posted on September 3, 2002 09:45:09 AM new
tomyou ... are you suggesting that if a winner doesn't like the seller, it's OK to simply not pay for the win? I must have missed that one. I have purchased lots of stuff from folks who I wouldn't invite to dinner.
I think she got peeved when I took your advice and filed the NPB.
posted on September 3, 2002 10:23:17 AM new
I am saying that if I won something and then found out it was actually you I was dealing with I would just take the neg and move on. Once I found out your track record and history of suspensions, diffrent Id's , and not stop pointless rants I wouldn't send you a dime of my money regardless of that neg or NPB or other actions. Of course I do a little research of the people I purchase from before I bid and most learn to do that also.
posted on September 3, 2002 10:45:54 AM new
I hear ya tom, and if you do that a few times you'll be in NARU heaven same as I was!
wrt my "track record", can you define what, exactly, that is? In my multitude of suspensions and cast of ID's, can you point to even one auction where I either did not pay for something I bought, or did not ship something that someone else bought? If you or others don't want to meet your obligations with me or anyone like me simply because we might commit "victimless crimes" on eBay (i.e. they don't hurt any other members), then that's a pretty weak reason.
If you know how to do proper research, and have the desire to do such research on my eBay history, then let's hear it.
Hint ... since the inception of eBay, I have been suspended 3 different times. All of these suspensions were reinstated by eBay and none of them had to do with listing illegal items, failing to pay for a win, or failing to send an item that was won by someone else - all the things I have harped about.
Another hint: one of them was the result of an error made by eBay (they claimed my registration address was incorrect ... the exact same address that I have lived at for the past 25 years ... and they sent me one of those "you have 24 hours to prove who you are or you are suspended" emails. This arrived in my mailbox on a Friday night before a long weekend - I obviously could not respond to it. When I did respond from a different PC (hence different email address) the following Tuesday when I got back to town, they got really confused. Apparantely the seller who posted the only neg I have ever received was telling eBay that I listed my address as United States and that's why I had not received my win. Of course, neither eBay nor I could find the page this seller was referring to, I ended up having to FAX a copy of my DL to eBay, eBay reinstated me (with absolutely no apology) and that seller is NARU (check out his feedback!! - I never did get my win)
posted on September 3, 2002 11:27:19 AM new
Heck RB I am a powerseller so according to you I don't have to worry about being suspended for anything I can just wave my powerseller magic wand and do as I please. right ?
posted on September 3, 2002 11:46:53 AM new
It appears that way tom, although you probably have to tow the line with things like listing Nazi memorablia or firearms ... right?
All I am trying to point out is that I and several other eBay members that I know through my tape trading contacts have been suspended for listing Emmy Consideration tapes, which we believe are legal to sell and that are being sold everyday by eBay powersellers. One of these sellers even includes a homemade legal opinion on his listings that basically says the studio lawyers aren't worth salt and if eBay ends their listings, they will be sued for interfering with the seller's rights! I can find that opinion and paste it here if you would like to read it.
I also know of one member who has been suspended at least 5 times for selling studio review tapes and has re-registered under different IDs each time. eBay's written policy is very plain and straight forward when it comes to these kinds of tapes so I feel no empathy for someone who tries to sell them on eBay. I have an entire set of NBC review tapes for every series they aired last year, and every one of these tapes includes a warning on the label. They cannot be copied, resold or even given away. As a matter of fact, there is a name and address on the label for the NBC Publicity person that the tapes are supposed to be returned to after viewing.
I would never even attempt to list these on eBay, partly because it would be an obvious infraction and partly because most tape buyers have no idea of their value and would not bid accordingly. I sold a single tape from the series "The Others" last year to a private collector for $300.00 US ... I would never get that on eBay!
It irks me that powersellers can, and do list and sell these review tapes with no repercussions from eBay. It irks me even more when a powerseller can admit in his description that the tape is illegal and includes warnings, and still get away with it after being reported over and over again.
I mean, what am I supposed to think when I see this happening on eBay?
posted on September 3, 2002 11:54:22 AM new
I just knew you were going to ask, so here it is fresh from a current eBay listing. Of course, when the studios are contacted with this opinion, they cite the actual law regarding some of these tapes. OTOH, the eBay quasi-lawyers buy into it hook, line and sinker (don't wanna bite the hand that feeds them) :
As a note, sometimes auctions for these tapes are taken down by Ebay because lawyers illegally claim that these tapes violate copyright or trademark laws. This couldn't be further from the truth. These tapes are ORIGINAL tapes, not copies and thus CANNOT be a violation of Copyright or Trademark laws. Any lawyer worth their salt knows that Copyright and Trademark laws are meant to prevent KNOCKOFF products or COPYING of materialthere are not copies, thus not in violation.
Sale of these videos is SPECIFICALLY ALLOWED under the Copyright Laws of the United States (17 USC 109(a)) which states that "the owner of a particular copy or phonorecord lawfully made...is entitled, WITHOUT THE AUTHORITY OF THE COPYRIGHT OWNER, to sell or otherwise dispose of the possession of that copy or phonorecord." (emphasis added).
These tapes are given away with no strings attached to industry people. These industry people are then allowed, as per United States Copyright Law, to do whatever they want with the tapes, including selling them. I have repeatedly asked the studios to provide me with signed agreements to show that they retained rights in the tapes when they sent them out. They have refused to do so, thus the tapes are legal to sell. Further, This tape DOES NOT CONTAIN ANY RESTRICTIVE LANGUAGE ON THE COVER SUCH AS NOT FOR SALE, PROMOTIONAL USE ONLY. There are NO RESTRICTIONS PLACED ON THE GIFT AT ALL If a studio/producer attempts to interfere with this auction they will be sued for Tortious Interference with a legal Contract and/or Abuse of Copyright!
posted on September 3, 2002 01:28:46 PM new
All: Click on the AW user's name, click on "Ignore", and enjoy how much more readable most AW threads have become.
posted on September 3, 2002 01:34:38 PM new
fluffy (I know you're gonna peek!)
Most of us have been using this feature for a long time. I don't put those I disagree with on ignore, otherwise what's the point of a discussion. The ones I do have on ignore are those who post personal insults, illegible rants and stuff like that.
I can just wave my powerseller magic wand and do as I please. right ?