Clever Idea to Sell Copyrighted Material

Prior22 · May 6, 2024

I remember years ago on eBay when someone wanted to sell copies of DVD’s, or something similar, they had a clever idea. The seller would offer a pencil, or something else with minimal monetary value, and then list the copyrighted item as a free included gift. I’m curious if this is a legitimate way to sell copyrighted items without having the listing removed.

I’m asking this because down the road I would like to sell my hacked switch and this seems like a good way to avoid any sort of copyright issue.

Fugelmir · May 6, 2024

Why not use Craigslist, FB Marketplace, or a local pawnbroker?

BigOnYa · May 6, 2024

I remember years ago, a car dealership near me had a promotion/commercials on tv, selling a stuffed teddy bear for $25,000 and with each purchase, you receive a free car. It only lasted a few months and they stopped doing it because they claimed they were contacted by the USA tax dept, and was forced to stop. Not sure how true, or if legal or not.

KleinesSinchen · May 6, 2024

You may not distribute copyrighted content if you are not the rights holder or authorized by the rights holder. Taking money for it makes it worse, but it is illegal regardless of any stupid tricks.

However, depending on jurisdiction, selling a hacked console without games should be no problem. Ask a lawyer. Platforms might choose to not allow certain offerings even if technically legal.
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I think such things shouldn't be discussed here. Any advise to make money from copyright infringement is bad and might make GBAtemp a target "because the site is condoning piracy".
That goes beyond the usual attitude of many members more or less openly (or even proudly) confessing piracy.

Veho · May 6, 2024

If you're selling a hacked Switch and the "copyrighted content" is just the custom firmware, I think people are listing them as "unpatched"; buyers will know what's up.

The Real Jdbye · May 6, 2024

Prior22 said:
I remember years ago on eBay when someone wanted to sell copies of DVD’s, or something similar, they had a clever idea. The seller would offer a pencil, or something else with minimal monetary value, and then list the copyrighted item as a free included gift. I’m curious if this is a legitimate way to sell copyrighted items without having the listing removed.

I’m asking this because down the road I would like to sell my hacked switch and this seems like a good way to avoid any sort of copyright issue.

If you mention anything about piracy or other banned terms, your listing is likely to get reported and removed.
If you can somehow get the point across without making it obvious (as people frequently try to do with hacked consoles), it might slide under the radar. The problem is how to make it searchable without mentioning any banned terms.
Listing something as a "free gift" makes no difference. It's still part of the purchase. Everyone knows there's no such thing as free. And nobody is dumb enough to think that a pen actually costs $300.

Clever Idea to Sell Copyrighted Material

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