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I'm the winning bidder & I'm refusing to pay!

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miston

Junior Member
I'm the winning bidder & I'm refusing to pay $1500 for a $15 CD!

What is the name of your state? Mississippi

I saw a person selling a used music CD on EBAY. The CD can be purchased brand new in most music stores for around $15. The seller stated that as a bonus the winning bidder will recieve an unauthorized bootleg DVD from a concert of the same band. (somebody sneaked a video camera into the concert and recorded it) He further stated that he contacted EBAY and they said that as long as he is just giving the bootleg recording away and not selling it, that he would not violate EBAY's policy of not being able to list bootleg recordings for sale.

This same band authorizes its fans to audio record its concerts and distribute them freely, AS long as they do not sell them. We as fans of this band are VERY grateful that they allow us to record, trade, and collect these concerts. But we do NOT sell them, we trade and download them for free.

The band does not allow for fans to video tape concerts. The audio on this DVD was from an authorized audience recording. The band has also stated that it wishes its fans NOT to trade these bootleg DVDs.

When I saw the auction, the bid was over $50. The fact that someone was trying to make money off of these bootleg recordings infuriates me!! When someone makes money off of these recordings and the band does not receive a cut, it jeopardizes the fans ability to record and collect future live performances.

I and other fans started bidding up the auction to unreasonable amounts. I ended up the winning bidder at a price of around $1500!

When I placed the bid I was under the assumption that the auction was not valid, since it violated EBAY's policy of offering bootleg recordings for sale. He did state that EBAY said it was alright, but I did not believe this. If this was the case, than one could sell ANYTHING on ebay, regardless of any policies against it. Example:

For sale, one used paper clip. As a bonus the winning bidder receives free child pornography.

It is obvious that the previous high bidder of $50 was paying the premium not for the $15 cd, but for the hard to come by bootleg DVD. Since bootleg DVDs are prohibited and restricted items for sale, isn't this auction void?

In anycase, I am refusing to pay $1500 for a used CD that costs $15 brand new in any music store. Seller is threatening litigation. Should I be worried?
 
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miston said:
What is the name of your state? Mississippi

I saw a person selling a used music CD on EBAY. The CD can be purchased brand new in most music stores for around $15. The seller stated that as a bonus the winning bidder will recieve an unauthorized bootleg DVD from a concert of the same band. (somebody sneaked a video camera into the concert and recorded it) He further stated that he contacted EBAY and they said that as long as he is just giving the bootleg recording away and not selling it, that he would not violate EBAY's policy of not being able to list bootleg recordings for sale.

This same band authorizes its fans to audio record its concerts and distribute them freely, AS long as they do not sell them. We as fans of this band are VERY grateful that they allow us to record, trade, and collect these concerts. But we do NOT sell them, we trade and download them for free.

The band does not allow for fans to video tape concerts. The audio on this DVD was from an authorized audience recording. The band has also stated that it wishes its fans NOT to trade these bootleg DVDs.

When I saw the auction, the bid was over $50. The fact that someone was trying to make money off of these bootleg recordings infuriates me!! When someone makes money off of these recordings and the band does not receive a cut, it jeopardizes the fans ability to record and collect future live performances.

I and other fans started bidding up the auction to unreasonable amounts. I ended up the winning bidder at a price of around $1500!

When I placed the bid I was under the assumption that the auction was not valid, since it violated EBAY's policy of offering bootleg recordings for sale. He did state that EBAY said it was alright, but I did not believe this. If this was the case, than one could sell ANYTHING on ebay, regardless of any policies against it. Example:

For sale, one used paper clip. As a bonus the winning bidder receives free child pornography.

It is obvious that the previous high bidder of $50 was paying the premium not for the $15 cd, but for the hard to come by bootleg DVD. Since bootleg DVDs are prohibited and restricted items for sale, isn't this auction void?

In anycase, I am refusing to pay $1500 for a used CD that costs $15 brand new in any music store. Seller is threatening litigation. Should I be worried?
Well you are complaining that everyone was bidding to get this "DVD". What were you bidding on ,if you could get it new at the store? If you felt it was illegal why did you participate in illegal activites. You should'nt have placed a bet you were not willing to pay for. You are most likely just jealous that he got away with it and you didnt. I would think that by bidding you were verbally contracting to buy the item if you won.As far as I know verbal contracts can be inforced in small claims court. Anyone feel free to correct me if I am wrong. Bottom line pay for it or prepare to defend yourself in court. One bit of advice! I would make the story sound a lot better next time.
 

BRprojects

Junior Member
No, you don't have anything to be worried about. Contact ebay, they will resolve it and take your side. It sounds like you bidded so that he wouldn't be able to sell it for a profit. Just seems like you attempted to take a stand for your belief, which happends to be admiring and is somehting you can't get in trouble for as it is HIM who as at fault. However, you MUST email ebay and tell them about it.
 

kat1963

Senior Member
Take the negative & get out of the E-bay sandbox. If you find something illegal or questionable you report it, you don't bid on it. DOH!!!
My guess this would auction would have been just fine with you if it had ended at 50 bucks....but you got the bidding fever & just had to keep going didn't you?
KAT
 

djohnson

Senior Member
kat1963 said:
Take the negative & get out of the E-bay sandbox. If you find something illegal or questionable you report it, you don't bid on it. DOH!!!
My guess this would auction would have been just fine with you if it had ended at 50 bucks....but you got the bidding fever & just had to keep going didn't you?
KAT

I agree, you were in the wrong and made the situation worse and brought more attention to it, then made the worth of the bootleg copy worth more so now he will make more when he puts it up for auction. If you had a problem you should have reposrted it not taken the law into your own hands. He could sue, anyone can sue, but it would be difficult if you are in different states and may not be worth his time or effort or money. You will get a negative and it will stand and it should. Hopefully you will get kicked off of ebay eventually.
 

stevek3

Member
You mean my winning eBay bid for chicks from Hitler's top-secret dodo bird breeding program has been deemed to be invalid? Then what am I going to get my boy for Christmas?
 

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