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"Don't List" Items are materials that cannot be offered Consumer Exchange Sellers at any time, subject to the limitations noted. Problematic Items are goods that can be offered but require special treatment, clearance or have special conditions. Potential Infringement Problems are items that can be sold, but which may require special authorization from the developer, owner, user or performer that originally created the items. Any questions about the appropriateness of individual items you want to list should be directed to uBid Customer Care at uBid's Consumer Exchange Customer Care. Remember you, the seller, not uBid, are ultimately responsible for the legality of items that you sell at auction at this location." Access codes Embargoed Transactions Potential Infringement Problems Copyrighted materials "Don't List" Items Access codes. Under federal law, the unauthorized traffic in computer access codes (passwords and logon, etc.) and credit card numbers is prohibited. These access codes cannot be listed on uBid, except by the company that has originated the access codes. Adults only materials. Because of the variety of state and federal controls and scrutiny attached to this material, uBid prohibits listing this type of material. Alcohol, wine and beer. Alcohol, in any form, cannot be listed on uBid due to extensive government regulations. Specific licenses to sell alcoholic beverages are required in some locations, and there are nationwide prohibitions against selling alcohol to minors. Animals and animal parts. uBid does not allow listing live animals and pets, stuffed migratory birds, parts of any migratory birds or eggs. Endangered or protected species, or any part of any endangered or protected species, should not be listed. Captive-bred birds may be sold if the seller clearly states in the item description that the bird was captive-bred. Ivory items may be listed so long as the seller has consulted with the U.S. Fish and Wildlife Service. Because ivory cannot be lawfully imported into the United States, sellers of non-United States source ivory should not list ivory products. Pelts, skins, hides and rugs may be listed, subject to limitations imposed by the U.S. Fish and Wildlife Service. Artifacts. Many Native American artifacts are protected under federal laws. As a result, Native American human remains, gravesite-related items and burial items should not be listed. Native American masks and "prayer sticks" from all Southwestern tribes are also prohibited. Artifacts taken from any federal, state, public, Native American land or battlefields are likewise prohibited on this auction site. Banking Products. The banking industry is heavily regulated. These regulations require extensive disclosures, as well as a variety of licenses. In view of these restrictions, Banking Products are not to be sold on uBid. Bulk Email Lists. Federal law prohibits the sale of lists for Unsolicited Bulk Email, or UBE, commonly known as "spam." Such lists should not be posted on uBid. Chemicals. Chemicals that are the known precursors of controlled substances or explosives must not be listed on uBid. Child Pornography. Child pornography is illegal under federal law and should not be listed under any conditions. uBid will immediately remove any attempted listings of this type and contact appropriate law enforcement officials. Counterfeit Items. Federal law prohibits listing counterfeit items on the auction site. This includes coins, postage stamps, obligations and securities. Again, uBid will immediately remove any attempted listings and contact appropriate law enforcement officials. Drugs & Drug Paraphernalia. Federal law prohibits listing narcotics, steroids, gamma hydroxybutyrate (GHB) and other controlled substances. Drug paraphernalia, as defined by federal law, should not be listed. Such paraphernalia includes all items that are primarily intended or designed for use in manufacturing, concealing or using a controlled substance. A partial list of these banned items includes: pipes made from metal, wood (except briar), acrylic, glass, stone, plastic or ceramic, water pipes, chamber pipes, carburetor pipes, electric pipes, ice pipes, bongs, chillums and wired cigarette papers. uBid does permit products traditionally intended for use with tobacco products, including pipes made from briar, clay, corncob, meerschaum or similar materials. Firearms, ammunition and weapons. uBid does not allow the listing of firearms. Current laws envision face to face sales of weapons between licensed federal firearms dealers and buyers. A purchaser goes to a dealer's licensed location and presents himself/herself to the dealer. The necessary federal forms are completed, a background check on the purchaser is conducted and the firearm is delivered to the purchaser after a waiting period. In view of the developing regulatory control over firearms, uBid, as a policy decision, has decided not to list firearms of any type on the auction. Fireworks. Fireworks, destructive devices or pyrotechnic devices should not be listed. These items are heavily regulated or banned in most states, and postal regulations prohibit the transmission of these items via the postal system. Gambling. Gambling, in any form, and related tickets are not permitted on uBid. This includes lottery tickets, raffle tickets, sweepstakes tickets and tickets to entertainment events (scalping laws). Gasoline and Motor Oil. A number of states' laws contain provisions restricting sales below cost of gasoline and motor oil. As such, the bidding on these products raises