posted on October 18, 2000 11:01:44 PM new
I was on the new Disney Ebay auction site. I was going to bid on a couple of items that I thought would go up in value in the future.
I sell Disney online, so I thought this would be a good investment. I was wrong.
I found this on the terms and conditions of the ebay/disney auctions:
"At no time may the Buyer or Buyer’s successors or assigns use, or authorize, or permit any person to use for any commercial purpose whatsoever (i.e., items cannot be resold, rented, displayed, duplicated for commercial purposes or at a commercial establishment, etc.)"
So if I purchase an item from their website, I can't sell it at all in the future? What is up with that?
posted on October 18, 2000 11:19:02 PM new
I just read about this site today in the paper. I haven't visited it yet. Doesn't sound like they're too friendly.
[ edited by MaLady on Oct 19, 2000 11:45 PM ]
posted on October 19, 2000 03:19:51 AM new
If you buy it under those particular terms, sure. It IS a legally-binding contract, remember?
They don't want you buying stuff and then selling it in competition with them...hasn't anyone here ever been indoctrinated into the evil that Disney truly is? "Stealing" state housing funds for sewer systems in the Magic Kingdom, closing down day care centers...Mickey Mouse ceased to be a term for small-time operations about a decade ago.
Uncle Walt is spinning at about 4500 rpm right now.
posted on October 19, 2000 07:22:46 AM new...hasn't anyone here ever been indoctrinated into the evil that Disney truly is?
Well, after working for them for over 15 years, it is clear that they're certainly not the wholesome, family oriented, customer-friendly company they try to sell themselves as. They were a lot different when "Disney" was Walt Disney, not the Walt Disney Co. The new corporate motto: SHOW ME THE MONEY!
posted on October 19, 2000 07:33:33 AM new(i.e., items cannot be resold, rented, displayed, duplicated for commercial purposes or at a commercial establishment, etc.)
So if you purchase a Mickey Mouse T Shirt you've got to take it off before entering McDonalds... what's the problem with that. Oh... just remembered McDonalds requires shoes and shirts.
The worst story I heard about Disney was some elementary school in LA painted Disney characters on the side of the buildings. Disney informed them they were violating their licensing agreement and the characters would have to be removed. Warner Brothers found out about the story and hired a team of painters to paint Bugs Bunny and his friends on the school walls out of their pocket. Now if that story is true who made the wiser decision?
posted on October 19, 2000 07:56:37 AM new
TRC - "hasn't anyone here ever been indoctrinated into the evil that Disney truly is?"
As much as I hate to say it, growing up with Disney on tv every Sunday night, you are spot on. Their emphasis on marketing has long ago overtaken Walt's intent to make us smile and enjoy his creations
posted on October 19, 2000 07:57:44 AM newI just can not believe it.
Most people can't. Their impression of "Disney" is from their trips to Disneyland and the Disney movies they saw in the theater as a kid. They've managed to pull off the one of biggest PR coups in history- hardly anybody would ever (want to) believe that they are not the greatest thing since sliced bread.
Make no mistake- this is NOT your father's Disney.
edited to add... RB made my point before I even finished posting.
[ edited by mrpotatoheadd on Oct 19, 2000 07:59 AM ]
posted on October 19, 2000 08:22:36 AM new
I think they're full of crap! How can they ever enforce such a policy? If the item isn't marked "not for resale", they can't control what you do with the item.
posted on October 19, 2000 10:33:23 AM new
One problem is that those policies are written by people who have no clue about the real world... corporate lawyers. All they want to do is say, "See Boss, I wrote 30 pages they cover every from now until when the sun goes nova."
Disney is not the 1st company I've seen with a no-resale clause. The BMG CD Club has a clause that you can't resell its CD's (I think that Ebay and Half.com should ban all CD sales just to be sure that no BMG CD's are sold .
posted on October 19, 2000 01:45:34 PM new
I hope everyone reads the " cannot be resold" clause in the Disney(r) conditions of sale. It would appear that they want to thwart secondary markets for their products.
Whether that clause is enforceable is another question.
posted on October 19, 2000 02:16:44 PM new
So, if I happen to have an item which I pick up at a local auction, which is also sold on the Disney site and I try to sell the one I bought elsewhere they will not let me?
posted on October 19, 2000 02:23:25 PM new
I suppose it is only a matter of time now before Disney VERO's everything Disney on the main eBay site...after all, who would know who was trying the dirty scurvy thing of trying to re-sell one of the items bought on the Disney/eBay site...far better to yank all the auctions, can never be too sure...as well as their paying constant homage to their champion God The Buck...simply can't tolerate any of the little people out there competing with the big MM!
posted on October 19, 2000 02:44:07 PM new
I am a bit confused by The reasoning that Disney is using. If they sell items that cannot be resold in a secondary market,the objects have no collectible value.
