EventHorizon1984 Log

Daybreak Game Company Claims They Are Not Owned By Columbus Nova

Daybreak Game Company Claims They Are Not Owned By Columbus Nova
EventHorizon1984
26 April 2018

 

“we want to set the record straight”
Daybreak Game Company LLC

With the "edited by Roxxlyy" stamp of approval, Daybreak Game Company made this odd announcement.

In short, Daybreak Game Company claims they are not owned by Columbus Nova.

Multiple publications, such as Games Industry and Massively Overpowered, have speculated that the announcement has to do with the U.S. Department of the Treasury freezing Russian assets.

Whatever Daybreak's reasons are to "set the record straight," perhaps they can get Roxxlyy to edit this gem from the publication Forbes.

• Sony Online Entertainment Sold To Investment Firm (Erik Kain, February 2, 2015)
  • "Sony Online Entertainment, newly rebranded as Daybreak, is a great addition to our existing portfolio of technology, media and entertainment focused companies. We see tremendous opportunities for growth with the expansion of the company's game portfolio through multi-platform offerings as well as an exciting portfolio of new quality games," said Jason Epstein, Senior Partner of Columbus Nova"
  • "We are excited to join Columbus Nova's impressive roster of companies." John Smedley

Or this 'shiney' from Venture Beat.

• Columbus Nova has no plans to shut down any Sony Online Entertainment games (Jeff Grubb, February 2, 2015)
  • "The company (Columbus Nova) says it takes a "long-term view" on investing, and the company plans to apply that philosophy to its new game developer"
  • "I imagine Columbus Nova will look to expand revenues on consoles, PC, mobile, and tablet and then decide what to do with Daybreak," Wedbush Securities analyst Michael Pachter

Presuming she's not hit by the current round of Daybreak layoffs.

/*

Addendum 2018.04.26

The current Daybreak Games Privacy page makes this statement.

"Daybreak Games may share your Personal Information for the purposes described in this Privacy Policy (except for direct marketing) with its affiliates, including any entity that directly or indirectly owns fifty percent (50%) or more of the outstanding equity in Daybreak."

That current section differs from past Privacy pages. Such as this 'sparkly' from September 03 2017. Courtesy of the Internet Archive WayBackMachine.

Emphasis ours.

"Daybreak Games may share your Personal Information for the purposes described in this Privacy Policy (except for direct marketing) with its parent companies, which consist of Columbus Nova Private Equity Group (“CN”) and any company controlled by CN that directly or indirectly owns fifty percent (50%) or more of the outstanding equity in Daybreak."

Depending on your level of lawyer-ese, the sentence states Columbus Nova "directly or indirectly owns fifty percent" of Daybreak.

Interesting.

/*

"Oooooookay"
Bull Shannon (Richard Moll), Night Court (1984-1992)

//

Alex Mauer DMCA’s The Internet

Alex Mauer DMCA’s The Internet
EventHorizon1984
27 June 2017
Updated 28 June 2017

The Digital Millennium Copyright Act of 1998
“Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.”

Since the inception of the DMCA (Digital Millennium Copyright Act), no Section 512(f) penalties were ever applied to abusers of the 1998 Act. That is, until 2015. The case was Automattic Inc. v. Steiner.

“Automattic was likewise successful in claiming damages of $1,860”
“The court also awarded attorneys’ fees, which are expressly allowed by section 512(f) … a total of $22,264 in fees.”
First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)
Daniel A. Zlatnik & Aaron Rubin

That case built on the results of Lenz v. Universal Music Corp.

So what does this have to do with the article title?

“Starr Mazer DSP had an altercation with it's musical director. The end result was a massive amount of DMCA strikes issued against YouTube and Twitch content creators alike.”
SidAlpha

Alex Mauer the “musical director,” and Imagos Softworks, are locked in a copyright dispute. Both parties claim ownership of video game music. After negotiations deadlocked, Alex Mauer raised the DMCA sword to ‘all things’ Imagos.

