posted on March 13, 2006 08:49:30 PM new
There was a very faint message regarding Ebay's law suit over the buy it now and it may be on its way out. Anyone else heard any new information regarding this lately? Wonder if that will affect fixed price also if they lose the suit.
They can always asume the southern take on it-"Get er Done!.
Read several months ago the Buy it Now suit was scheduled for March, so who here thinks they will lose -or- will they win? Just curious.
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Without my ignorance, your Knowledge would be meaningless.
posted on March 13, 2006 09:09:48 PM new
My husband listened to a long report on this suit, in NPR (radio), and said it's about patent infringement. If won by the plaintiffs, it could have adverse effects on our ability to buy generic drug prescriptions. I don't understand any more of it than that, LOL. But I sure don't wish eBay good luck; they irritate me!
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posted on March 13, 2006 09:30:33 PM new
UHHHHH? RX drugs? thought buy it now was only for Ebay infringement. I think I am confused. But then again I stay that way.
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Without my ignorance, your Knowledge would be meaningless.
posted on March 13, 2006 09:36:59 PM new
I know! It sounds very confusing. Let's hope it gets cleared up for us soon. . . .
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posted on March 13, 2006 09:47:06 PM new
The briefs have been filed by all parties involved, and the case is scheduled to be heard by the Supreme Court on the 28th or 29th of this month. If they uphold the plantiff's request for a permanent injunction,which they most likely will, the BIN feature should disappear immediately. Ebay will then have to license it from the owners of the patent before it can be reinstated. It won't be cheap, and the likely increase in fees won't make it as attractive as it is now.
If Murphy's law is correct, everything East of the San Andreas Fault will slide into the Atlantic
Above is some history on the case. As I stated a month or so ago here in another post. I don't see how the case has a leg to stand on. Would this not make buying "anything" online for a fixed price from anyone and any website illegal due to pattent infringment? Just don't see how Merc could win. If they do it will be the total downfall of "ALL" internet sales period.
Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. - Albert Einstein
[ edited by mikes4x4andtruckrepair on Mar 13, 2006 10:00 PM ]
posted on March 14, 2006 04:49:20 AM new
This entire suit is unbelievable. uBid claims to have no fraud, yet they invite all eBayers over to their site. LOL! How long before they do have fraud if that happens? I love their claim of being the #2 auction site. They've got 5% (may as well be none) of the market share. Tom Woolston, President of MercExchange, said "It's a great day for a small company and a great day for uBid.com." Woolston is a substantial stakeholder in uBid, an online auction site. Not taking any arguments into consideration, this looks like a case of the green eyed monster to me.
Anyway, if eBay is forced to remove BIN, what happens to all our store items and the fees we've paid to list them? UBid could find itself with more enemies than friends if that happens. And, yes, what about other Internet sites offering items for sale? Are they the next target? Technically, your B&M stores had the BIN thing down first. Should they now sue MercExchange?
What a joke, IMO. I hope the Supreme Court uses some common sense on this thing.
Cheryl
"Our lives begin to end the day we become silent about things that matter." - Martin Luther King, Jr.
posted on March 14, 2006 11:53:13 AM newI love their claim of being the #2 auction site.
Sad thing is it could be true. With Ebay and it's monopoly on the auction biz and Yahoo's shooting itself in the foot. It is really hard to say who the number 2 is anymore. I would say there are about 5 or 6 sites that could claim to be #2 and all probably would be correct.
What a joke, IMO. I hope the Supreme Court uses some common sense on this thing.
I agree. They need to up hold the patent law as written. Ebay stole the idea. It is now time for them to pay up.
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Many misleading tricks in 2006. The new Demomoron slogan.
posted on March 14, 2006 12:28:14 PM new
Ok, now this is just my thought but IF MercExchange has a patent on BIN is it the software or is it the idea of buy it now? Also if it is just idea then how can a patent be put on an idea? If that was the case then I need to patent the idea everyone can't deposit money direct into their bank account it would have to be deposited into mine first held for a month for the interest then go to theirs. LOL I know -dumb - but having a patent on something they do not use is equally stupid. If it is software then can't ebay change something in it and still be able to do same thing. Call it Immediate Purchase IP or some such thing. There are lots of software out there that probably has patents on it and many other software packages that do essentially the same thing maybe as the patent one? Just a guess but Microsoft has patent on an OS and someone made another one ; which there are several, then if you click a icon and it opens another window are they infringing on that patent? I may be simplifying the senario but I don't get it at all. Someone is greedy and it all comes down to dollar signs. AND who is going to get hurt? US sellers.
I hope the judge uses lots of common sense but I have my doubts it will come to a good ending for any of us. A law is a law and no judge is supposed to bend it even if it doesn't make sense. I know nothing of patent laws, and less about all this garbage, but still think it stinks to high heaven.
EDIT: This url is PDF format but starting on page 15 read from there about the law suit Ebay merits etc. Very interesting and explains a lot but this jerk is still a jerk and a lawyer and still stinks.
filing
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Without my ignorance, your Knowledge would be meaningless.
[ edited by irked on Mar 14, 2006 12:44 PM ]
Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. - Albert Einstein
[ edited by mikes4x4andtruckrepair on Mar 13, 2006 10:00 PM ]