Back In Time – eBay Would Like Your Input

Posted 7 July 2009 by eventhorizon1984
Categories: Commentary, eBay

Tags: , , , , , , , , , ,

Back In Time – eBay Would Like Your Input
7 July 2009
EventHorizon1984

eBay sends out surveys to gather data to justify their future plans. And we get a lot of them.

We received yesterday (7/6/2009) the survey email below (personal information edited out). And it told us a great deal about how organized eBay is today.

The email is dated “From eBay Research Wed Jun 17 21:24:51 2009

“Tell me Doctor, where are we going this time? Is this the 50’s or 1999?”
Huey Lewis and The News
http://www.youtube.com/watch?v=R4hwY061yQ4
http://www.youtube.com/watch?v=PgyvMp5YWcI

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Dear *****,

We would like to invite you to participate in a survey about your experiences on eBay. Your input will help eBay to improve its communications and ability to meet customer needs. Your feedback is highly valued!

eBay has partnered with Decipher, an independent marketing research firm, to conduct this survey. This survey is for research purposes only. All the information you provide will be treated as strictly confidential and will be used only for bona fide market research purposes. Survey results are viewed in aggregate. Individual responses are not identified.

We hope that you will take the time to complete this 12-minute survey, as it is an effective and easy way to share your feedback with eBay.

To take the survey: Please click here

Thanks for being a part of the eBay community, and we hope to see you on eBay again soon.

Kind Regards,

eBay Research Department


This email was sent to you (*****) because your Notification Preferences indicate that you want to receive eBay product surveys. These surveys will ask you for your opinion on various topics; you will never be asked for personal information such as your password or credit card/bank numbers. If you do not wish to receive further communications, please sign into “My eBay” by clicking on the “My eBay” link found at the top of the eBay home page, and change your Notification Preferences. Please note that this change may take up to 10 days to process.

Decipher, Inc., an independent market research firm, is conducting this online survey for eBay. For questions about its validity, you may email us at research@ebay.com. To stop receiving e-mails from Decipher, Inc., please click here.

Have safety concerns? Learn how to protect yourself from spoof (fake) emails at:
http://pages.ebay.com/help/account/reporting-spoof.html

For questions about eBay’s communication policies, please visit our privacy policy at
http://pages.ebay.com/help/policies/privacy-policy.html and our User Agreement at
http://pages.ebay.com/help/policies/user-agreement.html

Copyright © 2009 eBay, Inc. All Rights Reserved.
eBay and the eBay logo are registered trademarks of eBay Inc.
Other trademarks and brands are the property of their respective owners.
eBay is located at 2145 Hamilton Avenue, San Jose, CA 95125.

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Comments

mylegacy-treasures
Recently, it appears that Mr D. and staff aren’t asking Qs just to get the answers that they want to hear.

Perhaps we can return to 2005, 2003, 2001 or even 1999! And have a happier, healthier and more successful buying and selling environment.

Jul-07-09 14:17:48 PDT
madcat1010
I got one that asked for my age!! I assumed it was a scam and sent it in to ebay…..they said it was legit.
Jul-07-09 14:22:49 PDT
cdlucel
check your ebay email first, before responding to your normal email provider..always go through Ebay..for all your needs..lol ;) woof woof
Jul-07-09 14:26:50 PDT

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Richard Ambrose Is Leaving eBay. Does It Matter?

Posted 2 July 2009 by eventhorizon1984
Categories: Commentary, eBay, eBay Customer Service

Tags: , , , , , , , , , , , , , , , , ,

Richard Ambrose Is Leaving eBay.  Does It Matter?
1 July 2009
EventHorizon1984

During the irregular perusal of Tamebay we came across the article Richard Ambrose leaves eBay for new challenges.

Not being in the eBay European theatre of operations we (including me) went, “Who??”

For those unfamiliar with Tamebay, it an excellent blog covering eBay from the European point of view. Or for some posters over there, the British interpretation of how best to use eBay.

Getting back to “Who??”, in the article, Chris Dawson of Tamebay wrote:

With over 1000 feedback (and no negs!) Richard knows eBay inside out. He was a valued and valuable member of the community, spending his own time on boards and forums talking to buyers and sellers and taking their concerns back to eBay’s internal teams.

