Another eBay VERO question - abuse by Echostar?

What is the name of your state? CO

I've searched around for this topic and can't seem to find one exactly relative.

eBay and now Yahoo have both canceled my auctions for used Echostar equipment. Echostar's VERO rep. would only tell me that the listing violated their trademark or copyright but could not give me any more information due to "security reasons". The only hint he would give me is that I should brush up on Intellectual Property Laws, so I did and yet I am still confused.

Here is the listing, exactly as it appeared: hxxp://www.zorlac.net/satauction.html

(Please cut & paste, then replace hxxp with http. I don't want search engines linking to my site.)


I'm really confused as to what I'm doing wrong? Echostar refuses to tell my why it's infriging so that they have the upper hand and can continue canceling my auctions. eBay was slightly more helpful and gave me an address I could use to send a subpeona for the documentation provided by Echostar to eBay's VERO program. In the mean time, there are hundreds and hundreds of current and completed auctions that are exactly like mine!


I really don't want to have to spend the money or time to get a subpoena to find out a simple answer to a simple question.


After reviewing complaints here and at other intel. law forums, the only thing I can think of is that Echostar/Dish Network do NOT make the receivers I am selling, they are actually made by JVC. They work WITH Echostar satellite services. Could that be enough for them to cite copyright law and cancel my auctions?


Thank you in advance.

-Zorlac

Holy frustrating experiences, Batman! (Batman is a registered trademark of DC Comics.)

Yahoo just replied with this absurdity:

Dish Network has notified Yahoo! that you are posting content on Yahoo! Auctions, which appears to contain material copyrighted by Dish Network. Dish Network also has notified Yahoo! that it did not authorize any such use of its copyrighted material on Yahoo! Auctions.

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OK, here's the link again: hxxp://www.zorlac.net/satauction.html

Am I missing something here? What copyrighted material are they referring to?

1. I took the pictures, which fall within all fair use terms listed on the government copyright web page.

2. All other information given about the receiver & card was taken from the receiver's diagnostics menu when I plugged it in to verify proper operation.

3. The statement "Updated to latest firmware!" is in regards to the firmware that is automatically updated when the receiver is connected to a Dish Network satellite dish that is pointed at the 119 bird. That update is done without the access card in, and completely automatically. You don't even have to be a subscriber, as firmware information is broadcast freely and un encrypted!


Anyone have a clue what they could be referring to?

When I asked for more information, this was their response:

Your auction was recently removed by Yahoo! due to concerns regarding the intellectual property rights of a third party -- and pursuant to our Terms of Service. Yahoo! respects both the rights of intellectual property rights holders and the interests of its users. We believe that this matter can best be resolved between you and the intellectual property rights holder or his/her agent.

If you have questions or concerns, please contact Dish Network at:

By email: [email protected]

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I've gone down that dead-end road before, but I emailed them again from a different address just for the hell of it.