Is the selling of latest Region 1 DVD's allowed on E-Bid?

[titandvd]

Hi everyone.

I offer latest release blockbuster Region 1 DVD's and having registered on E-Bid I am interested in setting up a shop on here offering these titles.

What I’m not certain of is if this is allowed. I know there are region 1 titles available but not many and certainly not new stuff.

Anyone know if I would be ok to list them? These are of course all genuine and original titles sourced form genuine wholesalers in North America.

The rules state no “pre-release” movies. Well many region 1 titles come out before region 2 titles so would this be classed as a pre release?

Also am I able to use stock DVD cover images or could my listing be pulled for using them?

I want be 100% certain before I start listing items.

Any advice would be appreciated.

[damian_steele]

If you are selling your Region 1's to the Region 1 area, I can't see a problem with it but you should probably check with the guys first to be sure: support@ebid.tv

It's better to be safe than sorry as breaking the rules will get ALL your auctions pulled without warning.

BTW, support here are human beings. They're usually excellent and put Feepay's system to shame.

[titandvd]

Well actually I’m offering region 1’s to Europe which is actually within the law as it stands.

I have emailed support and I note already that there already people offering region 1 titles on e-bid Uk.

Just want to make sure!

[damian_steele]

Fair enough.

I'm sure they'll get back to you soon.

[auctiongroup]

i have not had any problems offering region 1 dvds on uk site, dont do many though as i am finding the uk release dates are getting closer.

[titandvd]

i have not had any problems offering region 1 dvds on uk site, dont do many though as i am finding the uk release dates are getting closer.

Actually a lot of the "big releases" has caught up but in the main the gap overall is getting wider.

Anyway had it confirmed i'm not allowed to list region 1's on here which is a bit of a shame as it's not illegal to sell Region 1's in the UK and the "other" auction site is perfectly happy with the selling of Region 1 titles!

[auctiongroup]

im confused here as a big chunk of the dvd section is from one seller that only sells region 1 dvds,
now understanderbly the seller is based in the usa but the listings are on all the sites,

so is it ok to list them on the uk site if your based in the usa and is it ok to list region 1 dvds on the us site if your based in the uk?
, or can uk users not list them at all?

and whats the rule on listing other region dvds?

i have been asked for indian and asian movies that are not normally available in region2, i can get the region 3 versions is it ok to list them?

i think we need gazza or mark to clarify this

[titandvd]

the message i got from support was:

"As you are aware you can only list such items in the relevant regions of copyright certification so unfortunately, the answer is no."

Which isn't strictly true but if that's their decision then so be it.

That means only region 2 titles can be listed if you ar ein the UK but i can see how it is such a grey area.

As i said the other auciton site is awash with region 1 DVD's so it can't be not allowed otherwise they would clamp down on it.

[Gothicina]

the message i got from support was:

"As you are aware you can only list such items in the relevant regions of copyright certification so unfortunately, the answer is no."

Which isn't strictly true but if that's their decision then so be it.

That means only region 2 titles can be listed if you ar ein the UK but i can see how it is such a grey area.

As i said the other auciton site is awash with region 1 DVD's so it can't be not allowed otherwise they would clamp down on it.

This may help, it seems to be what they have to go by.
http://www.fact-uk.org.uk/site/about/faq.htm#15

[titandvd]

Well it is a little more complicated than that!

Ebid's rejection was based on the publisher's copyright which states that these items are for sale only in their region of encoding.

Whilst this is technically correct, how it stands up in law I’m not so sure. I’ve certainly have never heard of anyone being prosecuted or prevented from selling on copyright grounds on DVD’s.

The “licence agreements” you get on DVD’s and games for that matter are all encompassing and entitle the studio to pretty much the shirt off your back and allow them to put your kids in the slave trade if you read them properly!

How much of these agreements (other than for the obvious things like piracy) are enforced or enforceable under national law is another matter completely. These agreements set out broad rights for the publisher but few of these rights are ever enforced and some of them would be illegal under national laws as well I’ve been told.

The point you make from the BBFC website is a separate point completely relating to UK law and is currently quite ambiguous and woolly.

The exact wording about where the transaction is completed in this day and age is hard to pin down and quantify. After all with the internet, online payment processors and online auctions it is very hard to determine where transactions are completed from.

For example whilst I am a UK resident my DVD operations are “transacted” out of Canada and Spain where I have offices and many other region 1 sellers “transact” from Jersey so as to be outside UK law (and so they dont have to pay VAT which is also why many online sellers including supermarkets are moving their internet operations to Jersey).

In practice what it means as far as Trading Standards are concerned is that Region 1 DVD’s are not allowed to be stored and then shipped from within the UK. My own opinion is that a “bust” by Trading Standards on a trader at a UK address with physical stock in the UK is much easier to enforce than the millions of internet transactions that go on throughout the world. So that is what they go for leaving the internet side of things well alone.

There is evidence to support this. Look on the “other” big auction site. At anyone time there are around 2000 Region 1 DVD’ listings for sale. Does anyone think Trading Standards will / should be banging down people’s doors to round all the people up selling region 1 DVD’s from the UK?

Equally under that other auctions sites rights owners program very few studios do anything to block the sale of region 1 DVD’s on that UK site which the way they operate you would think they would clamp down on if they were getting pressure form the studios.

The bottom line is that the law is an ass and this is just another example of a fudged law.

The law says you can buy a region 1 DVD as long as it hasn’t been shipped from the UK? So if it comes from say Jersey or Spain or anywhere else it is fine!

So what difference does it make? Seems to me that it would make more sense to say that region 1 DVD’s can be bought in the UK to anyone over the age of 18 (i.e. someone with a credit card).

That way you could take this as a (non) issue away from Trading Standards and allow them to focus their no doubt highly stretched resources on the real issue relating to DVD’s which is stamping down on piracy and counterfeiting.