The impressive description was followed by multiple posts, including one that stated:

Since he took the reins – incidences of serious fraud
affecting multiple users have become the exception rather than rule

“We” being the curious type decided to ask:

Citation with actual numbers please?

And promptly received multiple responses, none with numbers.

Still leaving the issue of “Who??”.  Not to mention the new issue of a rise in hits from eBay related IP addresses, after we made the tiny post.

This interest in Richard Ambrose got our collective interest up.  And like the keepers of The Prisoner, “we want information.”

.

.

“Trust me. I know what I’m doing.”
Sledge Hammer!

Richard Ambrose’s eBay.co.uk ID is medievalist (918).

Richard Ambrose

Richard Ambrose

From article dated, 14 November 2007.

Feedback Profile

medievalist ( 918)
Positive Feedback (last 12 months): 100%
Member since: 12-Jan-99 in United Kingdom
Recent Feedback Ratings (last 12 months)
1 month 6 months 12 months
Positive feedback rating Positive 39 115 205
Neutral feedback rating Neutral 0 0 0
Negative feedback rating Negative 0 0 0
Detailed Seller Ratings (last 12 months)
Criteria Average rating Number of ratings
Item as described 57
Communication 57
Dispatch time 57
Postage and packaging charges 56

Feedback is excellent, but as wryly noted by many he is an eBay employee.

Speaking of which if you check his complete listings you will find something missing.

eBay Employee Trading and Community Content Policy

The following are the rules that all eBay Inc. company employees must follow to use an eBay company Web site:

  • When eBay company employees list an item for sale on eBay, the eBay company employees must identify themselves as eBay employees and include the link to this Web page in their listing.

The above required disclosure remains oddly missing from Richard Ambrose’s listings.

Not to worry though as Richard Ambrose, before leaving eBay, was “UK’s Head of Customer Support and Trust & Safety.”
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“So Long, and Thanks for All the Fish”
Douglas Adams (1984)

Here’s his goodbye post on an eBay forum.  European style date of “01-07-09″ is equivalent to U.S. format “07-01-09″.

Mr Ambrose, if you’re lurking :-x

medievalist (915 ) View Listings | Report
Afternoon everyone,

Thanks for the (mostly!;)) good wishes.

It’s been a great privilege to spend six years at eBay supporting the buyers and sellers on the site.

I’ve particularly enjoyed posting on the boards during that time (though I haven’t done it much this year) – it’s the best place there is to take the pulse of the community and understand how the changes we make are really affecting people. I’m pleased to say that James is doing a great job of making sure that all the staff who don’t come here so much see the posts that are made and read the opinions that are aired here. They are more widely read, and have more impact on the decisions that eBay makes, than you might imagine.

It’s also been a pleasure getting to know some of you personally. Sorry for those of you who have ever found me direct in the past – I prefer not to mince my words, and I apologise for any times when that may have caused offence.

I’ll still lurk from time to time, and wish you all many happy and profitable years to come on eBay.

Cheers
Richard

PS trufflington, many thanks for your post. James now owes me a fiver :-D

01-07-09 16:31 BST 39 of 303

Since this was an informal goodbye, we’ll overlook the violations involved.

  • When eBay company employees submit Community content as members, not as employees, they must identify themselves as eBay employees and state that the content reflects their personal views and is not written on behalf of eBay Inc.
  • Content posted by eBay employees acting in an official eBay capacity will normally be identified by a different treatment from content published by members; for example, a pink bar highlighting the User name.

.

.

