The eBay Blacklist
eBay can be most likened to an online flea market. But, as with
most flea markets, there is always the possibility that
questionable hawkers lurk around the corners. Therefore, there
must be rules in place to insure that the auctions and
transactions formed through eBay are legal. Only then can a
market - online or not - flourish.
Certain types of items are prohibited or regulated on eBay. eBay
reserves the right to terminate auctions that violate its
specifications for allowed items on listing. In the case of
such, eBay emails the bidder and the seller to notify them of
the violation and to explain the need to terminate the auction.
eBay's policies describe items that may not be posted for
auction. They fall under three categories: Prohibited
Questionable, and Potentially Infringing.
Prohibited This describes items that are not permitted on eBay.
This list includes alcohol, tobacco, drugs, animals, human parts
or remains, government properties, lottery tickets, and others.
eBay contains a complete list of such in their policy statement.
Questionable Items listed as questionable can be posted provided
they follow certain conditions. For example, some adult material
may be listed for auctioning only if they are posted in the
Mature Audiences section of eBay. Event tickets may be sold
provided that the auction closes before the actual event itself.
The list also includes batteries, artifacts, food, used items,
event tickets, weapons and knives, police related equipment,
Freon, hazardous chemicals, offensive material, mature audiences
material, international selling, and international buying among
others.
Potentially Infringing Items listed under this heading may be
legal. However, they almost always violate copyright, trademark,
and other rights. Some examples of such are: academic software,
beta software, bootleg recordings, contracts and tickets,
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downloadable media, movie prints, OEM software, Replica and
counterfeit items, and unauthorized copies.
This list is updated periodically and is incorporated into the
User Agreement of eBay. These guidelines do not represent legal
advice. It would do well to check with law enforcement agencies,
a lawyer, or other legal outlets to verify the legality of a
questionable item to be posted. This policy applies even if you
offer to give your item away for free. As long as it is posted
on eBay, it is subject to the abovementioned policy.
As a final note, it is stressed that the buyer if subject to
liability if he or she purchases an illegal item. It is still
the responsibility of the buyers and sellers to monitor the
legality of their transactions since eBay is merely a
facilitator in the market process.
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