Including YouTube videos that fall under Fair Use. Which is where our interest lies.

“Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.”

This conflict is moving to Federal Court.

If you came here because of the Alex Mauer ‘Clickbait,’ (not really clickbait but go with it) get up to speed by checking out the references from the list below. Some videos are mere bait, but entertaining nevertheless.

27 May 2017

DMCA (Copyright) Complaint to Vimeo
Sender Alex Mauer
Allegedly Infringing URLS:
https://vimeo.com/73373338 http://archive.is/DRFKU
https://vimeo.com/55823830 http://archive.is/H2jNG
https://vimeo.com/40921927 http://archive.is/ylDC5
https://lumendatabase.org/notices/14421267 http://archive.is/108hA

4 June 2017

DMCA claim by Alex Mauer for Starr Mazer
Sender Private
Allegedly Infringing URLS:
https://www.kickstarter.com/projects/imagosfilms/starr-mazer http://archive.is/fIdee
https://lumendatabase.org/notices/14462977 http://archive.is/dlVBA

DMCA claim by Alex Mauer for Starr Mazer
Sender Private
Allegedly Infringing URLS:
https://www.kickstarter.com/projects/imagosfilms/starr-mazer
https://lumendatabase.org/notices/14462979 http://archive.is/QxQ9X

5 June 2017

DMCA (Copyright) Complaint to Vimeo
Sender Alex Mauer
Allegedly Infringing URLS:
https://vimeo.com/35259959 http://archive.is/5hA7i
https://lumendatabase.org/notices/14461591 http://archive.is/wRLKp

13 June 2017

STARR MAZER : DSP - Wrongfully DMCA'D #WTFU ?
Temmie Plays! (1.4K subscribers)
https://www.youtube.com/watch?v=Ugd3cRI8r4c http://archive.is/GKsEP

23 June 2017

Copyright Strike Levied Against Starr Mazer Videos
MemoryLeakDeath
https://www.youtube.com/watch?v=bkJauxaYS60 http://archive.is/kVRPy

A wave of DMCA strikes hits YouTubers
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=i15_OLOXLmo&t=9s http://archive.is/chu7N

24 June 2017

Je parle du cas de Starr Mazer et les fausses attaques DMCA par Alex Mauer
Alexandre Armont
https://www.youtube.com/watch?v=IoryDHxtTuc http://archive.is/MMZ3V

Weaponizing DMCA's & Why You Shouldn't Fuck With Youtubers
BigfryTV (46K subscribers)
https://www.youtube.com/watch?v=34f_DMtUmQk http://archive.is/z43bM

DMCA Issues on Youtube: The New Flood
couchpotatostuff
https://www.youtube.com/watch?v=zvtBjXw9isQ http://archive.is/uqSOb

YouTubers Held Hostage With DMCA Takedowns By Former Starr Mazer Composer, Alex Mauer
IAmPattyJack (13K subscribers)
https://www.youtube.com/watch?v=BjlKvYFW-gM http://archive.is/qS6Pm

Alex Mauer DMCAs More Games, Sends Cease And Desist To Turner Broadcasting/Adult Swim Games
IAmPattyJack (13K subscribers)
https://www.youtube.com/watch?v=aC_NplN0x4c http://archive.is/oUQGm

The W2 Report - The Copyright Horror Show
Sanji Himura
https://www.youtube.com/watch?v=29TOsPhiS94 http://archive.is/RlFAl

An update on the Alex Mauer DMCA Wave
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=wbIgvJevawo&t=3s

Youtubers hit with DMCA strikes by Alex Mauer for playing Starr Mazer DSP
Sir TapTap (12K subscribers)
https://www.youtube.com/watch?v=W81xeN-2_N4 http://archive.is/P0hvi

Alex Mauer's Copyright Claim Abuse
TotalBiscuit, The Cynical Brit (2.2M subscribers)
https://www.youtube.com/watch?v=077d3hAvwQ4&t=46s http://archive.is/SPxs1

