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Should Properly Described Counterfeits Be Allowed On Ebay?

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Sap's Avatar
Australia
16842 Posts
 Posted 12/20/2013  07:22 am  Show Profile   Bookmark this reply Add Sap to your friends list Get a Link to this Reply
Adding to the complexity are the different laws in place in different countries. Australia and Britain are fairly lax: you can make and sell counterfeits as much as you wish, so long as you describe them properly and you aren't trying to supply cheap circulating counterfeit coins. America is middle-of-the-road, requiring COPY stamped onto them. Canada is even more strict, banning all counterfeits, replicas and things that "resemble" counterfeits and replicas.

The different ebay divisions used to have separate policies for each country. The new worldwide policy, implemented fairly recently, has to be as strict as the strictest anti-counterfeiting country.
Don't say "infinitely" when you mean "very"; otherwise, you'll have no word left when you want to talk about something really infinite. - C. S. Lewis
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colonialjohn's Avatar
United States
1757 Posts
 Posted 12/20/2013  08:07 am  Show Profile   Bookmark this reply Add colonialjohn to your friends list Get a Link to this Reply
What is strange this ban is only for U.S. E-Bay. I try once in awhile to post a coin labeled as a contemporary ... and as you may know I get bumped sometimes - my rating at one time went from high to medium in terms of not following E-Bay policy. Its tough ... if I list a Kleeberg CC2R or GNL CC8R it may fly depending on who is looking that week - but still need to be careful and keep my rating marked as HIGH. Its stopping the Chinese crap to a large degree but they are still posted on foreign E-Bay sites. Normally when I sell its to promote a series once in awhile or to sell a lower grade duplicate ...

John Lorenzo
United States
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Tom Goodheart's Avatar
United Kingdom
856 Posts
 Posted 12/20/2013  10:26 am  Show Profile   Bookmark this reply Add Tom Goodheart to your friends list Get a Link to this Reply
My personal opinion is that counterfeits (by which I mean contemporary ones) are a valid area of numismatic study.

From the privately produced ('non-Regal') money of necessity of George III to the fact that much early European currency was increasingly poor copies of Greek coins or other 'recognised' designs, because that gave them authenticity, these are part of the history of money.

Basically ever since there were coins, someone somewhere has tried turning their hands to copying them for gain. But there's little practical difference between a base copy washed in silver and an officially debased issue designed to save the monarch some money.

OK, it could be argued that 'Dutch' or 'Tanner' copies of Cromwell crowns, some of the 'siege coinage' of Charles I, that sort of thing were made more for collectors than circulation, but most major collections owned examples.

Similarly electrotype copies which are not coins, but neither are they generally marked 'COPY' should be available to collectors today, just as they were 50 or 100 years ago.

The problem area for me (and I suspect most) are the Chinese (though they have been made in the Lebanon, Montreal and other places) copies designed to fool collectors.

In my experience ebay has been powerless to stamp out the last and yet overzealous pursuing very obvious souvenirs made in the wrong metal and to the wrong weight, or listings just for using the word counterfeit. That just seems daft. All that has happened so far seems to be one wrong has compounded another.

Better to insist on correct identification. Then those that wish to sell and collect contemporary counterfeits may. And those that are shown to be trying to sell modern copies to fool collectors by not identifying them should be banned from ebay.
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swamperbob's Avatar
United States
5362 Posts
 Posted 12/20/2013  1:35 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list Get a Link to this Reply
A lot of great ideas and thoughts so far. Thanks to everyone - keep them coming. I can see that the issue is approached differently by different types of collectors - which is as it should be.

A couple clarifications need to be expressed at the outset.

The EMA group I am part of (at least as now set up) is for US ebay ONLY. It has been months since I have gotten any other referrals from Canada or elsewhere. When I started, the manager in charge covered all of the English speaking ebay world. That was changed to North America and UK within weeks of my start and was later reduced further to just the US. We (EMRs) are not informed about internal management changes but the work flow and where it comes present obvious clues.

I clearly understand that the higher up you go in the management structure of any big company the fewer details are heard or understood by the decision makers. So simplicity is the KEY at upper levels. That is why I am trying to craft a VERY brief ( - me brief) statement that would not alter the expressed policies of ebay but would allow the EMR groups - the "experts" - to make case by case exceptions for properly described fully legal collectable CCCCs. Since EMRs are now more locally focused the various laws and restrictions could be followed for the POSTING site. That way ebay US would follow US law. Countries with laxer laws like Spain or China could be restricted from selling to the US. I know that is already done with posts to Spanish ebay using "falso de epoca" or "moneda falsa" descriptions.

