posted on February 26, 2002 10:13:42 AM new
If any of you know any more about this action in Texas, can anyone tell if is a federal question or diversity? (I am assuming is it diversity)
What type of rule 23 class action it is?
(so we can determine whether we can opt out)
I have federal non hearsay admission of a party opponent statements regarding my auction being ended when similar (if not identical) ones were allowed to run full term.
I don't think it's fair to liken this situation to a speeding ticket under the reasoning that only those who are caught will pay. eBay is the most popular auction platform and they know it. To allow the court to issue a ruling based on an affirmative defense of "there are too many to offenders to catch" would leave an unwanted precedent for all platforms and user thereof subsequent to eBay to lean on and build on.
We are all paying for this service. Since eBay is so technologically sophisticated, why don't they simply impliment software that triggers a red flaf immediately upon launching the item instead of trying to go into active auctions and stopping them. This way it will save eBay and the sellers money from the get-go.
posted on February 26, 2002 11:00:11 AM new
It is not like a speeding ticket because it is a civil not a criminal action. All criminal actions have government discretion to arrest and prosecute.
This is a contract issue and associated torts.
It looks like diversity. However, there may be federal claims sounding in restraint of interstate trade and competition,as well as anti-monopoly statutes.
I agree that the defence of "the sysytem is too big to police uniformly" should not be an excuse and the precedent would be a profound defence for all businesses.
I would also rub their nose in the "just a venue" defence they have used so effectivly in the past. If they're just a venue, why did they remove your auctions on their own volition.
As I have said before, eBay should only remove auctions that have been properly reported for IP violations, and those for fee avoidance. Any other reasons, and they'll run into the possibility of more law suits.