“I hired you because you look good. It’s like having a nice piece of art in the lobby.”
Dr. Gregory House, House

According to Linkedin, like the mythical ‘Elephant Graveyard’ a company where ex-eBay employees end up:

Linkedin Profile:

Richard Ambrose
Director, Trust & Safety at eBay Europe
London, United Kingdom

  • Director, Trust & Safety
  • eBay Europe
  • (Internet industry)
  • November 2008 — Present (9 months)
  • Head of Trust & Safety
  • eBay
  • (Public Company; ebay; Internet industry)
  • October 2007 — October 2008 (1 year 1 month)
  • Head of Finding
  • eBay
  • (Public Company; 10,001 or more employees; ebay; Internet industry)
  • September 2004 — September 2007 (3 years 1 month)
  • Senior Manager, Collectables & Entertainment
  • eBay
  • (Public Company; 10,001 or more employees; ebay; Internet industry)
  • September 2003 — September 2004 (1 year 1 month)
  • Head of Business Development
  • Music Choice Europe
  • (Public Company; 51-200 employees; Media Production industry)
  • January 2002 — June 2003 (1 year 6 months)
  • Commercial Manager
  • Talkcast
  • (Privately Held; 51-200 employees; Internet industry)
  • January 2000 — September 2000 (9 months)
  • Consultant
  • Decipher
  • (Privately Held; 1-10 employees; Management Consulting industry)
  • June 1999 — January 2000 (8 months)
  • Analyst 
Mercer Management Consulting
  • (Public Company; Internet industry)
  • 1996 — 1999 (3 years)

.

.

“The trouble with being infallible is that you have to deal with everyone else making mistakes.”
Emperor Cartagia, Babylon 5

Anyone who’s gone through stacks of resumes might be thinking ‘what’s behind the titles?’.

Glad you asked that.  Here’s a small sampler of Richard Ambrose projects.

eBay to make free P&P compulsory for DVDs
Saturday, October 11th, 2008 at 1:08 pm

  • “Richard Ambrose from eBay stated that some of the maximum rates will be below actual cost and for DVDs they will insist sellers offer free post, although upgrade to priority services and overseas postage can still be charged.”
Ebay Spokesman Richard Ambrose on Feedback Strike Boycott
February 22 2008

eBay Hopes to Boost Membership by Removing Seller Feedback
3:22 PM Feb 7, 2008

  • Starting Feb. 20, the online auction site will block sellers from leaving negative feedback about buyers.
  • “The feedback system has been around for more than ten years, and it remains right at the heart of what makes eBay work,” said Richard Ambrose, of eBay UK.
  • “But it needs to evolve a little bit.”
  • But eBay says sellers shouldn’t worry.
  • “As buyers are more honest about their feedback, good sellers are going to stand out more and more,” stated Ambrose.
  • “We’re also going to increase the help we give to sellers when they occasionally encounter a buyer who doesn’t pay. And we’re going to make it much easier for them to report that and get their money back.”
eBay ’sorry’ over policy change
Friday, 20 April 2007, 17:01 GMT 18:01 UK
  • “eBay’s Richard Ambrose says the changes make the site ‘fairer’”
  • “Until recently, items put up for sale by eBay customers on the UK site automatically appeared in the search results on the bigger American ebay.com site.
  • But since February, the most common ’simple search’ on ebay.com only brings up items for sale by US sellers.”
eBay’s 10-year rise to world fame
Friday, 2 September 2005, 17:11 GMT 18:11 UK
  • EBay spokesman Richard Ambrose confirms that the company intends to make the site more user-friendly for businesses trading in bulk.
  • “If you want to sell, say, 50,000 Jiffy bags or 25,000 bricks, you can do it, but it’s not a great experience,” he told the BBC News website. “In the next few years, we will be making it easier to wholesale items on the site.”
  • Mr Ambrose says that despite eBay’s dominant market position in many countries, the company is not complacent about the future.
  • “We’re in a strong, but not impregnable position,” he says. “We’re under severe pressure from Yahoo! in Asia – we’re in a fierce battle with them in China.”
  • EBay stirred up controversy among users by increasing some of its fees earlier this year. Mr Ambrose says this was to ensure that certain popular ways of making sellers’ listings stand out were not devalued through overuse.
  • “From the outside, it’s easy for it to seem that we’re trying to flex our muscles. But in the long term, we want people to grow on eBay and maximise their profits. When they grow, so do we.”

