1 min article

Encouraging infringement policy

For a safer buying and selling experience on eBay, sellers can't use eBay to enable, encourage, or instruct others to infringe copyrights, trademarks, or other rights.

In the guidelines below we've provided a few examples of items that can't be listed on eBay and activities that sellers should avoid.

What are the guidelines?

Here are just a few examples of items and activities that aren't allowed on eBay:

Not allowed

  • Activities such as:
    • Offering to sell original software and encouraging the bidder or buyer to make a backup copy and resell the original
    • Offering to sell a box for an authentic product (such as a box for a Rolex watch) and suggesting to potential buyers that they can then use it to sell a counterfeit item (see also our policy on replicas, counterfeit items, and unauthorized copies)
  • eBooks describing how to remove copy protection in order to copy content onto CDs, DVDs, or other discs (see also our policy on recordable media and our policy on enabling duplication of copy-protected material)
  • Instructions on how to install a modification chip (sometimes called a modchip) in a video game console
  • Links websites where buyers can download:
  • Any software or device (sold separately or already installed on a product) whose purpose is to circumvent copyright protections, such as:
    • Certain modchips, game enhancers, boot discs or video game converters
    • Instructions on how to install a modification chip (modchip) or similar device in a video game console

Why does eBay have this policy?

This policy helps create a safer marketplace by prohibiting sellers from using eBay to encourage others to infringe on the intellectual property rights of third parties. eBay policy requires sellers and buyers to comply with all governmental laws and regulations.

Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.

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