25 June 2017

Alex Mauer Update: 70+ DMCA STRIKES
couchpotatostuff
https://www.youtube.com/watch?v=_q5JQD3UiZU&t=2s http://archive.is/lMv6q

Human Scum Issues False DMCA Takedowns
EscapeRouteBritish (1.5K subscribers)
https://www.youtube.com/watch?v=CtPAJtd-EJA http://archive.is/LGN62

Extorting YouTubers for Fun and Profit!
farfromsubtle (250K subscribers)
https://www.youtube.com/watch?v=HmMvfmhkccg&t=3s http://archive.is/mDvU9

Alex Mauer: 5 Fast Facts You Need to Know
Jack Fennimore
http://heavy.com/games/2017/06/alex-mauer-starr-mazer-dsp-star-youtube-dmca/ http://archive.is/Uz1o6

A Righteous Crusader Wields DMCA Takedowns to Bring Forth Justice
KEN Network
https://www.youtube.com/watch?v=yKE68_feSOo http://archive.is/Chq5y

my two cents on the whole Alex Mauer situation (rushed edition)
Kjellhimself
https://www.youtube.com/watch?v=XRKgRb5MBTk&t=18s http://archive.is/jWJK3

This video contains Starr Mazer DSP with Alex Mauer's music
kontent ai dee
https://www.youtube.com/watch?v=eEoBDlzqlZQ http://archive.is/KtTPC

Alex Mauer enforces contract by DMCA extortion
Leonard French (64K subscribers)
https://www.youtube.com/watch?v=nuSZ6wZAaHQ&t=49s http://archive.is/l13Mr

Starr Mazer DSP - Gameplay Preview (With Music and SFX)
mentalplayground
https://www.youtube.com/watch?v=HdQcj58ILx4 http://archive.is/7Ja9e

The W2 Report - The Copyright Horror Show Redux
Sanji Himura
https://www.youtube.com/watch?v=a12JP3cEUXA

Alex Mauer's DMCA Strike Extortion
Shooter Fantasy
https://www.youtube.com/watch?v=_0Y7mKGWf1o http://archive.is/iBlF0

UPDATE: Alex Mauer list of DMCA strikes
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=5eTLpjRE8QY&t=6s http://archive.is/0y1R0

Starr Mazer: DSP v. 3.0.7 : Enjoy Alex Mauer ! This Strike is on the house :) *DMCA SHIELD©*
Temmie Plays! (1.4K subscribers)
https://www.youtube.com/watch?v=OaCAqJRhC3k http://archive.is/xvkT4

ALEX MAUER DMCA Update! Can't take risks, Starr Mazer DSP Longplay Deleted
TheLegendaryGBD
https://www.youtube.com/watch?v=NGzBleeblwI http://archive.is/Wet6m

VANITAS RANTS | Starr Mazer DSP
Vanitas 42
https://www.youtube.com/watch?v=-zKMsFZCg7Y http://archive.is/Sthst

My Alex Mauer Rant: We Are Artists Too!
Z. Mann Zilla
https://www.youtube.com/watch?v=1NZSsg7Wegs http://archive.is/ddNlO

June 26 2017

04 - Alex Mauer, the Joffrey of Youtube | Button Mashers Podcast
Game of Dorks
https://www.youtube.com/watch?v=a5bo5hiiqKc http://archive.is/s49bh

GamePoints Podcast Episode 94
GamePoints PC
https://www.youtube.com/watch?v=qTNV8iCKMkc http://archive.is/OA4pQ

Alex Mauer and the Starr Mazer fiasco - Initial Views
I Heart Indie
https://www.youtube.com/watch?v=O65ry-Tp2l0 http://archive.is/sObz1

Conversations with Alex Mauer (All of my interview questions)
I Heart Indie
https://www.youtube.com/watch?v=YLtaK3y9W7k http://archive.is/WB919

Composer Files Tons of Spurious DMCA Takedowns For Extortion Purposes
Jim Sterling (517K subscribers)
https://www.youtube.com/watch?v=tHWlK21sdHs http://archive.is/K0o6T

