Tuesday, June 07, 2005

I lost

Yes ... I need to use ebay ..
so i gave in ....
I faxed in a letter basically acknowledging my "fault" and promising "never to do it again".

Ebay reinstated my account. And I have yet to hear anything from Sony as of this date. When will I be able to sell my DVD again? I may never know?

Tuesday, March 29, 2005

Ebay suspended my account

Great .... now ebay has suspended my account ..... so much for going up against the "powers to be" ....
I am going to fight back. Until then, I am going to ask everyone who reads this to spread the word and let people know what double headed snakes these guys are and the kind of double standards they deploy upon their members.

So much for encouraging more people to use ebay over the years. I have so much respect fro these guys and supported them over the years (in fact ever since they started) and now they are biting the hand that feed them.


From: suspension@ebay.com
Subject: INS NOTICE: VeRO: eBay Registration Suspension - ywchai@mac.com
Date: 30 Mar 2005 PM 02:09:08
To: ywchai@mac.com


Dear yeeweichai (ywchai@mac.com),

We regret to inform you that we have suspended your account for listing potentially infringing items on eBay.

If you wish to have us consider reinstating your account, you will need to follow our reinstatement procedures located at:


If you feel that your account was suspended in error, or have other questions relating to your suspension, please visit our suspension FAQs at:


Any attempts to avoid this suspension, such as registering new accounts, could result in permanent suspension from eBay.

Please note that any seller fees due to eBay will immediately become due and payable. eBay will charge any amounts you have not previously disputed to the billing method currently on file.


The eBay Community Watch Team

Monday, March 28, 2005

Latest response from ebay ....

Gosh ... This is so generic .. and now they want me to freaking do their job for them by helping them monitoring and reporting others ... WTF ...

From: rswebhelp@ebay.com
Subject: Re: VE62828 Ended Response to your email to eBay's VeRO Department. (KMM160828467V86271L0KM)
Date: 23 Mar 2005 PM 09:58:04
To: ywchai@mac.com
Reply-To: rswebhelp@ebay.com

Hello Yee-Wei,

Thank you for writing eBay.

Although we encourage rights holders to communicate with sellers, we are
unable to force them to do so. When a VeRO member contacts us to remove
a listing, they are required to sign a legal document stating under
penalty of perjury that they own the rights to the item or trademark
used in the listing, and that the items listed are infringing upon their
rights. They are not required to inform us of the specifics of exactly
why, or what in the listing is infringing. We must advise you to not
relist this item without hearing from the rights owner.

We understand your concern over the other items you found on the site,
and we appreciate you alerting us to these listings. eBay is also
concerned about this, and will review all items that are reported to us.

We remove listings for two reasons:

1. It appears on its face to be infringing
2. The listing is reported by the rights owner as being infringing.

If you believe an item is potentially infringing, and it was not removed
by eBay, then we encourage you to contact the copyright owner and inform
them of the possible infringement. eBay's Verified Rights Owner (VeRO)
Program works to ensure that items listed do not infringe upon the
copyright, trademark, or other intellectual property rights of third

For more information on the VeRO program please go to:


Thank you for being part of the eBay community.


Community Watch Team
eBay Trust & Safety

Monday, March 21, 2005

Sony Pictures are a bunch of f@#@ heads

The story goes: I placed the Kungfu Hustle DVD online for sale at ebay. Then it was pulled by ebay saying that they were contacted by Sony Pictures that I am infringing on their copyright policies. I contacted Sony and they gave me a canned answer. I responded angrily demanding an explanation for double standards and they didn't respond. Once again, I posted the item on ebay after 1 week and they pulled it again. Here are the email exchanges, starting from the earliest.

Dear Yee-Wei Chai (ywchai@mac.com),


We would like to let you know that we removed your listing:
6379569310 Kung Fu Hustle DVD Collector's Gift Set
because the intellectual property rights owner notified us, under penalty of perjury, that your listing or the item itself infringes their copyright, trademark, or other rights.

We have credited any associated fees to your account. We have also notified the bidders that the listing(s) was removed, and that they are not obligated to complete the transaction.

If you relist this or any other similar items on eBay, your account likely will be suspended.

If you believe your listing was ended in error, or have questions regarding the removal of this listing, please contact the intellectual property rights owner directly at:

Sony Pictures Entertainment

eBay is available to answer questions, but since it is the rights owner that requested the removal of your listing(s), we encourage you to contact them first.

For more information on eBay's cooperation with rights owners through the VeRO Program, and a list of rights owners that have created About Me pages, please visit:


Thank you for your cooperation.


Customer Support (Trust and Safety Department)
eBay Inc

And so I responded:

Yee-wei Chai

03/03/2005 04:55 PM
To:        piracy@spe.sony.com
Subject:        RE: ebay listing ended


I recently had an ebay listing removed  by the ebay Vero system and I
wasn't given a proper reason why it had infringed on any interllectual
ppty. Your email was listed for contact so I want to know what was the
reason for so?  The DVD is original, everything was new and why shld I
be penalised for listing something that is not pirated?? My ebay record
has been perfect and with such removal you have seriously impacted my
image on ebay.

The DVD in question was 6373700920 Kung Fu Hustle Limited Edition
Collector's Gift Set DVD. It was an official release and purchased from
HK. What is the problem here?? Could you kindly explain??