I think the focus of what the exceptions should be is best left with the well documented CCCC types because the historical case is most clear for those.

There are some policy issues that are out of reach at present. One such policy is that coins marked COPY - even though they are acceptable under the USA HPA - are banned if they are similar in size, weight and design to original coins. The reason was the numerous proven instances where the word COPY was photo-shopped onto pictures of numismatic forgeries and the coins actually arrived unmarked. That policy is unlikely to change and should NOT change in my opinion because of downside risk - copies made since 1974 (those legal under HPA) tend to be a far larger threat than benefit to the hobby/business.

There is also an outright ban on clad bars and rounds made to resemble items like the 1984 Englehard Prospector pointed out above. This extends to generic or otherwise unknown designs on bars EVEN if marked. That too is a ban I have no dispute with at all. A clad ounce bar is more of a threat than a legitimate numismatic item.

Regarding lengthy and complex descriptions of which numismatic category a coin seeking exemption would fall under - I would prefer simplicity there as well with references to written sources preferred. Contemporary Counterfeit - (Riddell # or Kleeberg # or Davignon # etc) I can even see allowing Riddell like or Kleeberg type or possible Davignon. A description of Counterfeit uncertain origin works for me because then the EMRs could review and make the decision in any event.

Counterfeits of any kind posted as genuine items would have to be modified to alter the verbal description based on the EMR review. About 97% of the time (using my statistics) the coin would be removed anyway.

I view this "policy" as essentially internal to the EMR group and NOT one published in the general rules of ebay. The only modification of the published rules would be a brief note that ebay reserves the right, but is not obliged to allow exceptions to the rules on a case by case basis in the event of what ebay considers to be, in its sole discretion, a significant historical interest.

In addition, I see the need for a policy (or enforcement of an existing policy) that allows for quick termination of FRAUD based on descriptions. A clear photo is great (should be mandatory) but a written warning is equally important. There needs to be a policy that makes simple FRAUD a basis for removal all alone. This too would be at EMR discretion.

Right now the policy on descriptions reads :

Quote:
Replica coins aren't allowed. All other stamps, coins, and paper money must be accurately described.


Tagged onto the end of a line that starts with Replica coins - the 4 words "must be accurately described" can be overlooked. It should stand alone.

I think that Tom in the last post has expressed what I have felt for years and what seems to be echoed by the majority of collectors who have studied the issue.


Quote:
In my experience ebay has been powerless to stamp out the last {i.e. Chinese and other copies} and yet overzealous pursuing very obvious souvenirs made in the wrong metal and to the wrong weight, or listings just for using the word counterfeit. That just seems daft. All that has happened so far seems to be one wrong has compounded another.


That is what I am trying to correct.

We will never win on every nuance to this topic but if we can get the most valuable items allowed on ebay all sides - collectors - sellers - and even ebay will benefit.
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Wade's Avatar
Canada
2781 Posts
 Posted 12/21/2013  12:33 am  Show Profile   Bookmark this reply Add Wade to your friends list Get a Link to this Reply
I see lots of Canadian "blacksmith" tokens (aka counterfeit).

I see lots of restrikes.

I see lots of "replica"s and "copy"s.



it's already happening, might as well identify & control it (rather than keep it underground & exponentially profitable) so fewer people get taken advantage of.
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swamperbob's Avatar
United States
5362 Posts
 Posted 12/21/2013  4:16 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list Get a Link to this Reply
I was wondering if interest was as low regarding this subject as the voting totals seem to indicate. There have been over 500 views of the post but only 35 votes. At the present rate that indicates that less than 1 in every 10 members has an opinion?

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swamperbob's Avatar
United States
5362 Posts
 Posted 12/21/2013  4:35 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list Get a Link to this Reply
Wade You say:


Quote:
it's already happening, might as well identify & control it (rather than keep it underground & exponentially profitable) so fewer people get taken advantage of.


That is precisely the problem we face. There are numerous coins posted as "genuine" or with no certainty about origins which should be stopped. In the case of the small number that are collectable counterfeits, the sellers tend to get higher bids because there is a mix of bidders with differing objectives. Counterfeit collectors are in some cases forced to pay more for counterfeits because novice bidders jump in and raise prices. Properly identified counterfeits tend to sell at approximately correct market rates. In that case, as you say fewer people are taken advantage of.