The inspector calls on eBay
12:01AM BST 26 Sep 2004

  • However, the Government is increasingly concerned that the sheer size of eBay means the Revenue is losing millions of pounds in tax.
  • “What has really made the growth explode is the shift which we have seen from being a site that is associated with collectable, quirky, hard-to-find, used, vintage items to one where people buy what we call practicles,” says Richard Ambrose, eBay’s UK category manager.
  • “By practicles we’re talking clothes, cars, golf clubs, watches. We’re seeing more professional traders and we’re also seeing more private individuals who are just thinking of eBay as a place to sell things that they wouldn’t have in the past.”
  • But just how easy is it for tax authorities to investigate traders? After all, this is cyberspace. How can investigators be sure tax dodgers can be tracked back to the real world?
  • “When people register with us we do check that their personal details are accurate and that their phone number is accurate,” Ambrose says. “Any seller is obliged to register a credit card with us.”
  • And what about the taxman? “Anybody buying or selling on eBay needs to be aware of what their tax responsibilities are,” Ambrose maintains. “But we are not in a position to enforce it . . . although we can and do co-operate with outside bodies.”

.

.

“Even though your wording was within the letter of the policy, it could easily have been interpreted as violating the spirit of it.”
Richard Ambrose, eBay

Coming back to the original question, ‘does it matter that Richard Ambrose is leaving eBay?’.

Based on what we’ve learned over the intervening hours:

Even though Richard Ambrose was working within the letter of the law, his actions could easily have been interpreted as violating the eBay Community spirit.

We find Richard Ambrose leaving eBay to be a non-event.

END RUN

“Gentlemen, I’m simply an honest businessman.”
Harcourt Fenton Mudd, Star Trek

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The eBay PayPal 10% Hold Solution

Posted 25 June 2009 by eventhorizon1984
Categories: Commentary, Fraud, Legal, PayPal, eBay, eBay Customer Service

Tags: , , , , , , , , , , , , , , , , , , , , ,

The eBay PayPal 10% Hold Solution
25 June 2009
EventHorizon1984

See also

The eBay/PayPal legal/financial team was busy at work implementing the new and improved 10% hold policy.  Where PayPal holds 10% of PayPal payments made to sellers.

The dunning template (we edited in the Fill In The Category) letter sent out on June 23rd reads:

Your business is important to us, and we are working hard to provide an easy, fast and secure payment service to you and your customers while keeping our prices competitive. We’re also committed to clearly communicating changes to our policies and procedures. To that end, we are writing to inform you of a change to your PayPal account, which will take effect 30 days from the date of this email.

Beginning 07/23/2009, a small percentage of the total payments you receive will be held temporarily as a reserve in your account. This small reserve amount helps to ensure that funds are available to cover payment reversals or buyer chargebacks, if you do not have a sufficient PayPal account balance and do not provide the funds to do so.

A reserve is like a security deposit for your PayPal account and is standard practice in the payments industry, especially for retail segments like Fill In The Category where there is a higher-than-average risk of reversals or chargebacks. This does not mean that you have done anything wrong. We are requiring a small reserve in your account because you sell in a category that has a higher risk of reversals and chargebacks and because you are relatively new to PayPal as a seller.

Your reserve amount will be 10% of the total payments you receive, which will be held on a rolling 60-day schedule. That means 10% of the money you take in each day will be held in your account, and then made available for withdrawal 60 days later.

For example, if you receive $2,000 every 60 days into your PayPal account, then a reserve amount of about $400 would be required on a rolling 60-day period. In other words, about $6.67 would be held in reserve each day, then released 60 days later.

If you are a PayPal Money Market Fund customer, you will still earn interest on your total balance while your money is in reserve. Click here for more information or to enroll in the PayPal Money Market Fund.

We recognize this is a change in the way we do business with you. By requiring some merchants to reserve money in their accounts, we’re able to lower our own costs. Keeping our costs low helps us to continue providing competitive pricing for all sellers who use PayPal.

If you have any questions about this change, please call us at 1-877-729-7252. We appreciate your business and look forward to a continued partnership.

Sincerely,

PayPal

According to orange_cape_hides_me the Fill In The Category covers:

  • “purses, clothing & fashion accessories
  • books
  • industrial
  • motor parts
  • games, toys (aver. price $25.00 or less)
  • stamps
  • fabric
  • pool supplies
  • and pet supplies”

According to PayPal:

The end of second quarter (June 30) looming for eBay and PayPal, explains the timing of the 10% hold policy.  Essentially new financial quarter, new revenue.  The why hold at all can be found in knowing what the “1%” represents.

