From: William X. X. Xxx Xxxxx
Subject: eBay item 8172315920: Evangelion 2
Date: Thu, 24 Feb 2005 14:51:58 -0800
To: animegoddess56@xxxxxxxxxx.com

Hi,

After winning your auction of the Evangelion 2 PS2 game for a surprisingly low price, I realized that it's probably a bootleg copy. If it's an actual, original, legitimate, legal item, I would be happy to receive it. If, however, it's just a burned copy, and you haven't sent it out yet, would you please consider canceling my purchase and refunding my money so that I can go find a real version?

My eBay user name is jetfuel, and my paypal user name is
paypal@xxxxxxxx.com.

Thanks,
WVH



From: "Rhonda Xxxxxxx"
Subject: Re: eBay item 8172315920: Evangelion 2
Date: Sat, 26 Feb 2005 08:32:11 +0800
To: "William X. X. Xxx Xxxxx"

Your game has already been mailed. My auction clearly states "Bidders please email me before bidding"!! You should have emailed me beforehand because I do not offer refunds.



From: jetfuel@xxxxxxxx.com
Subject: Re: eBay item 8172315920: Evangelion 2
Date: February 25, 2005 21:29:05 PST
To: animegoddess56@xxxxxxxxxx.com

Fair enough. I shouldn't have assumed that you were working within the bounds of the law. :D



From: rswebhelp@ebay.com
Subject: Thank You for Your Report (Community Watch) (XXXXXXXXXXXXXXXXXXXXXX)
Date: February 28, 2005 11:28:46 PST
To: ebay@xxxxxxxx.com

We will review the listing(s) you have reported for violations of our
Unauthorized Copies Policy. We often rely on members like you to bring
such violations to our attention.

(et cetera)



From: service@paypal.com
Subject: Status of case # XX-XXX-XXX-XXX
Date: February 28, 2005 13:32:57 PST
To: paypal@xxxxxxxx.com

Dear William Xxx Xxxxx,

We are in the process of investigating the following claim:

------------------------------
Complaint Details
------------------------------

Transaction Date: Feb 22, 2005
Transaction Amount: -$5.99 USD
Case Number: XX-XXX-XXX-XXX
Seller's Name: Rhonda Xxxxxxx
Seller's Email: animegoddess56@xxxxxxxxxx.com


We have determined that you are due a refund on this PayPal transaction,
including shipping and handling, once the item, in its original condition,
is returned to the seller. Please note that we may be unable to make a full
recovery of your payment from the seller, as we are limited by the terms of
our buyer protection policies. Before returning the item to the seller,
please read the buyer protection policies in our User Agreement
(https://www.paypal.com/ua). Please note that you are responsible for
shipping and handling costs for the returned merchandise.

(et cetera)



From: animegoddess56@xxxxxxxxxx.com
Subject: Re: eBay item 8172315920: Evangelion 2
Date: February 28, 2005 13:49:35 PST
To: jetfuel@xxxxxxxx.com

Hello, I noticed in the claim you filed with PayPal you claimed what I was selling is illegal. I'd like you to provide visual or written proof that states selling Japanese burned games is illegal in the Continental U.S. I look forward to hearing your reply!

Thanks.



From: jetfuel@xxxxxxxx.com
Subject: Re: eBay item 8172315920: Evangelion 2
Date: February 28, 2005 14:46:14 PST
To: animegoddess56@xxxxxxxxxx.com

Hi,

PayPal is already convinced that I am due a refund, but just for educational purposes I went and read up on the copyright law.

Here's the title of the US code that deals with copyrights:
http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17.html

Specific sections of interest are:

Chapter 1 Section 104, on national origin of works. This section specifically includes works originating in "treaty parties", that is, countries which have signed certain copyright treaties (such as the WIPO) with the United States. Japan has signed on to the WIPO, as is shown at the second URL here:
http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000104----000-.html
http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16

Chapter 5 Section 501, on copyright infringement:
http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000501----000-.html

Chapter 6 Section 602, on importation. I'm not sure if this applies to our case, but it's interesting:
http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000602----000-.html

I think these sections make it pretty clear that United States copyright infringement laws apply to works originating in Japan. Furthermore, the game requires a mod chip to be played, but mod chips were made illegal by the Digital Millenium Copyright Act. I don't like the DMCA, but it's the law. So not only does the copying of this game break the law, but I'd have to break the law myself to use it.

WVH



From: animegoddess56@xxxxxxxxxx.com
Subject: Re: eBay item 8172315920: Evangelion 2
Date: February 28, 2005 20:38:05 PST
To: jetfuel@xxxxxxxx.com

First of all I appreciate you taking time out to send me these articles, I wasn't 100% sure if making burned copies of Japanese games was illegal or not. However, I find it surprisingly funny that you seem to act as if you know so much yet you would buy a game for $5.99 and assume it's a real copy, even though the auction states "Don't make any assumptions" It's very obvious that you bought this game to burn yourself a copy and later demand your money back. You tell me how illegal it is to put a mod chip in your PS2 system, but in your first email you said "would you please consider canceling my purchase and refunding my money so that I can go find a real version?" How do you intend to play the real version of the game on your PS2? Do you honestly think I believe you bought a Japanese PS2 system JUST to play imports, when you're obviously a cheap person considering you'd buy a game for $5.99 and assume it's the orignal, and go to extremities to get your $5.99 back. I really hope i'm wrong because I despise hypocrites. Oh and by the way, PayPal was never "convinced" that you were due a refund. When you filed the claim, PayPal sent me an email giving me 3 choices. 1) Refund your money. 2) Provide a refund only if item is mailed back to me w/ Tracking information provided. 3)Disagree with the claim and provide further evidence. I myself chose option 2. PayPal could only be convinced that you were due a refund if I had disagreed with the claim, and the agent who reviewed both claims decided the case in your favor.


From: jetfuel@xxxxxxxx.com
Subject: Re: eBay item 8172315920: Evangelion 2
Date: February 28, 2005 23:41:43 PST
To: animegoddess56@xxxxxxxxxx.com

Hello,

I'm glad that the US code sections I pointed out were informative to you. I apologize if I seem to act as if I "know so much"; I bid on the item without thinking, then realized shortly afterwards that it was probably not legitimate. That was certainly a mistake on my part.

About mod chips: I don't have one. The white PS2 in this picture is a USA model; the black PS2 on top of the VCR is a Japan model, purchased while I was visiting Tokyo in 2001:


I own twenty-seven PlayStation 2 games, all legitimate. Sixteen are Japanese, two are Korean, the rest are US:


I didn't complain to PayPal and eBay because I wanted my money back; $6 won't even buy me a sandwich at the deli down the street. Instead, what bothered me was the principle that my money was going to someone who profited from the work of others.

Just to be thorough, here's the legitimate version of the game I just bought on eBay.:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8171356095

I hope this clears things up.

WVH