Dealing with Alex Mauer's DMCA Strike
Jupiter_Hadley (4K subscribers)
https://www.youtube.com/watch?v=yA0l6KiPUV4 http://archive.is/7qNCJ

To Alex Mauer, A Message
Lord Crocosquirrel (2.8K subscribers)
https://www.youtube.com/watch?v=7IqD7Lhq2Rs http://archive.is/expXL

ALEX MAUER EXCLUSIVE INTERVIEW - DMCA TAKEDOWN MADNESS | Angry Rant
Musical Anti Hero (1.2K subscribers)
https://www.youtube.com/watch?v=UVRYruRhjwM http://archive.is/5ToNR

The Alex Mauer Controversy & OpenVI can make Mods for GTA V again for now
rockingtheblade
https://www.youtube.com/watch?v=US_f_S07c6M http://archive.is/JBPDv

My Voice on Alex Mauer
Sparky's Tech Corner
https://www.youtube.com/watch?v=RpIR670j66c&t=19s http://archive.is/TOFxw

My Voice on Alex Mauer "STOP THE THREATS TO HER AND BE CIVIL"
Sparky’s Tech Corner
https://www.youtube.com/watch?v=RpIR670j66c http://archive.is/jUGdK

Starr Mazer DSP *TEST VIDEO*
ThatOneNerd
https://www.youtube.com/watch?v=pZ1FX287e8k http://archive.is/6zS1t

Full Interview with Alex Mauer, June 26th 2017 (MusicalAntiHero)
TheMusiAH aka Musical Anti Hero
http://imgur.com/gallery/A9hJc http://archive.is/1u3LD

Starr Mazer: a Plea to Alex Mauer
TiredOldGamer
https://www.youtube.com/watch?v=ga8nI4lwI3Q http://archive.is/yLqzP

Star Mazer DSP and Alex Mauer DMCA
XMOSS Gaming
https://www.youtube.com/watch?v=na3vZR9gBbU http://archive.is/NfYo0

27 June 2017

Starr Mazer Legal Support
GoFundMe
https://www.gofundme.com/starr-mazer-legal-support https://web.archive.org/web/20170628000432/https://www.gofundme.com/starr-mazer-legal-support

Alex Mauer What the Fuck Youtube?
Jack B
https://www.youtube.com/watch?v=JdVuYjrLHiw http://archive.is/SNtVI

Leonard French, Esq.
https://leonardjfrench.com/alex-mauer-dmca-abuse/ http://archive.is/TlMpU

LEONARD J. FRENCH HIRED TO REPRESENT IMAGOS SOFTWORKS | Alex Mauer Editorial Update
Musical Anti Hero (1.2K subscribers)
https://www.youtube.com/watch?v=8L2_H4KyMKY

I HAVE BEEN DMCA'D BY ALEX MAUER
Musical Anti Hero (1.3K subscribers)
https://www.youtube.com/watch?v=ph3x0ol6QNU http://archive.is/OCPSW

Reaction Video 1 - Alex Mauer DCMA Controversy
Nikki PiP
https://www.youtube.com/watch?v=9J3S0DaOtBQ http://archive.is/mQ1NG

Planet Jank Saves YouTube
Planet Jank
https://www.youtube.com/watch?v=N66_TcejPsI http://archive.is/drjel

The W2 Report - Justice Needs Your Help!
Sanji Himura
https://www.youtube.com/watch?v=KMwnMPzcMes http://archive.is/Mc1j6

Alex Mauer: more on the DMCA Front Lines
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=2odeBDCP6Kk http://archive.is/YaYMg

Alex Mauer DMCA Update: Imagos gets litigious
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=-xixllqAgdE http://archive.is/MlSpp

Alex Mauer Update "DONT SEND THREATS"
Sparky’s Tech Corner
https://www.youtube.com/watch?v=-OZV8gheG60 http://archive.is/9t36O

