lowprofile
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posted on January 24, 2003 10:41:56 AM
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030124/wr_nm/tech_ebay_lawsuit_dc_1
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kiara
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posted on January 24, 2003 10:51:04 AM
That's interesting to read.
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030124/wr_nm/tech_ebay_lawsuit_dc_1
"One of the cleverest things they did was saying, 'We are not responsible, we are only a platform,"' said analyst Safa Rashtchy for U.S. Bancorp Piper Jaffrey. "EBay is like Teflon cookware: nothing sticks to it."
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ewora
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posted on January 24, 2003 10:51:26 AM
[ edited by ewora on Jan 24, 2003 10:51 AM ]
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wendywins
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posted on January 24, 2003 10:52:25 AM
I don't care that this guy is suing over feedback. The only reason he is doing so is because he's an attorney and doesn't have to pay someone else to do it. Sounds like a spoiled brat. I can see him suing the seller over the falsely stated condition of the items. Or better yet, just file a chargeback.
What concerns me is the last paragraph about having to register a fictitious business name and collect sales tax. I sell mostly used items from my household and this wouldn't (?) be considered a business. Correct me if I'm wrong.
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trai
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posted on January 24, 2003 10:56:15 AM
That would harm the entire internet sales field if this goes thru.
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030124/wr_nm/tech_ebay_lawsuit_dc_1
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nanntique
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posted on January 24, 2003 10:58:44 AM
"The lawsuit also demands that buyers and sellers, who use aliases in eBay transactions, register their screen names with the state of California as fictitious business names, and that eBay be forced to collect state sales tax."
Yes. I also wonder about the above last statement, in the article. If that prevails, Sellers might be forced to register and pay sales tax to what ever state they sell to........ What an administrative disaster that would be!
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celebrity8x10s
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posted on January 24, 2003 11:06:41 AM
Actually I wonder if the seller mentioned, Tim Neeley, is the same seller, that defrauded myself and dozens others about 4 years ago. I was taken for $120, and found quite a few other people who were ripped off as well. I was contacted by a district attorney from St. Louis, where Tim Neeley used to reside. Mr.Neeley, made his money ripping off people on ebay and also by posting on message boards advertising movie memorabilia. He just took the payments and never shipped. He also used a bunch of aliases, like Tom Neeley, Tim Niley, etc. If indeed the seller being sued is one in the same, I hope Mr. Grace takes it to you but good.
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REAMOND
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posted on January 24, 2003 11:32:40 AM
eBay should win the suit. ISPs (and eBay is considered an ISP) have broad protection from liability for what users do on their system. AOL just had a similar suit dismissed stemming from a user slandering another user and AOL refusing to remove the posting.
While the ISP is protected, the poster can still be liable.
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celebrity8x10s
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posted on January 24, 2003 11:37:46 AM
Didn't ISP's just get warned about allowing mp3 downloads and allowing illegal pirating of copyrighted material? They may not be as protected as they once were. That "we are only a venue", will only fly for so long.
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neonmania
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posted on January 24, 2003 12:08:43 PM
: idn't ISP's just get warned about allowing mp3 downloads and allowing illegal pirating of copyrighted material? ::
The ISPs cannot be held responsible however they are now being pressured to release subscriber info related to people believed to be hosting large nummbers of files being made available to Kazaa, etc (BTW - am I the only person that has heard no mention of LimeWire - the mac friendly P2P venue)
nanntique....
As for Sales Tax question - Sales Tax is only charged for in-state transactions. State to State sales are not taxable
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quatermass
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posted on January 24, 2003 12:22:15 PM
Just another whiner looking for easy money!! Man these people make me sick.
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shop4shoes
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posted on January 24, 2003 01:15:57 PM
The guy is only doing what ebay told him to do. Under ebay's feedback removal policy it says they will remove feedback with a court order. Looks like he is taking them up on it.
A recent (a few days ago) decision involving Verizon. Service providers are not being pressured to release information, they are now court ordered.
http://www.nytimes.com/2003/01/22/technology/22MUSI.html?ex=1044075600&en=b56ab005f6f36c61&ei=5062&partner=GOOGLE
http://story.news.yahoo.com/news?tmpl=story2&cid=68&ncid=68&e=12&u=/nyt/20030122/ts_nyt/verizon_ordered_to_give_identity_of_net_subscriber
[ edited by shop4shoes on Jan 24, 2003 01:17 PM ]
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celebrity8x10s
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posted on January 24, 2003 02:08:12 PM
Yeah, but if this seller is the scumbag who ripped off countless people before, he deserves to be dragged thru the coals.
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Twelvepole
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posted on January 24, 2003 10:57:22 PM
eBay should win the suit. ISPs (and eBay is considered an ISP)
WHEN DID EBAY BECOME AN ISP? I NEVER HEARD OF ANYONE USING EBAY TO CONNECT TO THE INTERNET.
IN THE TRUE SENSE OF THE USE OF ISP, EBAY IS NOT CONSIDERED AN ISP AND DOES NOT HAVE THOSE PROTECTIONS.
HOWEVER THEY DO HAVE DISCLAIMERS ON THE FEEDBACK PAGES WARNING POSTERS ABOUT WHAT THEY SAY.... I HOPE THE PLANTIFF WINS... MIGHT FINALLY GET SOME DECENT CHANGES DONE TO THE FEEDBACK SYSTEM.
AIN'T LIFE GRAND...
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REAMOND
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posted on January 25, 2003 11:19:31 AM
ISP stands for Internet Service Provider and includes not only conective services, but also services that provide applications such as posting information by users. AW is an ISP.
In a copyright infringement case the court determined eBay to be an ISP.
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NearTheSea
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posted on January 25, 2003 11:56:58 AM
Reamond, maybe so. But that could be appealled in a more knowledgeable court
eBay an ISP ..... well hot dang ...
[email protected]
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