Yee-wei Chai
ebay id yeeweichai

Then I got a response from Sony Pictures:

From: Piracy@spe.sony.com
Subject: RE: ebay listing ended
Date: 11 Mar 2005 AM 02:28:58
To: ywchai@mac.com

Sony Pictures Classics Inc. ("SPC") holds the exclusive right to distribute the motion picture, "Kung Fu Hustle" worldwide in all formats. As such, SPC is the only entity authorized to distribute this motion picture for sale in any format worldwide. SPC has not yet released this motion picture in the United States theatrically or in home entertainment. Any other company or individual that sells this motion picture or offers this motion picture for sale in the United States infringes SPC's exclusive distribution rights in the United States


Then I replied again:

From: Yee-Wei Chai
Date: 11 Mar 2005 AM 11:17:02
To: Piracy@spe.sony.com
Cc: send-news-suggestions@cnet.com, harry@aintitcool.com, answerman@gmail.com
Subject: Re: ebay listing ended

Dear Sony Pictures,

This doesn't makes sense. Plenty of people sells Code 1 DVDs to the rest of the world even though they are not released (or never released) and no one is going after these individuals. I live in a region Code 3 country (Singapore), but Code 1 discs are available everywhere. Does it make all these retailers illegal? Furthermore, I see other ebay selllers still listing this item, as well as other Asia DVDs/CDs sites like "Yesasia.com" selling the same item as well worldwide including US. What gives them more right to do so than myself? Are you coming after me because I am easier to scare/pick on? Why don't you pick on someone your own size.

I am re-selling my DVD to someone else in other parts of the world, not just US. Piracy is a term used for thieves and I am certainly not pleased for being branded as such when what I am doing is exactly what everyone else on ebay is doing - selling different region DVDs to places which are of not the same region indicated.

This region coding technology is a chore and a hassle in an extremely interconnected world of today. Everyone is more international than ever before thanks to the proliferation of understanding between cultures and countries. To set up this region coding to prevent reduced profits due to your inefficient distribution penalizes those individuals who are well travelled and speak multiple languages. I am a fan of japanese movies, HK movies, US movies, and as a result of your region coding, it has extremely inconvenienced me in my pursuit of exploring the different myriad of movies out there. Would the only legal solution for people like me (which there are plenty) be to purchase a DVD player from each different region so as to enjoy DVDs from different countries?

I am copying this email message to Cnet, ainitcool.com, as well as Roger Ebert in hopes that this ridiculous issue of region coding which was introduced to the world by the selfish media giants, may be brought to more attention and generate discussion.

I love movies, and I love music. I have always sought to support the movie and music industry by purchasing originals although I live in a region which sees the proliferation of pirated medias. I have even sought to study film in college and is now in the process of shooting my own short film. But in recent years, the media giants have been seeking many ways to prevent piracy and their methods have been taking its toll on legal supporters like myself. In light of all the "rules and regulations" set by these bodies, it is giving the "law-abiding" end-users less reason to support them. There's always the big media firms complaining about the how much profits they are losing through piracy and how they have to implement DRM to fight the pirates. But who is speaking up for the legitimate users like us who are getting their rights shreds to bits over the years?

Yee-Wei Chai

And after more than 1 week, I still haven't heard back from Sony. So thus I relisted the item, seeing that tons of people are still selling Kung Fu Hustle on ebay, obviously ebay didn't go after them. But 1 day after listing it, it got removed again. This time I am mighty pissed as expected.

Here's my latest response back to Sony again:

From: Yee-Wei Chai
Date: 22 Mar 2005 AM 10:47:30
To: whyended@ebay.com
Cc: piracy@spe.sony.com
Subject: Re: VeRO NOTICE: eBay Listing(s) Removed - VeRO Program

Dear Ebay and Sony,

I do not understand why is my item being removed/unallowed to sell on ebay when a search of kung fu hustle results in so many other listing that are legit and even allowed to complete auction? This is the 2nd time this has happened. I have contacted Sony regarding my item and they gave a unreasonable and unsatisfactory answer. I responded but they never answered back for more than a week. The double standards by Sony and ebay (vero) is unacceptable.

I seriously demand an explanation why am I not allowed to sell this item when others could? What makes my act one of piracy versus the rest of the ebayers?? Why am I targeted?

The last response from Sony is as follows:
Sony Pictures Classics Inc. ("SPC") holds the exclusive right to distribute the motion picture, "Kung Fu Hustle" worldwide in all formats. As such, SPC is the only entity authorized to distribute this motion picture for sale in any format worldwide. SPC has not yet released this motion picture in the United States theatrically or in home entertainment. Any other company or individual that sells this motion picture or offers this motion picture for sale in the United States infringes SPC's exclusive distribution rights in the United States.

Then please answer my questions:
1) Why are other ebayers allowed to sell the same item I am selling?
2) If "SPC is the only entity to distribute the picture in any format worldwide", why are retailers in Hong Kong and Singapore allowed to sell them everywhere? These include legitimate companies like HMV and Tower Records
3) If "Any other company or individual that sells this motion picture or offers this motion picture for sale in the United States infringes SPC's exclusive distribution rights in the United States.", why are US online retailers like Yesasia.com allowed to do so, and even continue to do so after taking down my listing? Why the double standards?

I expect a response from both ebay and sony picture classics regarding this issue, and addressing all the points I have listed above.



I will update the site with my latest saga on this issue so check back often to see what these shitheads at Sony and ebay has got to say.

The purpose

This blog is started to track the exchanges of emails I've had with ebay and Sony Pictures when they pulled my ebay listing. They claimed I am infringing their copyrights by putting one of their DVDs "Kung Fu Hustle" for sale on ebay. This despite them ignoring the bunch of pple who also list this item on ebay daily and completing their auctions. I hope this blog will spawn discussion on how these Media conglomerates are acting like Bullies to protect their own rights, while trampling on the rights of "law abiding" consumers who are getting fu@#@ed in the ass in the course of buying legitimate software.