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Games: Sony, Sega and Nintendo

If you intend to sell on one or more of eBay's international sites, you will need to accept, and we encourage you to carefully review, the User Agreement, policies, and other requirements of that site. You can continue to reach out to the relevant customer service teams on the respective eBay site of your listing or transaction, as may be applicable to the nature of your query.

Video and software games can be sold on eBay only if you have the legal right to sell the same under applicable law and in doing so you do not violate any copyright, trademark or other intellectual property rights of any person.

Violations of this policy may result in a range of actions, including:

  • Listing or Want It Now post cancellation

  • Forfeit of eBay fees on cancelled listings

  • Limits placed on account privileges

  • Loss of PowerSeller status

  • Account suspension

Some Examples

Backup and/or Unreleased Games: Listing of backup copies of software, including games software, is not permitted on eBay. Click here for more information on eBay's policy on backup copies.

Here are some ways to recognise backup copies:

  • Games that require a mod chip or other special hardware to play. Backup copies, which cannot legally be sold separately, will require such hardware to play. Legal games NEVER require mod chips to play.

  • Games referred to as "Silver" or "Gold" copies. Backup copies are frequently sold using these terms. Silver coloured CDs are characteristic of mass production illegal copies frequently produced outside of Australia. These are sometimes called HK, Hong Kong, or Import versions (Note: some import versions are fine. But they cannot be the silver or gold variety).

  • Multiple games on one CD, especially "choice" compilations. In most cases, manufacturers only offer one game per CD. If you are offered a choice of several games to be put onto one CD, these games are backup copies.

  • More than one manufacturers? game on the same CD. Games manufacturers do not bundle games with each other. Such compilations are backup copies.

Pre-release, Promotional and/or Beta games. Selling or buying games which have been acquired prior to the manufacturer’s release to the public is prohibited.Listing of beta copies of software, including games software, is not permitted on eBay. Click here to see eBay's policy on listing of beta .

Manufacturer tip-offs:

Sony

  • Sony authentic games always are black on the bottom. Sony uses a proprietary technology that produces games with this unique design. If a Sony game is sold with a different colour CD, it is a backup copy. (note: Original import versions are fine, but they will not be the silver or gold variety).

Nintendo

  • Nintendo has only released few cartridges with multiple games on one cartridge.

  • All Nintendo games are on cartridges. Any version of a Nintendo game that is not on a cartridge has been illegally produced.

  • Software emulators that play Nintendo games without Nintendo hardware are illegal.

  • "ROM" is a tip-off term for illegally copied Nintendo games.

Sega

  • The sale of imported Dreamcast software and hardware may infringe on Sega's copyrights and/or trademark.

  • Devices that allow the play of import games on domestic systems are infringing upon Sega's copyrights.

Other illegal items related to games:

  • Selling mod chips is illegal

  • Selling emulators that allow people to avoid buying the proprietary manufacturer hardware required to play the legal version of the game is illegal.

  • Selling modified Playstations, modified game enhancers, or other game hardware which has been modified to play backup copies is illegal.

  • Selling hardware or software that is made for the purpose of illegally copying games is illegal. These include: Doctor Z64 (Nintendo).

Important Notes:

  • Encouraging the use of any device described in the above rules may be an infringement.

  • Even if you offer to sell your "time" and/or services and give away for "free" (rather than sell) a prohibited, questionable, or infringing item, this will not relieve you of potential liability. This applies to both seller and buyer.

Reporting prohibited, questionable & infringing items to eBay

Community Watch - Community members can report prohibited, questionable and infringing items to eBay.
Verified Rights Owners (VeRO) Program - Intellectual property owners can report items that allegedly infringe on their rights.

Why does eBay have this policy?

eBay urges sellers and buyers to comply with all governmental laws and regulations. Since the sale of counterfeit items, unauthorized replicas and unauthorized copies is prohibited by law sellers may not list these items on eBay. This policy helps protect buyers from purchasing counterfeit or fraudulent items, helps protect intellectual property rights owners against infringement, and helps create a safer marketplace.

Contact Customer Service

Report listing violations or problems with another eBay member.

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