eBay to fight against online restrictions - is this for real?

[Beachcomber]

Press release from eBay:
http://www2.ebay.com/aw/uk/200907.shtml#2009-07-06115357


After years of eBay being complicit in the abuse of their own Vero scheme and totally failing to address the many concerns of thousands of legitimate traders, it seems the impact in sales has finally got through - but I just can't trust this or the company anymore - what are they up to?

[ginantonic]

EBay is eating itself. As both a buyer and seller (for 7 yrs) I am totally disillusioned with it all.
My son has a vinyl signs business and has been selling on eBay, very successfully, for a while. He sells a lot of "almost" fakes - i.e. stickers that look like a well known brand, but are not, mainly to do with cars and cartoons. All of a suddon, they removed 40 of his listings in one go. When he queried it, apparently he had infringed their copyright regs.
There are still other sellers openly selling branded vinyl stickers, and they haven't been removed.
The practice nowadays is to remove your competition by informing eBay about them.
Like me, he is also disillusioned, and is actively investigating other auction sites like eBid, who, incidentally, are also allowing the branded stickers to be sold.

[paretowasright]

I say let e-bay get everything it has had coming to it.
They have bitten the hand that feeds numerous times and now they want the same people to rescue them.
I also doubt they will get that brand petition over ruled as brands can act against channels that sell fake or stolen branded products.

[Emcar Vending]

It won't make any difference.

A company can refuse to sell to anybody without giving a reason so the brands will just stop selling to anybody who sells where they don't want them to be sold.

[ginantonic]

I got this in my emails today:
http://mail.ebay.co.uk/op/m.do?id=36894bII2bcf20II1120e02fb37
Looks like they are running scared and are stepping it up a notch...

[fisicx]

He sells a lot of "almost" fakes - i.e. stickers that look like a well known brand, but are not, mainly to do with cars and cartoons.

If they resemble known brands that are copywrite then he is breaking the law unless he is authorised to use those images. If you know of others who are doing the same on ebay then report them. I have no sympathy for anyone doing this sort of business, you may not like the prices the big brands charge for reselling but that the way things work. If I were to start selling things with a near copy of your company logo but didn't pay you royalties you would also be a bit miffed.

With regard the press release, ebay is 100% wrong.

[Place of design]

EBay is eating itself. As both a buyer and seller (for 7 yrs) I am totally disillusioned with it all.
My son has a vinyl signs business and has been selling on eBay, very successfully, for a while. He sells a lot of "almost" fakes - i.e. stickers that look like a well known brand, but are not, mainly to do with cars and cartoons.
To be fair, dont e-bay have a point?

They are not the police, but they are obliged to react if something is pointed out to them

Why does your son not create "original designs" - probrably because
A. they wont sell
B. it sounds like a lot of hard work

He is profiting from somone elses creativity and hard work.. and that is OK?

[Chris34]

'He is profiting from somone elses creativity and hard work.. and that is OK?'

Add to that all the money invested in advertising that brand. Anybody who sells fake, copied or look alike goods are just as bad as a shop lifter.






Chris.

[OldWelshGuy]

He is passing off. that is a criminal offence . two wrongs don't make a right, HOWEVER Ebay is braking just about all the ecommerce elgislation available in the EU :(

[ginantonic]

I think you misunderstood - my son is not selling fakes - I couldn't think of a way to explain what they are. One example is the Playboy bunny; he sells an image he designed himself that just looks vaguely like the bunny, he doesn't call it that, and it doesn't have the word Playboy emblazoned across it. He also sells many images he HAS designed himself. The point I was trying to make is that there seems to be one rule on eBay for some, and another for others.

[fisicx]

One example is the Playboy bunny; he sells an image he designed himself that just looks vaguely like the bunny, he doesn't call it that, and it doesn't have the word Playboy emblazoned across it.

It's still passing off as there is an implicit association with the playboy trademark.

[MartCactus]

It's still passing off as there is an implicit association with the playboy trademark.

Exactly true.

Plus I never quite understand the argument that "other people are getting away with it so I should be able to".

I wonder whether someone up for burglary could point to the number of unsolved burglary cases as part of their defence - "thousands of other people are getting away with burglary, so I should be allowed to do it too".

[Beachcomber]

Exactly true.

Plus I never quite understand the argument that "other people are getting away with it so I should be able to".

Reminds me of the story of a man pulled over for speeding on the motorway.
When stopped by a policeman the driver protests that there were many more drivers going faster than him so why should be be peanalised?

With a weary look the copper said to the driver "Ever been fishing sir?"
A bit taken aback the driver replied "er, yes. Why?"
"Catch every one did we sir?" The copper repies!

[The Panda]

EBAY have had it good for years and all the time taking the Mick out of customers and sellers alike, with price hikes, forced to use Paypal, and so on. They never listened to their customers so why should their customers listen to them.
I am all for the reasoning behind it but is it not just EBAY themselves getting greedy and cloaking it by saying its something other.
I used to use them a lot for selling antiques and collectables up to around 5 years ago. Then they started charging for every little thing they could so that a fairly hefty percentage was going out of your account. Fees were rocketing.
Did they listen to their customers then? I don’t think so.
Let EBAY go the way all greedy companies deserve to go. Down. Let other less greedy auction sites take a bite of the cherry instead. That goes for all greedy companies that want to monopolise everything at the small business expense and customers alike. Tesco, Asda just a few examples.

[A Charles]

At the risk of being unpopular... am i the only one on here who thinks ebay is kinda ok? (putting on a bullet proof vest as I type this! ;))

[bdw]

No, my perception of eBay is that it has had its eDay and this is caused by people using it for business selling and "Buy it Now". On most occasions when I go on there I see consumer goods for sale at prices that are dearer than Amazon and I can get better service and guarantees with Amazon.

Apparently reasonable prices are usually greatly inflated by high postage and handling rates and eBay allowed all of this to happen along with their sanctioning of the sale of fake goods and software.

They have not done themselves any favours over the last few years but I also believe that they are being strangled by the dealers who use it. It used to be an auction site where you could pick a bargain or two. Remember that?

[SLF]

why don't you post us a link to view, or upload the bunny image here when people can decide for themselves if it really is a copyright infringement. Copyright means you can't even copy a close resemblance or one that in way way could be seen as that same design so, if people are buying it because they recognise the resemblance, then you are infringing copyright, like it or not.

[Beachcomber]

.......if people are buying it because they recognise the resemblance, then you are infringing copyright, like it or not.

Am I right in saying there has to be a certain number of differences in a logo or design before it can be classed as a design in it's own right and not a copy?

[Private Detective London]

Reading between the lines this seems more about eBay sidestepping responsibility for all the designer fake items listed on its website than anything to do with 'consumer choice'

[Wayne-SAF]

I laughed out loud when I got this email from ebay!!

After years of complaining about other sellers selling fake goods, I decied enough was enough, and haven't really used them for the past few years.

Now they want all those honest, genuine sellers to sign their petition, becuase manufactors have finally had enough of them selling fakes and copies of their goods!!

I for one could not care less about ebay. They've brought it on themseleves, turned a bline eye for years, and finally it appears their "see no evil" approach as come back to bite them hard!!

[Christiane]

Got the email, shocking they should ask for help from the very people they have been fleecing more and more year on year. I for one will not sign it, and I hope they lose this one!

[Place of design]

They are simply trying to save money by wanting to manoever the legislation into a place that requires them to do less in the event a listing is going against the grain

[guscat]

The real talent comes from having an original idea - A monkey could copy a logo, and I'm not into spending my hard earned cash on monkey art :)