Why would I spend $1,000.00 on an item that I can never sell.
This would sound totally absurd if the Ford Motor Company tried to do this.
I thought some of the value in a collectible is in the possibility that it becomes more valuable and then can possibly be sold for a profit.
What happens if someone dies.? If the item cannot be resold then it must be given away or thrown out.
But the person it is given to cannot sell it,the item has no value at all.
This situation looks like it is going to create an underground black market.
I guess this would be a good situation for dealers who sell face to face at shows as I doubt that Disney can control that market.
posted on October 19, 2000 03:30:47 PM new
I believe this will backfire.
First it's foolish to make rules you can't enforce.
Second - an attempt to control a mass of people is doomed to fail no matter what.
posted on October 19, 2000 03:42:11 PM new
"At no time may the Buyer or Buyer’s successors or assigns use, or authorize, or permit any person to use for any commercial purpose whatsoever (i.e., items cannot be resold, rented, displayed, duplicated for commercial purposes or at a commercial establishment, etc.)"
(the following information is not given as legal advise, nor should it be construed or repeated as such)
This doesn't even BEGIN to be legal! The verbage is written for the purpose of scaring the ignorant. Its unlawful, and completely without merit. To read this, you would think that if we acquired a t-shirt that was once sold by Disney online at a garage sale (making us the "buyer's successor" that we don't have the authority to resell it, or even display it? LOL!!!
I for one will not be snookered by the clown police at Disney, or anywhere else. If I pay for ANYTHING from an authorized dealer or licensed affiliate, then the transfer of ownership for said item goes to ME! This is NOT the American flag we're talking about. Who the hell do these people think they are?
Look, part of my purchase price for the merchandise I may choose to buy from them goes toward reimbursement of licensing fees, and merchant permits that are applicable to the original merchant or company. In other words, they already got THEIR compensation for a percentage of the production, advertising, display, and licensing of that item upon original sale. My obligation to them as a consumer is OVER. I have no express or implied contract of any kind and for any reason with Disney NOT to resell any item I legally buy from them (provided the resale is of the original item without modification or implied agency), and once more, simply having a disclaimer clause on their auction site does absolutely NOTHING to make it legal. As a buyer, you would have to sign off on acceptance of such stupidity BEFORE you made each and every purchase from them.
So here is MY disclaimer to the Disney Co.:
I WILL resell any item that I have legally purchased at my sole discretion for whatever price the market will bear! I WILL advertise it for sale, I WILL display it for sale, I WILL describe it as an original Disney piece whereby I can prove it, and I WILL sell it to the highest bidder. My only responsibility to Disney from a legal standpoint is to insure that my original purchase was lawful and done without the intent to illegally remanufacture and distribute the product under the pretenses of agency, or to infringe on copyrights held by the Disney corporation by reproducing said works without express permission.
The stupidity and arrogance of this clause negates ALL collectors from the ability of purchasing Disney merchandise for investment purposes. That is, if you let the RAT frighten you off.
posted on October 19, 2000 03:45:52 PM new
Good point, but then again most Disney junk only has a "value" because of decades of very successful intense marketing -- a lot of their stuff really is at the yard sale level, only more expensive in the current market. Maybe this is a good thing, eventually Disney collectibles will completely dry up & die, and we can all get on with selling the actual good stuff, not cutsy wutsy mindcrap for the masses -- oh sorry, that was a rant, wasn't it -- does anyone own the rights to Rants, wouldn't want my tongue VERO'D!
posted on October 19, 2000 05:17:19 PM new
Just spoke to my Dad...the infamous corporate lawyer. I briefed him on the Ebay/Disney situation and here is a quote: "If ownership passes from A to B, then A can't lawfully restrict B from selling it". He found whatDisney wrote in their disclaimer to be quite amusing. He said that they can write that day and night, but it would not be enforceable by law. Hope that helps!
posted on October 19, 2000 06:42:02 PM new
Sounds to me that if you buy something from the Disney site you damm well better have it buried with you just to make sure none of you great great grandchilden get any funny notions about selling the object.
Oldstuff: I asked the one I have on the sofa and he rolled his eyes and said that this disclaimer sounded too absurd to waste any time to even think about it.
posted on October 19, 2000 07:34:00 PM new
Better tell the "infamous" corporate lawyer to hit his research a little harder. A contract for transfer of property can indeed have limitations regarding the secondary sale or disposition of the property, as well as constraints on possession, transfer of title, if title is included, and a host of other conditions. Happens all the time with all type of goods e.g., software, real estate, works of art, contracts for architecture, trust fund disbursements, car leases, and personal services.
The issue with the Disney situation is whether in a casual retail transaction this condition is enforceable, especially when the condition is buried on another page.
No secondary sale is quite common with the software that comes with most PCs - unless the sale of the PC is included with the software.
that we don't have the authority to resell it, or even display it? LOL!!!