Sell your own music on CD-R and Ebay considers you a pirate

I just posted the article Sell your own music on CD-R and Ebay considers you a pirate.

Already many times we have stated on this site that not everyone who uses CD-RW drives for backups or burning music is a pirate. There are probably more legal reasons to buy a CD-RW then illegal…

Read the full article here:  [http://www.cdfreaks.com/news/4737-Sell-your-own-music-on-CD-R-and-Ebay-considers-you-a-pirate.html](http://www.cdfreaks.com/news/4737-Sell-your-own-music-on-CD-R-and-Ebay-considers-you-a-pirate.html)

Feel free to add your comments below. 

Please note that the reactions from the complete site will be synched below.

I’m afraid I have to side somewhat with eBay on this one. It is very difficult to determine a legitimate small independent CD distributed on CDR from a pirate operation. They have to protect themselves. As long as the seller is not facing any legal action because of this, I’d say eBay is well within their rights. The artist just needs to come up with another distribution method. It’s unfortunate, but I can’t fault eBay here. (Their half.com site has a pretty good explanation of the policy on such items, I haven’t read the main eBay policy lately) As far as legitimate CDRs, I actually recently bought a WinTV PVR card (hardware mpeg-2 audio/video capture) and to my surprise, the drivers were on a (neatly labelled) CDR! (I checked the ATIP but now I can’t remember the manufaturer for certain, I think it was Ritek though :slight_smile:

Maybe eBay knows about legitimate independents like this but hassles them for the RIAA to discourage independent labels and companies?

got to agree with bstrayman on this. A simple phonecall, letter could have validated his claim…I wonder how much stolen gear has been auctioned through ebay and if they really care…:7

And where would all the money for the simple phone calls and letters for flagged CD-R’s come from? I’m sure many users would disagree. And what would validate the claim through a phone call. “Hello, this is Ebay. Are you a music pirate.” “No, I made this CD myself.” “Well okay then.” That would hold up well in court. Quite simply, EBay is not the outlet for one to promote their music. It would be great, but due to the fact folks like to steal and cheat with downloads and CD-R’s… this is one of the prices legitmate users pay.

I have read eBay’s entire policy, and they don’t have anything against music CDs SPECIFICALLY, it’s just that they forbid you from selling ANY form of a CD-R. Blank, recorded, anything. SO, it’s a pretty straight forward policy.

eBay does permit blank CDRs, just not those with any data of any kind on them.

e-bay are a bunch of tossas anyway, they seem to make the rules up as they go along after a few fuckups on their behalf i’ll not be using their site again.:frowning:

ebay could have checked with the RIAA to see if the artist in question was one of their copyrighted artists and if not, then he should be allowed to sell his music there. ebay is in the wrong on this one.

I had a freind who paid 25 dollars on E-bay to get an hard to find Import CD (not a live bootleg) of one of his favorite bands. What he got instead was a cheap generic CD-R and poorly scanned liner notes. My buddy was very pissed off! Some homemade live bootlegs are VERY poor quality (recorded in the back of the auditorium/club with a hand mic), and you have to be very careful when you buy those kind of CD’s. I feel sorry for the guy wanting to sell his own music there. He should try Mp3.com, E-Music or CD Baby instead.

Interesting… About a year ago, I emailed ebay asking them why there were so many people selling Star Wars DVDs (eps 1, 4,5 and 6) when, at the time, there were no legal SW DVDs available anywhere in the world. They simply stated something along the lines of, “we can’t control if the content is legal or not. If you’re really interested in pursueing the matter further, please contact the studio.” maybe they’ve changed their policies greatly since then, but I do also remember reading a year ago in their policy section that illegally reproduced media is barred from the ebay market.