Game Music Composer Goes On DMCA Blitz Against Innocent YouTubers Over Contract Dispute With Game Publisher
TechDirt
https://www.techdirt.com/articles/20170626/06435537667/game-music-composer-goes-dmca-blitz-against-innocent-youtubers-over-contract-dispute-with-game-publisher.shtml https://web.archive.org/web/20170627183650/https://www.techdirt.com/articles/20170626/06435537667/game-music-composer-goes-dmca-blitz-against-innocent-youtubers-over-contract-dispute-with-game-publisher.shtml

Help Support STARR MAZER: DSP ! We Need Your Help, Pilot! [ Leonard French Gofundme ]
Temmie Plays! (1.4K subscriber)
https://www.youtube.com/watch?v=spkbaeRI-Zk http://archive.is/Dy0ac

Game Composer's ILLEGAL DMCA RAMPAGE - The Know Game News
The Know (1.2M subscribers)
https://www.youtube.com/watch?v=ggvSJzKxm7w http://archive.is/weTGs

GAME NEWS: DMCA EXTORTIONIST DRAGS YOUTUBERS INTO LEGAL BATTLE
The Know
http://theknow.roosterteeth.com/episode/game-news-2017-video-game-composer-abusing-you-tube-strikes http://archive.is/6XtJN

Starr Mazer DSP Gameplay: Alex Mauer & DMCA Friendly!
White From Black
https://www.youtube.com/watch?v=Y_i_iolsQPg http://archive.is/E9XE5

Alex Mauer RIsks Over 60 YouTubers Channels with Bogus DMCA Strikes ..All To Try And Get More Money!
Zaxtor99 (10K subscribers)
https://www.youtube.com/watch?v=zEfNgxSYwaw http://archive.is/nAXJ1

28 June 2017

[rambly garbage] Alex Mauer, and the recent bullshit [Update in description]
Derterifii
https://www.youtube.com/watch?v=D82RvCx8Bo8 http://archive.is/8he2R

FLASHSHOCK Podcast: Alex Mauer, Trans issues, and threats against other's lives.
Flash Frame
https://www.youtube.com/watch?v=COLb_2LExF4 http://archive.is/KggjO

Alex Mauer, NO, NO, JUST NO!!!!!! (Sorry for cussing)
GingerSquatch
https://www.youtube.com/watch?v=4-hfljymchU http://archive.is/pxvTz

Alex Mauer : Think About What you're Doing.
Jamesyboy1985
https://www.youtube.com/watch?v=OZ9alDt8-lk http://archive.is/712UH

last video I want to make regarding the whole alex mauer thing
Kjellhimself
https://www.youtube.com/watch?v=PUSGt-csDuo http://archive.is/bHW9i

The Alex Mauer Video
Kurzov Productions
https://www.youtube.com/watch?v=C02WTB2GGaQ http://archive.is/4tRUn

Alex Mauer vs SidAlpha: The Threat of Doom
Lord Crocosquirrel (2.8K subscribers)
https://www.youtube.com/watch?v=Nuv5MxwwsHs http://archive.is/YdTQd

ALEX MAUER INTERVIEW DMCA UPDATES
Musical Anti Hero (1.4K subscribers)
https://www.youtube.com/watch?v=S8L1A6iktCQ http://archive.is/ahCcO

Alex Mauer issues Death Threat
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=qC_BXWx9s6Q http://archive.is/OOVQe

 

The ending to this legal drama should be interesting.

/*

Updated 28 June 2017

Once legal action was underway, it was thought 'maybe get back to this DMCA issue in a couple of months.' Legal matters do take time. That changed the next day as, Alex Mauer issues Death Threat was reported.

The above list has been update. We'll get back to this ...

