Entertainment Software Association (ESA) had eBay pull listing due to unauthorized use of stock photo for black ops 3?

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I received a policy notification for an eBay listing I created 24 hours ago stating that the listing had been removed because I used an unauthorized photo of the juggernaut edition of black ops 3. This was the stock photo from Amazon.

Hello,
After reviewing your eBay account, we've taken the following action:
- Listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited all associated fees except for the final value fee for your listing(s).

Your listing was reviewed after the rights owner notified us that your listing used their copyrighted image without permission.

We encourage you to take your own photographs when listing your item. This helps potential buyers better understand what they are purchasing and helps to avoid any confusion after the transaction is complete.

To learn more about this eBay policy please visit:
http://pages.ebay.com/help/policies/image-text.html

If you have more questions, contact our policy experts:
http://ocsnext.ebay.com/ocs/cusr?query=1337&=PTB1191



Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

The rights owner or an agent authorized to act on behalf of the rights owner, ESA - Entertainment Software Association, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.



We encourage you to contact ESA - Entertainment Software Association directly if you have any questions.

You can send an email to:
[email protected]

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:
http://pages.ebay.com/help/policies/programs-vero-ov.html

To learn more about rules for sellers, go to:
http://pages.ebay.com/help/policies/seller-rules-overview.html

I'm aware of these type of violations; but on whose behalf would ESA be acting on? Sony? Activision? Seems odd that there are dozens of other listings up using the same stock photos.



I was selling a cell phone once and had a listing removed for using a stock photo of a motorola cell phone. After it was pulled I contacted motorola who said the third party who contacted eBay did so in violation of their agreement and I was able to get the listing reinstated I was just wondering if anyone had any experience with the ESA and if this is what they do?

According to their website it seems like they deal more with people illegally sharing games

http://www.theesa.com/about-esa/

 
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