Using numbers from eBay’s SEC (U.S. Securities and Exchange Commission) filing, 23 October 2008 10-Q Quarterly Report Form 10-Q, the following is the worse case (for sellers or best case for eBay/PayPay) calculation of “1%” per quarter.

  • Active eBay users affected:  830,000
  • Active registered PayPal accounts affected:  548,000
  • Net total payment volume, HELD:  $115,690,000

PayPal’s revenue in this case would be the interest on the $115 million per quarter, or $450 million per year.  Plus incidental fees.

As we’ve noted on previous occasions, this is what eBay/PayPal considers to be “small.”
“Keep On With The Force Don’t Stop
Don’t Stop ‘Til You Get Enough”
Released 1979, Michael Jackson (1958-2009)

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DESTROY ALL COUNTERFEITS! – eBay’s New June 2009 User Agreement

Posted 9 June 2009 by eventhorizon1984
Categories: Commentary, Fraud, Legal, PayPal, eBay, eBay Customer Service

Tags: , , , , , , , , , , , , , , , ,

DESTROY ALL COUNTERFEITS! – eBay’s New June 2009 User Agreement
14 May 2009
EventHorizon1984

Commentary

We made a condensed comment on the AuctionByte blog “eBay Revises Fakes Policy: Return, not Destroy“.  What follows is a full article.

The material in this article is provided to you free of charge, “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Basically talk to a attorney figuratively face-to-face when seeking legal advice.  Not that we’re dispensing any.

The May 13th AuctionBytes articles “eBay’s New Policy Instructs Buyers to Destroy Fakes” and “Questions over eBay’s New Fakes Policy” brought to light a section in eBay’s User Agreement, that would be implemented 14 June 2009.

  • For covered claims that meet the conditions and are not excluded, buyers are required to destroy an item if they claim it is not authentic. Once a buyer confirms destruction of the item, eBay will reimburse the buyer.
  • For covered claims that meet the conditions and are not excluded, sellers agree to not hold buyers or eBay responsible for the destruction of an item if it is not believed to be authentic

Looking at the California statutes, eBay INC being located in the State of California, this type of action is covered under “California Criminal Law”, “Crimes Against Property”, “Larceny”, “Grand Theft”, etal.

All 50 U.S. States and U.S. Territories have similar laws.  Then there’s the matter of Interstate Commerce, and it’s coverage by the U.S. Attorney General and the F.B.I.

And yes, there’s more.

A day later someone at eBay with a legal background must have read the MBA produced User Agreement.

Scott Shipman

On May 15, eBay will be releasing a revised user agreement. This revision will address the obligations of buyers and sellers in transactions where a buyer has alleged receipt of a counterfeit item.

Under the revised agreement:

  • Buyers and sellers shall work in good faith during the resolution process to determine that the item is not counterfeit.
  • If buyer and seller cannot determine that the item is not counterfeit, buyers are required to send the item back to the seller. Cost of return shipping will be paid by the buyer or eBay, unless both buyer and seller have agreed otherwise.
  • Covered claims that meet the conditions and are not excluded will count as a violation by the seller of our prohibited and infringing items policy.
  • If eBay determines the buyer is not acting in good faith, eBay may restrict or eliminate their ability to return items or make future claims.
  • Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any eBay Inc. web site or service.

These revisions to the user agreement are being made to:

  • Provide sellers protections against inaccurate counterfeit claims.
  • Provide buyers assurances about the authenticity of the item received.
  • Maintain integrity of the eBay marketplace.

The new User Agreement is effective immediately for new members registering on or after today, and on June 14, 2009, for current members. You don’t need to do anything to accept the new User Agreement. If you don’t wish to accept it, you can follow these instructions to close your account.

Sincerely,
Scott Shipman
Senior Counsel
eBay Inc.

For the casual reader, these are eBay User Agreement sections being referenced:

http://pages.ebay.com/help/policies/user-agreement.html

Buyer Obligations:

  • Buyers agree to file claims in accordance with the conditions, exclusions and coverage limitations as further explained in the eBay Purchase Protection policy.

