Worth noting are the auctions listed by the OP were items largely manufactured within the last 10 years. There are currently at least 54 NFR Nintendo 64 cartridges listed and they haven't been yanked. So take that for what it's worth.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
Just so you know, NOA has nothing to do to C&D's but their clueless Law Firms they hire. I've gotten Chrome game apps pulled because it mentions is a Nintendo, Super Nintendo game, Even if I own the rights.
I've gotten them from 2 different law firms, and they just go at whatever, without the slightest amount of research to see if they are actually right.
So you can ask ebay to tell you both the IP address and the email from the individual that made the claim (get them over the phone) as you need to do a deep investigation.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Right. I read you loud and clear.
We'll never find out who "owns" the property without digging up an old legal document between NoA and, let's say for instance, Electronics Boutique, detailing the distribution caveats of NFR items.
Looks like I'm not the only one who feels this is an Ebay member whether it be buyer or seller. A big problem I always face with finding and buying my carts is the actual source. Once you find that "It's all about the Benjamins baby." Not the kind of money you make but the kind you dump. Over the last 4 years of being extremely focused on the NFR sets sourcing is by far the hardest. Everyone wants to find your source and when you are reluctant to reveal it things become toxic fast. Last time with the Pokémon Distribution removal I provided Ebay stacks of documentation. Provided numbers to directly connect with NOA reps in regards to further questions. We established the reasoning behind the Not For Resale carts and reason they were marked like such. Along with this they removed the flag and left the rest of the NFRs alone. Yesterday when calling they were able to see that this has happened in similar fashion but was sided in my favor. Right there you would think if NOA gave me the ok on nfr's but left Pokémon Carts unmentioned I would be free to continue selling at least the nfrs. I was for over a year now with no problems.
Believe it was 100% another seller trying to make room for himself. It is just the nature of competition to some which feels like a threat. It is amazing how far some will take things to sell games. I will keep everyone posted on the findings over the next few days. Next should be a response letter from NOA. If not Ebay will be required to write this off as a incorrect policy violation. I have a good feeling there will be no NOA response because it was the doing of a Ebay member.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
If you read the article above you will see how a previous court case went simular this. NOA collects the carts and sells them off in bulk at the Nintendo Garage sale and to distributors. Some may be destroyed but I can not confirm that.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
If you read the article above you will see how a previous court case went simular this. NOA collects the carts and sells them off in bulk at the Nintendo Garage sale and to distributors. Some may be destroyed but I can not confirm that.
On DP a Nintendo employee sold things from that annual garage sale. He was fired for conduct unbecoming of a Nintendo employee.
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
If you read the article above you will see how a previous court case went simular this. NOA collects the carts and sells them off in bulk at the Nintendo Garage sale and to distributors. Some may be destroyed but I can not confirm that.
On DP a Nintendo employee sold things from that annual garage sale. He was fired for conduct unbecoming of a Nintendo employee.
The items left over that go unsold from the garage sale are sold in bulk to distributors. Prior to selling the bulk to distributors it was given out to NOA reps and store managers/employees.
Jaxsbox, there aren't enough not for resale games from that garage sale that would be sold to distributors...and there are multiple garage sales, not just the one, they are location based.
Also, this is just like when eBay wouldn't allow prototypes to be sold for years but now are ok with them for some reason....they wouldn't allow import Dreamcast games to be sold on their site either. (Sega complained and I lost an account that way, no joke) I've had accounts suspended for selling press asset disks (no game) from E3. I mean, eBay is the law in these matters unfortunately. It's not like Yahoo Auctions Japan where anything goes.
If the "real" law is into play here (video game prototypes, review carts sent to magazines for review in the same fashion) those should be allowed on eBay with the first sale doctrine as well. It just really depends on who wants to "fight" sad law. Legally you should be ok if you buy it from some place, but think of this, Felix The Cat NES games used to be taken down off eBay because the copyright owner thought those were fake. LOL
Been a few days now and NOA had no part in it nor did their 3rd party flag the listings. So now it's back to Ebay to find out the next steps in resolving the issue. Hopefully this issue will not be much longer. They froze my account from listing new items. Talk about a PIA!
Comments
trying to abid to everyone feelings and the ones that dont, well, they will be getting the bad end of the deal ...
ever since they bough pay pal, its just been going down hill from there .... IMO
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
I've gotten them from 2 different law firms, and they just go at whatever, without the slightest amount of research to see if they are actually right.
