Somebody sells software or downloadable products
Digital Media Principle
By digital media we mean informational content that can be downloaded from a website or received by e-mail, e.g. B. MP3 files, films, software programs, photos, digital art or e-books. For more details, read the full digital media policy below.
What does the principle say?
You can post digital media on eBay as long as you comply with the following conditions:
- They only sell items that you are legally allowed to sell.
- It is clear from your offer that you are the owner of all existing rights to the item, including property rights and intellectual property rights (in particular copyrights or similar property rights) to the item, or that the sale of the item is by the owner of these rights or an authorized agent of the holder has been authorized or is otherwise legally permitted.
- They ensure compliance with any contractual agreements concluded with the licensors.
- If you offer a digital medium for resale, you state in your offer that you are selling a lawfully acquired item and that you have removed all copies of the item from all of your devices, data carriers and other storage locations, or that you can use the item for other purposes have ended definitively and irreversibly. This statement in your offer must correspond to the facts.
- You will follow the requirements for acceptable delivery methods in the Additional Guidelines for Selling Digital Media section.
- They tell the buyer in a clear and understandable way how the item will be delivered to them.
- You put your article in the appropriate category.
- Your articles do not contain adult sexual content (pornography). You can find more information in our policy on offers with sexual content.
- They make sure that you only sell items that you can guarantee to deliver properly. You take responsibility for ensuring that the buyer has a positive buying experience.
- You do not manipulate the eBay rating system with your offer. For more information, see our Review Manipulation Policy.
- Collection by the buyer is not possible for digital media.
- Non-fungible tokens (NFT) may only be offered by sellers who meet the requirements listed in the principle on products with prerequisites for sale. NFTs may only be offered up to a maximum price of EUR 10,000. NFT associated with a physical object may not be offered.
Examples of digital media that may not be placed on eBay:
- MP3 music tracks copied from a CD that you own or recorded at a concert
- E-books or audio books for which you do not have copyrights and for which you cannot prove that the resale of the item has been permitted or is otherwise legally permissible by the owner of the copyrights or similar protective rights or an authorized representative of the owner
- Songs you bought from iTunes
- Movies copied from DVDs in your possession
- Video games that you copied from the original media
- PDF files of product instructions or user manuals for which you do not hold any copyrights or similar property rights and for which you cannot prove that the resale of the item has been permitted by the owner of the copyrights or similar property rights or an authorized representative of the owner. otherwise legally permissible
We may allow certain direct suppliers to offer digitally delivered goods for sale outside of these guidelines.
Additional guidelines for selling digital media:
Only physical delivery is permitted for the following items:
The article must be sent to the buyer on a data carrier in physical form, e.g. B. on CD or as a printout.
Your offer must clearly state that you will be mailing the item. The option to provide the article by e-mail or digitally must not be offered under any circumstances. List your article in the appropriate category.
- MP3 files of music tracks that you have written and legitimately recorded yourself and to which you have all rights
- Films that you legitimately shot yourself and whose content you have all rights to
- Software programs that you have written yourself and to which you have all rights
- Photos that you have legitimately taken yourself and to which you have all rights
- Digital art that you have created yourself and the content of which you own all rights to or for which you can prove that the sale of the item has been authorized by the owner of the copyright or an authorized representative of the owner or is otherwise legally permitted
- E-books, e.g. B. a recipe collection that you have legitimately written yourself and to which you have all rights
Digital and physical delivery is permitted for the following items:
You can post software on eBay if the sale has been authorized by the owner of the copyrights or similar property rights or an authorized representative of the owner or you are otherwise legally entitled to sell the software online (e.g. used software). If you sell your used software or a software key or similar device to use the software, you must meet the following conditions:
- You have removed all copies of the software program from all of your devices, data carriers and other storage media, including cloud services.
- You do not sell software that you received as part of a service (e.g. as part of a maintenance contract).
- You tell the buyer in a clear and understandable way how they will receive the item. If you provide the article digitally, you must clearly state this in the offer.
The VeRI Program: Protecting Intellectual Property on eBay
With the VeRI program (program for verified rights holders) we are committed to ensuring that intangible property rights, such as copyrights and trademarks, are protected.
To the VeRI program
Are you a rights holder and want to register for the VeRI program or report a violation of rights?
More about registering for the VeRI program.
Has your VeRI program offer been removed and do you think it was a mistake?
Learn more about protecting intellectual property on eBay.
Activities that violate the eBay principle can result in a wide variety of measures. This includes, for example, the termination or cancellation of offers by eBay, poorer positions for all offers of the seller in the search results or the exclusion of the offers from the search results. A poorer seller rating, restrictions on buying or selling activities or the blocking of the eBay account are also possible. Fees that have already been paid or are still to be paid for offers or accounts that require action on our part will not be refunded or otherwise credited to your eBay account.
For help with eBay policy violations, visit our Seller Inquiries portal. There you will find all the information you need to resolve your issue as quickly as possible.
Why does eBay have this principle?
This policy protects buyers from purchasing unauthorized digital items.
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