  • For covered claims that meet the conditions and are not excluded, eBay will reimburse eligible buyers by PayPal or by coupon redeemable on eBay, in eBay’s discretion, based upon a number of factors, such as whether the buyer has a PayPal account, the type of payment made to the seller and the payment amount.

  • Buyers who eBay believes are not acting in good faith, abusing the program or a seller, attempting to commit or committing fraud, or trying to unjustly benefit from the program may become ineligible for eBay Purchase Protection. Buyers who become ineligible will be notified by eBay prior to ineligibility.  eBay reserves the right to temporarily, indefinitely or permanently suspend the eBay Purchase Protection program immediately if we suspect abuse, excessive claims, tampering, or interference with the proper working of the program.

  • eBay Purchase Protection doesn’t cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where you have been or may be compensated from another third party. Please read the eBay Purchase Protection policy for more details.

Seller Obligations:

  • Sellers agree to follow the program requirements as explained in the eBay Purchase Protection policy.

  • All sellers with an open claim must work in good faith to resolve the claim, refund money and/or provide a replacement item, and accept a return of the item as explained by the eBay Purchase Protection Policy.

  • If a seller doesn’t resolve a claim, the seller agrees to pay eBay the amount paid by eBay to the buyer in accordance with the eBay Purchase Protection policy. eBay will invoice the seller for these amounts and seller agrees to pay eBay in accordance with the invoice terms.

Obligations when a buyer opens a claim alleging an item is counterfeit:

  • Sellers shall work with the buyer in good faith during the resolution process to provide buyer with appropriate documentation or other assurances to satisfy the buyer that the item is not counterfeit, if such information is available.

  • If buyer and seller cannot agree that the item is not counterfeit, for covered claims that meet the conditions and are not excluded, buyers are required to send the item back to the seller. Cost of return shipping will be paid by the buyer or eBay in our sole discretion, unless otherwise agreed upon by the buyer and seller.

  • Covered claims that meet the conditions and are not excluded will count as a violation by the seller of our prohibited and infringing items policy.

  • Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any eBay Inc. (including our subsidiaries, joint ventures, and other members of the group) web site or service located around the world.

  • While buyers are not obligated to provide third party confirmation that an item is counterfeit in order to open a claim, in cases where there is written confirmation from the manufacturer that the item is counterfeit, or in additional circumstances where eBay elects to exercise its discretion, eBay may request the destruction of the item by an authorized third party and at eBay’s expense.

Let us briefly go through the new legalize.  Keep in mind that legal documents are written to minimize, or eliminate, vague, and subject to multiple interpretation, language.  At least that is the goal.

Condensing the above counterfeit section down to a more understandable form:

  • If buyer and seller cannot agree that the item is not counterfeit” this “will count as a violation by the seller of our prohibited and infringing items policy“, and “buyers are not obligated to provide third party confirmation that an item is counterfeit“.

Same as Scott Shipman’s announcement, got it?
This part is solid:

  • in cases where there is written confirmation from the manufacturer that the item is counterfeit

However there remains more language that eBay’s legal team must clean up.  Which is not necessarily Scott Shipman’s pervue. See http://news.ebay.com/team.cfm Michael Jacobson, eBay Senior Vice President and General Counsel.
Take a look at this:

  • or in additional circumstances where eBay elects to exercise its discretion, eBay may request the destruction of the item by an authorized third party and at eBay’s expense.

Read it very carefully.  eBay can destroy seller property when “eBay elects to exercise its discretion“.  This part does not clearly explain “discretion”.  In less legalize, “discretion” could be very very very very loosely replaced with ‘whim’.
This has a bit more clarity:

  • eBay may request the destruction of the item by an authorized third party“.

But lacks the explanation of what happens should eBay NOT request destruction.  Because of the word “may”, the statement can be interpreted as:

  • “or in additional circumstances where eBay elects to exercise its discretion, eBay may or may not request the destruction of the item by an authorized third party and at eBay’s expense.”

Consider what happens in the event that eBay does NOT request destruction of the item?  Do you know what happens to the seller’s item?  There are multiple possibilities, indicating that this part is vague, and NOT clearly written.