Banning all counterfeits of current money and all numismatic forgeries makes complete sense. These are the dangerous (worthless ones anyway) that the Chinese are making ton of money selling. But stopping the 3% of auctions that are collectible and punishing for correct descriptions is what seems wrong.
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pocket change 50's Avatar
Canada
1751 Posts
 Posted 12/24/2013  5:02 pm  Show Profile   Bookmark this reply Add pocket change 50 to your friends list Get a Link to this Reply
This is very interesting. The thread brought up angles I never even new existed. I also didn't realize how complex the issue is. I wonder how many collectors are aware of the complexity I know as a novice collector it's beneficial to know and be aware of the breath of the issue. I'm in total agreement with Tom Goodheart's post. I'm wondering for a broader audience and more responses, it would be better to have the thread moved to the main forum. Especially since this affects all collectors and not just of a few countries. I'm a Canadian coin collector, so I'm pretty much in the Canadian forum or reading the main. I know we are very active in the Canadian forum, discussing the modern fakes from china, and reporting ebay auctions. I just reported a seller with a bunch of Chinese counterfeits yesterday. I even got an update email from ebay, stating they found more fakes on the account than I reported. Please ad a thread in the Canadian forum!! We have a wonderful individual Mike Marshall, who's a one man crusade on educating collectors and getting counterfeits removed from ebay. Mike was instrumental in getting ebay to craft it's new policies on counterfeits. Again, I never would of found this thread, except I got bored, and decided to check out other areas of the forum. I basically stick to the Canadian and main forum areas. This could be true of other people, and so they would miss this topic!
Edited by pocket change 50
12/24/2013 5:06 pm
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kbbpll's Avatar
United States
4233 Posts
 Posted 12/24/2013  8:03 pm  Show Profile   Bookmark this reply Add kbbpll to your friends list Get a Link to this Reply
Per @pocket_change_50, I wonder if this forum allows a single thread to appear in other forums simultaneously? I too would never have seen it except for coincidentally posting something else here.

As a novice collector, I too learned a lot from this thread. I voted yes on contemporary counterfeits, because I can see where the market is stifled by ebay with their current policy. I wonder if something like "allowable if clearly described and having historical value" would be easily understood by upper management and nebulous enough to allow selective enforcement.

Also as a novice collector my perception is that the current Chinese etc counterfeits are in the key date area, with significant value, and I would never purchase something like that unseen from ebay anyway. My biggest problem has been in the area of the "authorized third party grader" language in the original post. Who are these authorized graders and what is the criteria? Sales volume? Most of us know who I'm talking about.

A much bigger problem on ebay in my view is stuff like counterfeit bicycle frames. ebay has been full of these fake Pinarallos and Colnagos, very easy to duplicate a high-end carbon frame. Not to derail the thread, but I'm curious what the policy on this kind of stuff is.
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swamperbob's Avatar
United States
5362 Posts
 Posted 12/25/2013  01:24 am  Show Profile   Bookmark this reply Add swamperbob to your friends list Get a Link to this Reply
kbbpll You raise multiple issues some of which a coin guy like myself can not address.

You ask first

Quote:
if something like "allowable if clearly described and having historical value" would be easily understood by upper management and nebulous enough to allow selective enforcement.


I see that as a non-issue. Details in any large business stay with lower level workers and managers - NEVER BOSSES.

Remember all I am doing as an outsider is to attempt to suggest a new approach that could solve a "numismatic" problem while at the same time potentially increasing sales minimally but at no added cost. How it is received if at all is unknown. I am just looking at the issue from the perspective of a collector of things (CCCCs) which are completely legal to own, buy and sell but which have been caught up in a "semantics" catch-22.

The issue comes down to understanding the two terms counterfeit and fraud are just not the same. A 1799 8 Reale that is not genuine but which is sold as genuine is a case of fraud. The item is misrepresented resulting in the buyer being defrauded. Counterfeiting law does not apply to that case because the item is not now monetary.

On the other hand if someone tries to sell US $100 bills he made on his copying machine - that would be both fraud and counterfeiting. Counterfeiting always carries along with it an element of fraud but the reverse is not true. Fraud can occur without the coin being a counterfeit - doctored coins are a good example.