the possibility that sales may be below cost, in violation of those laws. As a result, these products cannot be listed for sale on uBid. Giveaways, Raffles, and Prizes. Listings that promote giveaways, random drawings or prizes as an enticement for buyers are not permitted on uBid's Consumer Exchange as these promotions are highly regulated and may be unlawful in many states. uBid itself may run such promotions on the site, and may grant authorization to its partners or third party companies to run promotions, that comply with applicable laws. Government ID's and Licenses. Federal law prohibits selling items that claim to be, or to look similar to, official government identification documents or licenses, such as birth certificates, driver's licenses or passports. Collectible vehicle license plates, that is, plates that are retired or no longer valid for use on a vehicle, may be listed. Fake identification cards, or any items that are designed for the manufacture of such cards, should not be listed. Grave Sites. Historical graves, tombstones or related markers should not be listed on uBid. However, items that came from private land, as well as new grave markers and burial plots, may be listed. Human Parts and Remains. Human or any human body parts should not be listed. Prohibited items include: organs, bone, blood, waste, sperm and eggs. Insurance. Insurance can only be sold by licensed individuals. Medical Advice. Specific medical advice can only be given by a licensed professional. Police related items. Federal law precludes listing law enforcement badges or official law enforcement equipment from any public entity, including badges issued by the government of any country. This prohibition extends to police badges and official equipment from federal, state or local law enforcement agencies of the United States. Prescription Drugs/Materials. Listing of any controlled drug or item that requires a prescription from a licensed practitioner (such as a doctor, dentist or optometrist) to dispense is not allowed on the uBid Auction site. This includes prescription drugs, contact lenses and prescription eyewear. Software. Software on CD-ROM, diskettes, and
other electronic forms may not be listed on uBid. Compilations (e.g.,
multiple software programs on one disk), "freeware" and "shareware"
on CD-ROM should not be listed due to residual copyrights unless a prior
release from the copyright holder has been obtained. Spray Paint. Spray paint sales are prohibited in certain jurisdictions. Sellers must limit their offering to geographic areas known to permit such sales. Stocks, Investments and Other Securities. Securities should not be listed on uBid. This includes stocks, bonds or any other investment interest in any entity or property. Sellers should not auction credit (for example, sellers should not auction to sell $1000 in credit to a bidder). Documentation that is accepted as proof of a current investment interest in any entity should not be listed. However, old or collectible stock certificates may be listed, provided that such stock certificates are cancelled or represent an interest in an entity that no longer legally exists. Stolen Property. Federal law prohibits the sale, traffic and possession of stolen property. uBid will immediately remove any attempted listings of this type and contact appropriate law enforcement officials. Surveillance Equipment. Products that are designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission should not be listed. Tobacco. The sale of cigarettes, cigars, smokeless tobacco and related products is a matter that is highly regulated and taxed within the United States. Due to the many difficulties inherent in assuring that tobacco sales comply with applicable laws, no sales are permitted on uBid. TV Descramblers. Federal law prohibits the sale of items that can be used to descramble or gain access to cable or satellite television programming without authorization or payment. Freon. While Freon and other regulated refrigerants may be listed, sellers must state in their item description that they will comply with all applicable laws and ensure that the high bidder is properly certified. Jewelry. Jewelry can be listed on the auction site, however the FTC has indicated that Web sites offering jewelry for sale should provide consumers with the information required by the FTC's Jewelry Guides. This Guide describes the types of jewelry marketing claims the FTC considers to be false or misleading and provides examples of nondeceptive claims. Web sites offering jewelry for sale have been specifically targeted by the FTC. The FTC Business Guide and Jewelry Guide are available from the FTC Web site at www.ftc.gov. Real Estate. Sellers can list real estate on uBid, but they must disclose that, due to the wide variety of laws governing the sale of real estate, auctions of real property are not legally binding offers to buy and sell that property. Instead, they are simply a way for sellers to advertise their real estate and meet potential buyers. At the close of the auction, the seller should contact the high bidder to discuss entering into a contract for the real property. However, neither party is obligated to complete the real estate transaction. The purchase and sale of real estate is a complicated matter that is often governed by local laws and laws in the country where the property is located. The help of a licensed real estate professional and/or a real estate attorney to negotiate the sale of any real estate should be strongly advised. Tickets to Entertainment Events. The re-sale of tickets to entertainment events (including sports contests and music concerts) is regulated in some states and countries. Some laws prohibit re-sales of tickets that exceed the price stated on the ticket. Other laws limit or prohibit service charges for the tickets. Questions also develop with respect to the law that controls such sales: the location of the event, the location of the seller and buyer or the location where the re-sale "transaction" takes place. Laws controlling such activities exist in New York, Michigan and Massachusetts. As a result, uBid requires sellers listing such tickets to provide assurances that they have checked and are adhering to the applicable laws. uBid reserves the right to halt the auction and notify law enforcement authorities if it is learned that the sale is being conducted in violation of government regulations. Used Medical Devices. Used medical devices can be listed if they are cleaned in accordance with the manufacturer's instructions before shipping. Sellers may not list any medical device that has been altered in any way that significantly changes the product's performance or safety specifications. Sellers must provide the buyer with the original box, labels and instructions that were provided by the manufacturer with the original product. Medical devices that do not come with the box, labels and a complete set of manufacturer's instructions may not be listed. Sellers must clearly inform potential bidders, in the item description, if the device has been opened or used. Potential Infringement Problems Copyrighted materials. Authors can, of course, list their own works. However, compilation copyrights present potential listing problems. Listing should be permitted as long as the seller or the seller's original copy represents that a prior release from the individual copyright holders has been obtained. After the copyright owner has sold a particular copy of the work (i.e., made the "first sale" of that copy), it has no right to control further disposition of that copy by the purchaser. For example, when you buy a copy of a book in a bookstore or a CD in a music store, it is not copyright infringement to sell your copy to someone else (as long as you do not make any additional copies as well). This principle is known as the first-sale doctrine. Under this doctrine, the copyright owner's right to distribute a particular copy is limited to the first time he or she sells or otherwise disposes of that specific copy. In other words, the distribution right is limited to the exclusive right to sell a copy once, because once the copyright owner parts with a particular copy, the recipient then has the right to sell or otherwise transfer it. The copyright owner's exclusive right to distribute copies of the work is "extinguished" with respect to that copy. Backup copies. "Backup" or "archival" copies of any software should not be listed (including games software, whether on disk, console or cartridge) due to the complexity of this issue and the high likelihood of infringement. Games. Computer games can be legally listed as long as the seller is the copyright owner of the game and states this in the item description. As discussed above, the first sale doctrine may also allow the resale of the original copy of the games. However, pre-release games (beta test games) which have been acquired prior to the manufacturer's release cannot be listed. Movies. Movies in the form of 35mm and 70mm prints should not be listed, unless the seller is the copyright owner and states this in the item description. Also 35mm and 70mm motion picture shorts, such as cartoons, should not be permitted. 16mm prints, film trailers (that is, motion picture previews) and individual film frames may be listed. As discussed above, the first sale doctrine may also allow the resale of the original copy of the movie. Photographs. Photographs can be listed as long as the seller is the copyright owner of the photograph and states this in the item description. As discussed above, the first sale doctrine may also allow the resale of the original copy of the photograph. However, sale of unauthorized duplicates of photographs is a copyright infringement. Also, unauthorized sale of photographs taken at live music or stage performances may also be prohibited by the copyright owners. Music. Music on CD-R (including CD-RW) should not be listed, unless the seller is the copyright owner and states this in the item description. As discussed above, the first sale doctrine may also allow the resale of the original copy of the music. Trademarked materials. Sellers should not list products that bear the trademark, name or logo of a company, but are known by the seller not to be made or endorsed by that company. A seller who deliberately attempts to pass off counterfeit material under a trademark violates the provisions of the trademark act. Similarly, a seller that knowingly attempts to pass off seconds or distressed quality materials as new creates liability under the false advertising laws. Internet domain names. Federal legislation limits the sale of Internet domain names. Recent legislation bars bad faith registration or trafficking in domain names which are identical to or confusingly similar to a distinctive trademark. It would also permit trademark owners to seek cancellation of an infringing domain name if they can prove they attempted, but were unable to locate the owner of the name. A similar bill was approved by the Senate in August. As a result, domain names which fall into the above classification cannot be listed for sale on uBid.
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