Eventually eBay’s legal team needs to put in a list of authorized third parties that will be used for destruction.  That is fairly minor though.
This part is not minor:

  • at eBay’s expense.

This CAN be interpreted as, ‘eBay will pay for the cost of destruction’.  Fine, but incomplete.  Remember IN CONTEXT “at eBay’s expense” refers to the cost of destruction PERIOD.

Lets revisit the original issue in the original User Agreement.  eBay makes the buyer whole and pays for destruction of a seller’s item, but THEN who ultimately pays for the money given back to the buyer?  The rewritten user agreement remains ambiguous or missing in this matter.

Consider what happens when a seller resolves the claim in good faith, informs the buyer to return the item for a refund, the buyer maintains the item is counterfeit, and eBay chooses to “exercise its discretion”?

  • “If a seller doesn’t resolve a claim, the seller agrees to pay eBay the amount paid by eBay to the buyer”

Is it likely that this provision, under Seller Obligations, would be applied whereby eBay unilaterally chooses to “exercise its discretion”, declares the claim is not resolved, and eBay has the now seller’s item destroyed?

  • eBay will invoice the seller for these amounts and seller agrees to pay eBay in accordance with the invoice terms.

Anyone notice there is more ‘whim’ in the new rewritten user agreement?  Is this deliberate or an oversight?

And as William Cobb would put it, soooo Is there more?  Yes.

Think it’s time to hit to personally hit the word processor Michael Jacobson ESQ, and clean up this mess?
“It’s sort of an obsession with me to do the best I can for a client. My clients aren’t blameless. Many of them are crooks. Probably a lot of them are guilty. That’s not for me to determine. That’s for a jury to determine.”
Perry Mason

“The character of every act depends upon the circumstances in which it is done.”
Oliver Wendell Holmes JR, U.S. Supreme Court

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The “DESTROY ALL COUNTERFEITS!” is homage to the Toho Company movie “Kaiju soshingeki” or “Destroy All Monsters!” (1968).

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eBay Media Center – Senior Management
http://news.ebay.com/team.cfm

Michael Jacobson
Senior Vice President and General Counsel, eBay Inc.
Michael Jacobson

Download image

As senior vice president and general counsel at eBay, Mike Jacobson’s responsibilities include overseeing eBay’s legal department, its risk management program, and its policy group. He is responsible for interactions with content regulators, law enforcement, contracts, SEC compliance, and other legal matters.

Prior to eBay, Mike was a partner with Cooley Godward LLP where he was recognized as an expert in securities law. His responsibilities included corporate and securities transactions, including mergers and acquisition transactions, public offerings, and venture capital financing.

Mike earned a Bachelor of Arts in Economics, Magna Cum Laude, in 1975 from Harvard College, where he was a member of Phi Beta Kappa. He subsequently received his law degree from Stanford University in 1981, where he was a Nathan Abbot Scholar and a member of Order of the Coif. He also received the Hilmer Oehlmann Jr. award as well as first and second year honors.

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Notable Comments

.Questions over eBay’s New Fakes Policy
by: Grab your torches

Wed May 13 14:28:53 2009
Just calm down, you silly people
When the smoke that you yourselves are generating clears, you’ll see that a third party verification is needed. This system is already in place and has been used for a long time.

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4343martino
Well fer sure…every buyer is a honest upstanding citizen of what ever third world country they happen to be in..You should know that by now world-secure….there never has been or ever will be a dishonest e-bay buyer…they dont exist..not in this world or the next..just ask e-bay they will tell ya…LOL>>>What a crock of sh*t e-bay has created with this one..chalk up another one for the lawyers…LOL>>>
Mark
May-13-09 15:27:25 PDT

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Questions over eBay’s New Fakes Policy
by: Grab your torches
Thu May 14 13:45:31 2009

So much hype here.
Where does this false info about mailing counterfeits come from? It is illegal to sell them, yes. Illegal to use USPS to sell them, yes. NOT illegal to use USPS to send them to be authenticated/destroyed.
The eBay UA only states that a buyer must “confirm” that a counterfeit has been destroyed. It says nothing about the manner of that confirmation. The current process for a destroying a counterfeit is not spelled out either. Do you assume this means the buyer just has to say they did? No, they ship it to Texas, where it is supposedly destroyed if counterfeit, or resold if authentic. Is there any reason to believe that this won’t be pretty much the same thing?Any idiot knows that if all eBay will require is a buyer saying they destroyed it, then this cannot possibly be legal. Why then, do you all believe this is what eBay is going to do?

