Policy Violation for enabling infringment?

Hey guys, 

 

Hope I'm posting in the right place to get some advice on this, this happened about 3 months ago but it's been on my mind because it still sits in my seller hub saying I need to get it resolved so it's been annoying me.

 

I was given a policy violation for enabling infringement. This was from a listing for a Nintendo switch console, where the title was along the lines of

"Nintendo switch 2 mario kart bundle, with mario party, and pro controller" 

 

Now I've read through the policy violation for enabling infringement and it says: 

  • Software or devices designed to circumvent copyright protections
  • Modchips designed to allow video game consoles to play pirated video games
  • Listing branded packaging and suggesting it be used to pass off counterfeit products as authentic
  • Satellite and TV descramblers, modchips, and other devices and software used to unlock, illegally load, or otherwise give free access to paid content are not allowed
  • Services or information about how to gain free access to paid content

I assumed the part of my post that flagged the system, or was reported was 

"No worries about the switch being used / or banned as all is sealed and was purchased from a legitimate UK vendor"

Due to the news having some articles about how some people who have played used switch games that were cloned were having their consoles banned and ebay have somehow misinterpreted the situation in thinking something illegal was done even the post doesn't suggest that. However, when I've discussed this with ebay I was told in an email

"Firstly, I would like to express my sincere appreciation to you for choosing eBay as your preferred marketing platform venue. I did make a review to the item that was being blocked, You are experiencing this blocked due to eBay does not permit the sell any counterfeit items, replicas, or unauthorized copies of item that is not allowed on the site. This can include copies or replicas of brand name items, bear the brand name, logo or trademark of a company that didn’t manufacture the item, etc. Items removed for this policy cannot be re-listed."

 

and then when I pushed further I got

 

"I completely sense that you have listed the item in good faith. Also, I have reviewed the item thoroughly and even referred other necessary details to ensure I am fetching you all the right information regarding the item. 

I would like to share that the reason why your listing was flagged is due to having unrelated brands on your listing title like Mario Kart and other unrelated brands to the main item you are trying to sell. 

If you are selling Nintendo Switch, kindly use only Nintendo brands on your listing title. Using different brand name to your listing can lead to confusion to some buyers and search engine.

You can make a new listing and use only the Nintendo branding and just write the Mario stuffs on its description to avoid being flagged.

I trust this information is helpful."

 

This obviously doesn't match the policy that they've mentioned I violated, but also there are tens of examples of people listing their items the way that they've said I shouldn't have and those listing stay up and sell. 

 

Any advice on what I can do in this situation ? Have I waited too long to do anything ? (bare in mind original violation was around Jul 25th of this year) 

 

Thanks for any help or advice 🙂

 

 

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Policy Violation for enabling infringment?

I'd say that you've left it too long to appeal your policy violation, so would just move on now. The listing will eventually stop showing as requiring action in Seller Hub. 

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