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Ebay Can't Win
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elgato



Joined: 24 Feb 2005
Posts: 17241
Location: Texas

Posted: Mon Oct 23, 2006 10:36 am    Post subject: Ebay Can't Win  

eBay has been the subject of extensive criticism relating to its intellectual property practices. For example, threats of litigation have been made against eBay because certain of its sellers hawk merchandise that violate intellectual property laws.

eBay appears to be taking more of a proactive stance against illegal merchandise being sold on its Internet site, and has now been sued for that also! In the case of Opus Distributing v. Vertical Doors and eBay, 06 1482 (D.C. Oregon), eBay was apparently notified by a patent holder (Vertical Doors) that an eBay seller (Opus Distributing) was allegedly infringing its patent. Thus, eBay removed the seller’s right to sell its allegedly infringing product on eBay. (Vertical Doors and Opus Distributing both sell vertically-opening door hinges).


more.. link to news article
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damaradeaella



Joined: 23 Jul 2006
Posts: 501

Posted: Mon Oct 23, 2006 12:25 pm    Post subject:  

::cough::

That's not the only criticism they've been subject to lately...

Do they care? Doubtful... Does the media kiss their proverbial a$$... Yep... LOL

Poor poor eBay... Not.
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Patty00



Joined: 13 Dec 2005
Posts: 1018

Posted: Mon Oct 23, 2006 1:39 pm    Post subject:  

"My guess is that eBay utilizes an end user license agreement that gives it the right to de-list a seller’s merchandise if there is any allegation of anything improper about the listings. Furthermore, eBay probably requires that sellers indemnify or reimburse it for any litigation costs arising out of a listing. If that is the case (and I am not sure whether it is), Opus could find itself paying eBay’s lawyer fees for filing a lawsuit against eBay"

What kind of article is this where the writer doesn't do any research but merely surmizes? I'm not on Ebay's side in this - they've failed to police their own site and deserve many of the lawsuits hurled against them...but get the fact straight if you're gonna write about it.
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elgato



Joined: 24 Feb 2005
Posts: 17241
Location: Texas

Posted: Tue Oct 24, 2006 2:20 am    Post subject: Re: Ebay Can't Win  

In this world of ours in which we all live in, we all must realize there's a lawyer under every rock.

If your a huge company, you're bound to be sued for something or other, sooner or later.

Ebay has been operated on the idea of let it be and we'll fix it much later.
Guess what ebay? It's time to fix it IMHO!

With banning sellers on a canned email, scams running rampid and fakes out the WAZOO the lawyers have now found their new bread and butter for the next few years.

With such a huge worldwide open market for anyone to sell stolen goods or fake licensed products it was bound to happen.

Police your site with an even keel or pay your dues IMHO! Either that or pay your high dollar lawyers to keep you out of jail.
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damaradeaella



Joined: 23 Jul 2006
Posts: 501

Posted: Tue Oct 24, 2006 10:52 am    Post subject:  

"
Ebay has been operated on the idea of let it be and we'll fix it much later.
Guess what ebay? It's time to fix it IMHO"

No kidding... My majorcampaign group and I follow bloggingstocks.com and there is this pair of trolls/cheerleaders/investors in there basically with that mentality of "oh well"...

I sure hope eBay starts LOSING these suits, so that others will step up in ALL areas of their ill-practices and hammer the hell out of them!
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Patty00



Joined: 13 Dec 2005
Posts: 1018

Posted: Tue Oct 24, 2006 12:13 pm    Post subject:  

Ebay can't be expected to police its site and catch every little thing....but I feel they are eventually going to pay dearly for not policing it at all!

Case in point, Ebay thought it was smart putting a link to report an auction, for various reasons, right on the bottom of each auction. Well, they don't always work. I, and several others, reported an auction for a fake Picasso last week. The auction went on to completion and the ending price was over 2500.00. Ebay totally ignored our reports...I guess they were salivating over the FVF! If investigated, I think it would be found that Ebay will readily pull the auction of a small seller, but they ignore reports of fraud on their large sellers.
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