It seems much more likely that the user agreement is being left deliberately vague, for any number of reasons.

I swear, Ina could tell you that eBay Singapore was adding a category for human trafficking and you would all eat it up and repeat it everywhere.
Clowns, all of you.

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Questions over eBay’s New Fakes Policy
by: Grab your torches
Thu May 14 14:18:52 2009

Why doesn’t somebody here just go ahead and buy a fake purse? Do it. You’ll be making the world a better place removing a counterfeit. Much better than reporting it, getting the listing removed so the seller can peddle it somewhere else. Actually buy it and the fake seller is out the money and the counterfeit.
Now, tell eBay it’s a fake and see what they ask you to do.

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Questions over eBay’s New Fakes Policy
by: Grab your torches
Thu May 14 15:04:12 2009
“If ebay doesn’t want incorrect information floating around about ANY of its policies, then the policy should be completely transparent and 100% of it posted.”

Seriously? This is a defense?
I would like a little more clarity over this policy as well, but that DOES NOT JUSTIFY MAKING THINGS UP!

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Questions over eBay’s New Fakes Policy
by: Grab your torches
Thu May 14 15:11:55 2009
Some secret policies are good.
The list of words in a title that restrict how many of a certain thing you can sell, for example. Make that known and people selling counterfeits know exactly what to avoid.
Exactly how best match works also. Remember when some unscrupulous sellers figured out to put NEW NEW NEW in the title to push their items to the top?

While I do not see the logic behind their vagueness in this case, I wont deign to say that it does not exist. I can’t say with any certainty that 100% transparency wouldn’t create an opening for the counterfeit sellers to abuse.

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A “Pay with PayPal” Requirement On eBay End Of Auction Message

Posted 9 June 2009 by eventhorizon1984
Categories: Commentary, Fraud, Legal, PayPal, eBay, eBay Customer Service

Tags: , , , , , , , , , , ,

A “Pay with PayPal” Requirement on eBay End of Auction Message
13 May 2009
EventHorizon1984

Commentary

Nothing like watching eBay push for an investigation of PayPal due to Sherman Antitrust violations.

For a good part of the this year and up until the second weekend in May, after a buyer made a purchase on eBay.com, that buyer received a standard End Of Auction email.  And that email started like this:

Dear **customer**,

Congratulations! You committed to buy the following item:Check out and send your payment now to get your item within 4-5 days.

But beginning the second weekend in May 2009, eBay altered the message text.  The brand new payment message looks like this:

Hi **customer**,

We hope you enjoy your latest purchase. The next step is pay the seller.
Don’t wait. Pay now to get your item within 4-5 days.

Pay with PayPal, the safe and easy way to pay for your eBay purchases.

It does not matter whether a sellers uses direct credit card processing through a merchant account, or one of eBay’s straw dog alternatives like ProPay, Moneybookers, Paymate, the buyer will see “Pay with PayPal“.

This is what eBay defines as “convenient payment options“.  That is “convenient” to eBay equals “Pay with PayPal“.  Or maybe ‘Any eBay seller can have a any payment method they want so long as it is PayPal.’
“Any customer can have a car painted any colour that he want so long as it is black.”
Attributed to Henry Ford 1909

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Comments

tryork5ifp
first there was paypal…….then toothbrushpal…..Now there’s vegetablepal and genetaliapal!!!!

when will eBAy STOP!!!

May-14-09 12:22:52 PDT
mylegacy-treasures
eBay will stop when they have become the ‘we-own-the-world-pal’ and Mr. “D” can go to his country club without being embarrassed to admit that he manages a multibillion dollar corporation named eBay. (psssst – don’t look at the share price)
May-14-09 12:39:46 PDT

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