timeforebaytodie
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posted on August 29, 2000 11:38:29 PM new
Stating that a company sucks is a matter of free speech and is not illegal or an infringement of copyright. This matter has already been tried in the courts...
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timeforebaytodie
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posted on August 29, 2000 11:38:29 PM new
Stating that a company sucks is a matter of free speech and is not illegal or an infringement of copyright. This matter has already been tried in the courts...
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networker67
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posted on August 29, 2000 11:40:50 PM new
timeforebaytodie - We had an interresting thread about it back in July. Seems the mighty ebay corporation tried to make the world think they have this great security. Then insulted the user base in the know intelligence by trying to say a whole bunch of lies furnished to them by an insane group of ebay Q and A diehards. The whole thing was quite hilarious to say the least. It ended when they tried to take me to court. We settled the matter and I have been quite happy ever since.
Which eludes to something else which relates to your situation. Want to know which buyer/ebay user you supposedly defrauded. File a simple tort for Defamation of Character Against ebay in your local jurisdiction. Via discovery you get the name and more information than you would want about the user. All the emails from that person to ebay and a whole lot of juicy stuff. When ebay lawyers try to elude the clause of the user agreement that all litigation has to be filed in California. Remind the judge that ebay has on 16 occasions broken that agreement to pursue litigation against registered users. As such the clause is unenforceable as ebay themselves only follows it when it is in their best interest.
And becareful with those ebaysuck sites. Should you get a decent amount of hits they will try and use the courts to get an order against you. And what's funy about their tactics is they love filing action "ex parte" which means they can get said order without your being there and then never file a subsequent suit to actually air charges against you. What's funny about that process is there are actually judges on the Federal Bench that will let them do it. The only way to stop them from doing it is to actually show up in court with your lawyers when they present their arguments. They normally run for cover when the sneak attack doesn't work.
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timeforebaytodie
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posted on August 29, 2000 11:46:37 PM new
networker: I am humbled for the first time on this board by someone's intelligence. Wow! I have thought about a defamation of character suit against them but am not sure how much that would cost financially. Any ideas at the legal bills here? What would you say a ballpark figure on something like that would be since you've been through it already in a different sort of way.
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EyeOfNute
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posted on August 29, 2000 11:48:10 PM new
HEY TODIE
So much for Banners doing any harm.
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timeforebaytodie
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posted on August 29, 2000 11:55:27 PM new
EyeOfaNut: Was that post supposed to have some significant value to this thread?
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EyeOfNute
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posted on August 29, 2000 11:57:26 PM new
Sorry, It didn't drive any people to your add page did it?
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timeforebaytodie
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posted on August 30, 2000 12:00:15 AM new
EyeOfaNut: I haven't posted any banners on ePay. Sorry to disappoint you. Unless they posted them for me for free which would be a first for ebay giving away something for free and all. If you have a link I'm sure the board would be dying to see this banner on eBay.
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EyeOfNute
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posted on August 30, 2000 12:05:10 AM new
I was talking about my post.....And if edhdsn can post crap about banners hurting Ebay then surely you don't mind my little post.
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timeforebaytodie
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posted on August 30, 2000 12:10:20 AM new
EyeOfaNut: The few ebay faithful who view this size is not a fair comparison to Ed's statements about ePay's banners that distract bidder's from seller's auctions. And all is doing well with my site and mailing list. I wish you were a little more concerned about how eBay mistreats its users (its seller's for the most part), however I thank you for your concern.
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MichelleG
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posted on August 30, 2000 12:37:28 AM new
timeforebaytodie
Your continued reference to EyeofNute as EyeOfaNut is a direct insult to another Community member and has earned you an informal warning. To continue to post in this manner will jeopardize your posting privileges.
MichelleG
Moderator
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timeforebaytodie
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posted on August 30, 2000 01:04:51 AM new
Michelle: Thanks for the advanced heads up.
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Crystalline_Sliver
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posted on August 30, 2000 05:07:10 AM new
And becareful with those ebaysuck sites. Should you get a decent amount of hits they will try and use the courts to get an order against you. And what's funy about their tactics is they love filing action "ex parte" which means they can get said order without your being there and then never file a subsequent suit to actually air charges against you. What's funny about that process is there are actually judges on the Federal Bench that will let them do it. The only way to stop them from doing it is to actually show up in court with your lawyers when they present their arguments. They normally run for cover when the sneak attack doesn't work.
networker, I would have to disagree with you on this.
As I mentioned earlier in this thread, AOL tried the same tactic with aolsucks.org, and the webmaster of that site filed harrasement charges aganst AOL after he found out that AOL contacted and tried to strong-arm his ISP PLUS AOL was violating his right to making critisisms of their service (i.e. Free Speech).
eBay would have a hard case aganst any anti-ebay sites, as they are protected by law. You can make a site that is anti, even if it is offensive, sick, or downright disgusting.
Now, i'm not protecting timeforebaytodie here, but understand that eBay would have no case aganst this, or any anti-ebay site, and certainly they can't do what AOL did when they "failed" to kill aolsucks.org; they simply took it and other anti-AOL sites and banned them from being accessed on their service.
eBay would have to live and bear it, and certainly pursuing these sites would be a waste of money and a bad tactic to present to the shareholders.
