Online Activism: Stopping the Sale of Band Bootlegs

By Ryan "Shep" Shepard
Mar. 28, 2002

Looking back on my years in the online Dave Matthews Band community, one persistant problem has shown up time and again, with many questions following it. What does one do about the sale of bootlegged shows?

The official band website states: "The proliferation of commercial resale of recordings of our concerts has become a concern to us. Commercial bootleg's are not only excessively priced and of inferior quality, but primarily, they are an illegal use that threaten the taping privileges of everyone." Very true - the discs people reportedly come across at stores usually consist of poor cover art, have lousy sound, and cost in the vicinity of $18.99. The bigger scam, as I personally see it, is what's taking place online with unsuspecting buyers.

More and more often, one will come across sellers on such auction sites as eBay and Yahoo! Auctions selling live shows at inflated prices when they can be picked up online for the cost of the CD-Rs and postage - otherwise known as a "B&P" (Blanks and Postage). Those not in the know look around online, see a live show for $20 or more, and shell it out - thus playing the role of the unsuspecting dupe. This occurred quite commonly with the Lillywhite Sessions; when word of them finally reached the pages of Rolling Stone and other publications (long after it was known online), it set off dollar signs in the eyes of the unscrupulous.

So what's the trick to stopping these sales from occurring online? What does one do when one sees a live show on two Maxell CD-Rs with bids that would pay for a whole spindle of discs, and certainly two of them? I'm going to give you instructions on how to proceed with reporting fraud to two of the more popular auction sites, eBay and Yahoo! Auctions.

Yahoo! Auctions

Yahoo! Auctions has a site that's a bit difficult to find help on - it took me a few minutes to navigate my way into its depths and find the feedback form that I needed. It's located at http://add.yahoo.com/fast/help/us/auct/cgi_abuse - and filling out the form itself is a lot easier than finding it. Type in your email address and the auction ID number (which can be found on the page of the offending auction) - then select the radio button for "Illegal Items." (Though you may not consider a CD to be "illegal" in the usual sense, this is the best option here.) When it comes time to explain the reasoning behind this form, make sure to explain yourself (and the band's policy on bootlegging) clearly. That's the best way to make your voice heard, and have these auctions removed.

If you don't explain yourself well enough, most likely the seller will just get a reprimand. Definitely make a point to note point #5 in the Auctions Terms of Service.

eBay

eBay handles complaints roughly the same way, but the process takes a bit longer. Follow these instructions and you should be fine:

  • Jot down the item number for each auction. There's only per auction, so it's hard to miss - it's right at the top.
  • Go to this URL: http://pages.ebay.com/help/basics/select-RS.html - which can also be found by clicking on the "Safe Harbor" link at the bottom of any page. From there, you'll see a link on this page marked "Items that may not be allowed for sale."
  • Upon hitting the next page, note the second paragraph: "If you think you've spotted an item on eBay that isn't allowed, please Contact Rules & Safety. The Community Watch team will check the suspicious item and when appropriate, end auctions or warn sellers." "Contact Rules & Safety" is the link.
  • Here you'll see three boxes. In the first one, select "Questionable Content on eBay". In the second, select "Music - Guidelines for the sale of music." In the third, select the only choice: "Bootlegs". The new page will give you "Help Topics." Ignore them. Scroll to the bottom, and click the button marked "Contact Support." Unfortunately, it now wants your eBay username/password. If you don't have one, you'll have to register.
  • You should now see where you put in the numbers of the items (separated by spaces) and then your message.

Hopefully, this will aid those of you who come across auctions like these. Remember, this isn't a matter of stopping these auctions because you have nothing better to do with your time. Continued sales like these threaten the tapers' ability to tape - which in turn screws you, o loyal friend of the tapers.


nancies.org | March 28, 2002