I am stressing the need for precision in terms relating to counterfeiting and fraud. Looking at all non genuine coins as "Counterfeits" is very lazy and imprecise. It is time numismatists get their act together in this regard. We need to pull together not apart on this kind of issue. Wasting our time on legal Contemporary Circulating Counterfeits that no longer are monetary is a WASTE of time that could be used better otherwise. Time wasted on contemporary circulating counterfeit coins actually impedes progress on removing actual fraud (numismatic forgeries).

Your second conclusion expressed below is simply not correct.


Quote:
the current Chinese etc counterfeits are in the key date area, with significant value


The most dangerous forgeries are actually the ones that draw no attention. Fake silver rounds or fake 1921 Morgan silver dollars are two very good examples. These are actually more common than the forgeries of rare coins but do not draw a lot of review. They are also the kind of things that the buyer tends to eat the cost of. This is likely motivated by pride (I got fooled), a sense that nothing can be done anyway or who will listen to a claim for a few dollars.

The other areas of ebay like Prada bags (I hope they make bags I don't really know) is really a case of copyright infringement and that is way out of my league. It is another type of fraud.

The problem in any transaction is always FRAUD. That is why we deal with people we know to be honest.
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CoinsKelly's Avatar
United States
3453 Posts
 Posted 12/25/2013  12:55 pm  Show Profile   Bookmark this reply Add CoinsKelly to your friends list Get a Link to this Reply

Quote:
The issue comes down to understanding the two terms counterfeit and fraud are just not the same. A 1799 8 Reale that is not genuine but which is sold as genuine is a case of fraud. The item is misrepresented resulting in the buyer being defrauded. Counterfeiting law does not apply to that case because the item is not now monetary.

On the other hand if someone tries to sell US $100 bills he made on his copying machine - that would be both fraud and counterfeiting. Counterfeiting always carries along with it an element of fraud but the reverse is not true. Fraud can occur without the coin being a counterfeit - doctored coins are a good example.


Applause! Applause! Applause!

What if the approach were to address the fraud and the fraud only. Those selling coins that purport to be something other than they are are committing fraud. Those that are selling a round that is not silver but say it is silver are committing fraud. Those that are selling properly described circulated restrikes are not frauds.

How about defining what is fraud. By elimination, if it is not a fraud, then it is ok. Thought?
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Bacchus2's Avatar
United Kingdom
2885 Posts
 Posted 12/25/2013  1:29 pm  Show Profile   Bookmark this reply Add Bacchus2 to your friends list Get a Link to this Reply
I voted for "Contemporary Circulating Counterfeits are allowable" because I'm interested in limes denari which circulated at the extremities of the Roman Empire and which are thought of as coins of necessity. They hover in that grey area between contemporary circulating counterfeits and pseudo-official coinage.

To have a complete ban on "counterfeits" would remove them from a marketplace, though admittedly I would rarely buy them from the US ebay site.
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kbbpll's Avatar
United States
4233 Posts
 Posted 12/25/2013  1:32 pm  Show Profile   Bookmark this reply Add kbbpll to your friends list Get a Link to this Reply
I did say it was "my perception", so I stand corrected.
I don't think "fraud only" covers it, because some sellers might not know they've been duped, or that the coin they inherited was never genuine.
I'm still curious who the "authorized grading companies" are according to ebay, because this has been a gray area of what I would consider borderline fraud. That MS-62 slabbed coin I bought from a high-volume seller was clearly EF at best to any knowledgeable grader. I suppose this has been a problem along with counterfeits for as long as people have collected coins, and thoroughly discussed elsewhere, but it relates to ebay policy in the same vein.
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SsuperDdave's Avatar
United States
23522 Posts
 Posted 12/25/2013  3:22 pm  Show Profile   Bookmark this reply Add SsuperDdave to your friends list Get a Link to this Reply
Swamperbob, I see this more as a Main Coin Forum topic than a World Coin Forum topic; the former can include the latter subjects, after all. We're going to move it and see if we can get you some more attention.
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wireman09's Avatar
Canada
972 Posts
 Posted 12/25/2013  4:53 pm  Show Profile   Bookmark this reply Add wireman09 to your friends list Get a Link to this Reply
I voted NO. Dosen't matter if there contemporary, fantasy, copy's or whatever you want to call them. They have no part in numismatics or this great hobby of ours. If you open the door a "crack", next thing you know it's wide open. Counterfeit coins could in years to come destroy this hobby. Keep the door closed.
Edited by wireman09
12/25/2013 4:57 pm
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