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Is Ebay Responsible when counterfeits are sold on their site??

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posted on Feb, 2 2006 @ 09:36 PM
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Tiffany seems to think so. They are suing Ebay for the counterfiet jewelry that has been sold on their site.

this would be bad not only for ebay, but for many other unconventional merchants if Tiffany actually happened to win!!

news.yahoo.com...



[edit on 2-2-2006 by dawnstar]

[edit on 2-2-2006 by dawnstar]




posted on Feb, 2 2006 @ 09:39 PM
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eBay is so large, how would they be able to monitor and check every single thing that goes through their system? It's unrealistic to think that they could... and Tiffany is probably just looking for money.



posted on Feb, 2 2006 @ 09:43 PM
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I doubt they will have a winning case considering ebays Terms of Use agreement that everyone agrees to before using the site.


Liability
You will not hold eBay responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

pages.ebay.com...



posted on Feb, 2 2006 @ 11:42 PM
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A ruling of this nature against ebay would be a blow against all internet commerce and in essence the foundations of the free market. I would hope that the case will fail, but who knows? I've never been on ebay and I have never bought anything there, but just from what I've heard it is a real world bazaar. I'm a real fan of Amazon however and I would really hate to see that model spoiled.



posted on Feb, 3 2006 @ 12:34 AM
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defanately not. ebay is a huge site. sure you have people who monitor it but its just impossible to check EVERYTHING. it's the buyers responsibility to identify a scam.

i knoe guys that have gotten scammed, myself included



posted on Feb, 3 2006 @ 01:50 AM
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Buyer beware.

Ebay states explicitly that they're not liable for the merchandise sold through their service. What's the confusion?

Stupid, greedy Tiffany's...

They know they can't get squat from the individual, so they aim their lawyers at the big dog hoping for a settlement (or at the very least some free publicity in the news media). Luckily there's no reason whatsoever that their attempt should succeed, and I'm sure Ebay's lawyers know that.


I'd be extremely disappointed to see them settle, seeing as they're clearly in the right. I think Tiffany's will drop the suit or the case will be dismissed before they have a chance to.



posted on Feb, 3 2006 @ 09:12 AM
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I'm inclined to agree with you all. It's unreasonable to believe that ebay could certify the validity of every claim made by the sellers on ebay. and the article states the possibility that Tiffany might have an ulterior motive....namely they want their product sold at only from merchants and vendors of their choice, or something to that effect. in other words, me selling my used tiffany products on ebay is taking a bite, no matter how small, out of their sales of new products....welll, sorry, but once I buy a product, I think I own the right to sell the thing whenever I grow tired of it!

but, there are alot of counterfiet merchandise being sold on ebay, and there is alot of unreported earnings I believe being gained through the site. and there's alot of sales tax that is being lost. and there's a massive budget deficit that needs to be closed!!!!

so, I guess in this crazy world that we have today, it wouldn't surprise me if the fruitcakes in washington along with the courts didn't decide to kill the internet bonaza, along with the flea market vendors and any other small individiual who might have decided thay are better off venturing off into their own profit making venture than they are in that low paying hoe-hum job!!



posted on Feb, 3 2006 @ 10:22 AM
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ROLEX is getting in on the lawsuit to create a class action lawsuit against all "unconvential merchants."

While Tiffany's is tackling ecommerce, Rolex is tackling the slowly fading streetcommerce. With the aid of FEMA, all street dealers of ROLFX and other brands of watches are being rounded up and placed into detention camps around the nation.

It is feared that OPEC is soon to get in on this class action lawsuit against people and companies marketing any power source that is not oil. Panic has striken these world whide companies, all who have denied questioning.

More to come later...

(unless I just made that all up, of course
)



posted on Feb, 3 2006 @ 10:32 AM
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I don't know how many of you watch Real Sports with Bryant Gumbel on HBO (top-notch journalism IMO), but on the current episode that's running they had a story about counterfeit sports memorabilia. There was a baseball card with the signatures of Ty Cobb, Walter Johnson, Babe Ruth, and Honus Wagner that went up for bid on EBay. I forget exactly how much the card finally went for but it was astronomical. Anyways, the Ruth and Johnson signatures turned out to be fakes.

EBay was not held responsible. Buyer beware, especially with sports memorabilia!

Peace



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