So you can ask ebay to tell you both the IP address and the email from the individual that made the claim (get them over the phone) as you need to do a deep investigation.
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Right. I read you loud and clear.
We'll never find out who "owns" the property without digging up an old legal document between NoA and, let's say for instance, Electronics Boutique, detailing the distribution caveats of NFR items.
Not for resale doesn't immediately mean it was pilfered from a demo unit.
Originally posted by: cosmicjim
I'm pretty sure I didn't steal the copy of Sonic the Hedgehog I got with my sega genesis that had not for resale printed on it.
Not for resale doesn't immediately mean it was pilfered from a demo unit.
We should all call eBay all at once to report every listing for every Genesis pack-in game. Maybe they'll get the point then.
Originally posted by: jrmrbcax
My empty iPhone 5s box got flagged and removed on eBay a couple months ago.. So dumb
same here
Believe it was 100% another seller trying to make room for himself. It is just the nature of competition to some which feels like a threat. It is amazing how far some will take things to sell games. I will keep everyone posted on the findings over the next few days. Next should be a response letter from NOA. If not Ebay will be required to write this off as a incorrect policy violation. I have a good feeling there will be no NOA response because it was the doing of a Ebay member.
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
Originally posted by: Scerena4
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
If you read the article above you will see how a previous court case went simular this. NOA collects the carts and sells them off in bulk at the Nintendo Garage sale and to distributors. Some may be destroyed but I can not confirm that.
Originally posted by: JaxsBox
Originally posted by: Scerena4
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
If you read the article above you will see how a previous court case went simular this. NOA collects the carts and sells them off in bulk at the Nintendo Garage sale and to distributors. Some may be destroyed but I can not confirm that.
On DP a Nintendo employee sold things from that annual garage sale. He was fired for conduct unbecoming of a Nintendo employee.
Originally posted by: buyatari2
Originally posted by: JaxsBox
Originally posted by: Scerena4
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
Originally posted by: GhaleonsDeadMyFriend
Originally posted by: Jig
I thought "not for resale" meant not for resale as BRAND NEW. These are USED games you are dealing with - you can resell them if you want!
That's not true. NFR games are demo unit copies typically distributed to merchants with the stipulation that they either be destroyed or returned to the manufacturer after they've lived out their usefulness. Their existence in the secondhand market is completely unintended.
If that is the case, then all NFRs in the hands of collectors are stolen property.
It's whatever you want to call it. Not going to get into it since it's invariably a legal area neither of us are qualified to discuss.
My point is:
If the owners of these games are the legitmate owners - they would be able to do whatever they wanted with them - including selling them.
If they cannot sell them, then they are not the legitmate owners.
Agreed. I don't see the problem with eBay taking these down as the actual items were either supposed to be destroyed or returned. Yes they are hard to come back but that's because of this exact reason.
If you read the article above you will see how a previous court case went simular this. NOA collects the carts and sells them off in bulk at the Nintendo Garage sale and to distributors. Some may be destroyed but I can not confirm that.
On DP a Nintendo employee sold things from that annual garage sale. He was fired for conduct unbecoming of a Nintendo employee.
The items left over that go unsold from the garage sale are sold in bulk to distributors. Prior to selling the bulk to distributors it was given out to NOA reps and store managers/employees.
..and for anyone thinking of circumventing the rules on "high risk" items like this who value your account, just don't do it.
I've had my account suspended for something minor in the past (Nothing like a week without your main source of income source for a $7 item).
There are other venues if you've got stuff to unload.
Also, this is just like when eBay wouldn't allow prototypes to be sold for years but now are ok with them for some reason....they wouldn't allow import Dreamcast games to be sold on their site either. (Sega complained and I lost an account that way, no joke) I've had accounts suspended for selling press asset disks (no game) from E3. I mean, eBay is the law in these matters unfortunately. It's not like Yahoo Auctions Japan where anything goes.
If the "real" law is into play here (video game prototypes, review carts sent to magazines for review in the same fashion) those should be allowed on eBay with the first sale doctrine as well. It just really depends on who wants to "fight" sad law. Legally you should be ok if you buy it from some place, but think of this, Felix The Cat NES games used to be taken down off eBay because the copyright owner thought those were fake. LOL
Did NOA say anything in regards to selling NFRs? Do they not care or is it "frowned upon"? Or did they just simply say it wasn't us?