Thanks for the feedback guys. I guess I won't be able to sell it on Ebay unless I want to get my account banned.
     
  7. mechagouki

    mechagouki Kill 'em all...

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    Sold a CFW PSPgo on eBay less than a month ago, had CFW right in the item description, didn't have any issues. Might be a US only thing, I think eBay US and eBay Canada are separate operations now.
     
  8. Quantumcat

    Quantumcat Dead and alive

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    It just depends if someone reports the listing or not. If no one reports it you'll have no issue.
     
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  9. Distrance

    Distrance 矢澤にこ

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    But you can do more than just pirate with a modded console. Is it not the responsibility of the buyer what they do with the console and not the seller? So how can they take down a listing that sells a modified console .. That's like not allowing to sell guns or knives or what have you .. After all, you CAN kill people with those.
     
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  10. OrGoN3

    OrGoN3 GBAtemp Advanced Maniac

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    It's Nintendo, doing their monthly eBay search for A9LH and CFW, and DMCA'ing everything listed. Same thing happened to me over the summer. So, I waited until the holiday time when there were many more listings, too many to take them all down.

    No, were you not fined, but if your eBay account gets multiple DMCAs, it will be deleted/frozen/suspended.
     
  11. Searinox

    Searinox <3

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    I find it a bit amusing since under the current state of things, hacked consoles are no longer something only certain snowflake consoles with the right firmware can have, but any console on any firmware.
     
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  12. Majickhat55

    Majickhat55 The Red Woman

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    I would assume it's the picture. Otherwise there is nothing infringing copyright anyway. it's perfectly legal to mod a system, it's also legal to resell old ones on OFW (which I would assume would be more of a copyright than a hacked console). I've sold many of A9LH consoles on eBay and never had them taken down. You can try posting it on another countries eBay too. I was doing some investigating with those people selling pokemon as "digital items" which is technically copyright. How did they get around it? They claim you are buying a "guide" that will let you acquire said pokemon, when really they make you e-mail them and trade on a 3DS. They do end up sending you a piece of paper with the Pokemon info on it.
     
  13. Xiphiidae

    Xiphiidae [ˈzifɨˌdeɪ]

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    Circumventing copyright protection mechanisms (whether you pirate or not) is grounds for a DCMA, and is even illegal under some jurisdictions.

    You have no idea what you're talking about. Modding consoles can be illegal under some jurisdictions, and circumventing copyright protection is an infringerino (at least in the US and Australia).

    Not saying I approve of this, or that I'm against modding or even piracy, but it's important to be familiar with the law.
     
    Last edited by Xiphiidae, Feb 2, 2017
  14. davhuit

    davhuit GBAtemp Advanced Fan

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    It's been a long while. Got some listing removed a few years ago because I was selling some of my old systems, which had modchips installed.
     
  15. Ominous66521

    Ominous66521 GBAtemp Maniac

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    Well it doesn't matter now.Buy a stock 2ds for 60$ or a new 3ds xl for about 120$ im guessing and a 32gb sd card for 15$,then you can optionaly get a r4 card with a micro sd card for 40$ or less depending on where you buy it,do that and your set to hack the latest firmware from scratch.
     
  16. godreborn

    godreborn GBAtemp Addict

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    I plan on selling an a9lh system on ebay. it looks like there r several on ebay.
     
  17. Majickhat55

    Majickhat55 The Red Woman

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    Can be doesn't equate to IS, and no it's not illegal in the US to mod consoles that you own. It's a pretty grey area in terms of the law. EBay is just protecting themselves regardless. Selling modded consoles for profit is a different can of worms entirely, which he never got the chance to. Modding falls under the DMCA here in the US which is loose in terms of being successful in a courtroom argument. Reverse engineering of existing systems is expressly permitted under the Act under specific conditions. Under the reverse engineering safe harbor, circumvention necessary to achieve interoperability with other software is specifically authorized. See 17 U.S.C. Sec. 1201(f). Open-source software to decrypt content scrambled with the Content Scrambling System and other encryption techniques presents an intractable problem with the application of the Act. Much depends on the intent of the actor. If the decryption is done for the purpose of achieving interoperability of open source operating systems with proprietary operating systems, the circumvention would be protected by Section 1201(f) the Act. Cf., Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001) at notes 5 and 16. However, dissemination of such software for the purpose of violating or encouraging others to violate copyrights has been held illegal.
     
  18. OrGoN3

    OrGoN3 GBAtemp Advanced Maniac

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    The point of bypassing Nintendo's encryption is to do illegal things with it. Thus, it violates DMCA to bypass their encryption and to put on software that allows the playback of illegally obtained, copyrighted files (games).

    The DMCA is not for the picture, as pictures on resale sites are often stock.

    To reverse the DMCA, you'd have to prove, without a shred of doubt, that you bypassed Nintendo's AES encryption for the sole purpose of achieving interoperability with open source operating systems. Now, I have no idea what that means. Does it mean it's legal if you do it solely to run Windows 95?

    In any case, 99.9999% of the consoles hacked are done so for illegal activities that violate copyright law in nearly every country (or in fact in every country). Corporations will side with the DMCA issuer automatically for good faith. Prove your posting to be legal, and it can be reinstated. However, I feel that you are just grabbing at straws here and attempting to justify your right to post a DMCA-violated electronic device on eBay.
     
  19. Majickhat55

    Majickhat55 The Red Woman

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    Which is exactly why it's dependent on the intent of the user, as per the Act. Just because it could be used to commit a crime, doesn't mean it will or that is why it was created. It means it's not illegal to do period as long it's it's intended for personal use and not for sale or widespread consumption. Same reason why backing up your own games is legal but selling the ROMS wouldn't be.
     
  20. Xiphiidae

    Xiphiidae [ˈzifɨˌdeɪ]

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    It is if you're circumventing copyright protections by doing so. I suggest you read 17 U.S.C § 1201 over again: reverse engineering does not apply if doing so constitutes copyright infringement (which is does in this case; for example, there's a reason why Plailect's guide uses Magnet links for particular files).

    I don't disagree, but obviously Nintendo also doesn't want people to be able to pirate their property.

    The point is that it constitutes a crime in and of itself.
     
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