Just a little opinion of mine, debate if you wish.
:\\\"Crystalline Sliver cannot be the target of spells or abilities.
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krs
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posted on August 30, 2000 06:53:21 AM new
timeforebaytodie posted on August 30, 2000 01:04:51 AM
Michelle: Thanks for the advanced heads up.
LOL! Just in the nick of time, eh?
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jwpc
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posted on August 30, 2000 06:57:28 AM new
timeforebaytodie
If you spent as much time finding another place to sell as you have in writing your complaints here, and apparently steaming for months, you wouldn't have lost so many sales, and you would feel a heck of a lot better.
I've never encountered the suspension problem, but I did get sick of the Gestapo attitude and the ever changing rules, and ever increasing prices of eBay, and have learned to sell VERY successfully at another site.
Accept reality, eBay could care less about their sellers.
Paul Truth
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networker67
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posted on August 30, 2000 08:04:10 AM new
crystaline- Nothing to debate, however i was sharing with the thread some of ebay's tactics. When AOL tried it in that case. They attempted to use their shear size and strong arm the users ISP.
ebay on the other hand tried the same thing with my ISP but my ISP is my phone company. My total annual contribution to my phone company is in excess of $350,000.00 per year all services included. That tactic was doomed to fail. Next they hired a big gunlaw firm here in Chicago. They sent me an email titled "Notice of Lawsuit" I guess ebay expects people to be scared of being sued. And since most people are terrified of being sued it works in 85% of the cases.
There is nothing illegal about those sites as long as you don't actually infringe on the trademark of the site you are spoofing. I can see that timeforebay to die has done his homework. He registered all the possible names to spoof ebaysucks. Which means he/she has also made an investment in the endeavor. I salute them for taking a stand.
However ebay likes to slick the legal system since the law here is so gray.
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networker67
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posted on August 30, 2000 08:27:06 AM new
timeforebaytodie - The cost of the matter depends on your resolve and your objective. It can be as cheap as $500.00 or a very expensive endeavor. If your objective is to call attention to ebay's practices. The matter is cheap the media does a lot of the work for you. If your objective is to try and wrestle money from big busienss it gets pretty expensive depending on how intense the litigation gets.
In your case, have the lawyer file the defamation of character suit and seek a temporary restraining order against ebay for publishing NARU next to your name. Couple that with an injunction for ebay to furnish the information of the user that your suspension is based on. When your lawyer files all of that make sure the Court Beat for the newspaper is there to see a copy of your filings. Next thing you know it hits the wire services and bingo ebay's spokes guy has microphones and phone calls about the suit. Before you do this make sure you are at least 65% right. First rule of Civil Litigation against big business. You have to be the greater right in your action. Next make sure your ebay business and you can stand up to the media. You have to practice what to say to the press.
Above all be prepared for ebay to leak any thing bad they may or may not actually have. In my case they actually tried to make the suit and filings read as if I suspended for SHILL Bidding. I guess they picked that one hoping that people would view the action as ebay standing up against a shill ring. Would have worked but I have the emails that reinstated my account and the users here remembered that entire episode. Next stick to your issues as filed in the litigation. Don't go off on tangents about everything wrong with ebay. Stick to a key issue and don't entertain any other discussions. Well that's my advice and I know it works. I got a great settlement where ebay didn't gain anything they didn't already have. And I have the luxury of kicking them whenever I please. In fact my next kick will come sometime in February. I can't wait to see the face of ebay's corporate counsel when it happens.
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timeforebaytodie
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posted on August 30, 2000 09:21:11 PM new
Networker: These die hard ebay supporters who have sold their soul to the company will still say your wrong even though a court has decided otherwise. How dare you take eBay to court! lol. I may take your advice on this and start building a case later this week. Should be another fun hobby. Anything anti-epay is fun for me these days.
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timeforebaytodie
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posted on August 31, 2000 01:09:41 PM new
yes ebay is a tyrant. 
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quickdraw29
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posted on August 31, 2000 02:38:50 PM new
I've been on ebay for a year and a half, and haven't been suspended. Why? because I've done nothing wrong! Timeforebaytodie, makes you stop and think doesn't it?
When a person's user name matches their thread topic, makes you wonder, too! Maybe I should change my username to- "Ebaysavedmyassbuttheyjustpushmylimitsometimes."
Anyone else thinking about a name change to match their general feeling about ebay?
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timeforebaytodie
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posted on August 31, 2000 02:43:17 PM new
Well I was on eBay just under 2 years before I got abused and I was knocked off out of the blue without expecting it so don't feel so secure about yourself. When your time comes eBay will dispose of you. HOW DARE YOU judge me. How dare you even try to say I've done something wrong when you know nothing of my case. What a rude and completely arrogant thing to do. I have been unjustly NARUed by eBay. They have cost me about $30,000 in sales which if necessary will be recovered in court in San Jose at a later time. But HOW DARE YOU EVEN TALK!
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