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leeflang_archives
Joined: 10 Nov 2004
Posts: 40
Location: Dedham, MA - USA
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 Posted: Wed Oct 25, 2006 8:11 pm Post subject: |
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| dsteiner wrote: | This is part of the eBay User Agreement you agree to when you register with the site:
"When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.) "
http://pages.ebay.com/help/policies/user-agreement.html |
We know of the 'user agreement' setion on sublicensing. This is exactly where Ebay is on shaky legal ground. They addes the line '(We need these rights to host and display your content.) " .
The reason Ebay added this extra line is that they cannot leave it out. Any judge would then throw out their user agremeent section as invalid since they are required to offer a value in return for the right, not get it for free. The value they pretend to offer is that they 'host and display a user's content'. However this is also the line that will hang them, as it automatically means that they are restricting themselves to only copying our listing text in order to host and display our content to serve us. As soon as that is not required anymore, so in case I pull the specific listings, they have no right to distribute teh listings nor let others copy them.
It will be up to te judge to decide if any value is offered to a seller post-end of listing that gives them the right to copy. Since there is no benefit to a seller then, it is unlikely they can get away with it. Additionally, if one ends one's account with them, the game will be over too.
As soon as our web site with our content database is running we will test this by a cease and desist to both the aggregators and Ebay and we'll proceed from there. If necessary we'll split this process over Europe and teh USA, since the Europeans have better database protection laws for content owners like we are.
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Peter |
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leeflang_archives
Joined: 10 Nov 2004
Posts: 40
Location: Dedham, MA - USA
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| Posted: Wed Oct 25, 2006 8:26 pm Post subject: |
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| bobby131313 wrote: | | Quote: | | offer something in exchange to those providers or allow opt out |
They do give you the option to opt out. They tell you the rules, if you want to opt out, just don't list.
Its like telling someone they have to take off thier shoes when they come in my house. I'm not ordering them to take them off, they just have to stay outside if they don't.
eBay's not ordering you to give up your photo and description rights, you have the option to stay outside. |
My point is actually that Ebay is in breach of contract. They promise in their licensing section that they need the content to host our listings, but that is not true since we do not need them to host our listings beyond the end of a transaction and after 45 days I cannot do anything 'transaction based' anyways since that is when any unpaid report or not as described option ends and for leaving feedback there is no need to host the whole listing. It will be interesting to dispute when the need for 'hosting a listing ends'. As far as we are concerned we may argue that that the need how long to be hosted is the sellers' decision, since he is the one offering the item for sale and owns the original content (an ownership right that can never be lost), just like on a classifieds site. That comes back to the point that Ebay may well need to give control to a seller when his listing gets removed.
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Peter |
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shannonshirey2001
Joined: 10 Oct 2006
Posts: 1
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| Posted: Fri Nov 03, 2006 12:31 pm Post subject: questions |
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I just perchased your new book turn ebay date into dollars and question is would this book of information work by using to sell items at other auctions such as amazon or yahoo?
Shannon Shirey |
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Ina
Joined: 02 Aug 2001
Posts: 452
Location: Massachusetts, USA
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| Posted: Fri Nov 03, 2006 5:09 pm Post subject: |
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Hi Shannon,
Not Really. The book shows how to examine eBay sales data, and is geared to intermediate and advanced sellers.
Hope that helps,
Ina
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Ina Steiner, AuctionBytes.com |
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drewski
Joined: 15 Jul 2007
Posts: 1
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| Posted: Mon Jul 16, 2007 10:21 am Post subject: |
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Thanks for the information, I am still trying to learn as much as possible and all the info is very helpful
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Liquid Industrial Waste Service |
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mimi85
Joined: 09 Oct 2008
Posts: 39
Location: California
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| Posted: Tue Jan 06, 2009 1:15 am Post subject: Re: Welcome to Turn eBay Data Into Dollars |
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Ina, the link isn't working? |
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