/*

"Well take this for what little it will profit you. As I look at you, Ambassador Mollari, I see a great hand reaching out of the stars. The hand is your hand. And I hear sounds, the sounds of billions of people calling your name."
"My followers?" Ambassador Londo Mollari
"Your victims." Technomage Elric
Babylon 5

//

PACER Class Action Lawsuit - National Veterans Legal Services Program et al v United States

PACER Class Action Lawsuit - National Veterans Legal Services Program, et al. v. United States
EventHorizon1984

17 May 2017

 

“Paying too much for PACER? You could get an email notice later this spring to join a class action”
Amanda Bronstad
In PACER Suit, a Class Action Even Defense Lawyers Can Love

 

Need quick online access to Federal Court records? Then you want PACER (pacer.gov).

What is PACER?

"Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts, and the PACER Case Locator. PACER is provided by the Federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service."

"The Federal Judiciary has developed a Next Generation (NextGen) Case Management/ Electronic Case Files (CM/ECF) system that will allow you to use the same account for both PACER and electronic filing access"

"The PACER Case Locator is a national index for U.S. district, bankruptcy, and appellate courts. A subset of information from each case is transferred to the PACER Case Locator server each night"

"PACER is available to anyone who registers for an account.

The more than one million PACER users include attorneys, pro se filers, government agencies, trustees, data collectors, researchers, educational and financial institutions, commercial enterprises, the media, and the general public."

PACER registration is free, but there is a fee for document access.

"All registered agencies or individuals are charged a user fee of $0.10 per page. This charge applies to the number of pages that results from any search, including a search that yields no matches (one page for no matches)."

"The schedule places a cap on the per-page charge, with a maximum $3, the equivalent of 30 pages, for electronic access to any single document. For example, a 50 page document that would cost $5 at $0.10 a page is capped at 30 pages and only costs $3. Users will receive the entire 50-page document but are only charged $3. Each attachment in CM/ECF sites is considered a separate document. Therefore, the cap will apply to each attachment over 30 pages separately."

"The PACER Service Center bills quarterly and sends a statement by mail or email. Fees are waived when usage is less than $15 for the quarter."

Why the fees for public documents?

In 1988, the Judiciary sought appropriations from the U.S. Congress in order to provide electronic public access to court records. However, Congress did not provide the funds and instead directed the Judiciary to fund the initiative through user fees. As a result, the program relies exclusively on fee revenue.

Are these fees reasonable? On 21 April 2016, the National Veterans Legal Services Program, National Consumer Law Center, and the Alliance For Justice presented the case "that PACER's fee schedule is higher than necessary to cover the costs of operating PACER."

A few months later, on 24 January 2017, "U.S. District Judge Ellen Segal Huvelle in the District of Columbia approved the" 'class action lawsuit.'

The nineteen (19) page document ends with:

CONCLUSION

Plaintiffs’ motion for class certification is granted, with minor modifications to the proposed class definition. A separate Order accompanies this Memorandum Opinion.

/s/ Ellen Segal Huvelle
ELLEN SEGAL HUVELLE
United States District Judge

Date: January 24, 2017

 

Of course, notice of this event reached our email box on 16 May 2017.

 

 

 

Of course, settlement talks began in March. And according to a 11 March 2017 article, all parties were "to report back to the court no later than April 21."

Did we mention it's May?

/*

"One of those hobbies of mine, is studying laws. The laws you used to be paid to enforce."
Detective Robert Goren

//

Digital Homicide Lawsuits Click Bait

Digital Homicide Lawsuits Click Bait

EventHorizon1984

23 September 2016
17 October 2016 UPDATED

 

“You must take a year off, one of these days, before you’re old and tired and weighed down by responsibility. Go away somewhere, and read. Read all the important books. Educate yourself, then you’ll see the world in a different way.” Helon Habila

Coming back a year later, some things remain the same. It's Fall, and lawsuits are in the air.

If you're into computer games, and comment on games, this lawsuit is for you.

The Digital Trends article, "Steam Removes All Of Digital Homicide's Games After It Sues 100 Users," is one of hundreds of articles on the subject of Digital Homicide's current lawsuit. A riveting case of online "Harassment," "Stalking," "Criminal Damage," and "Criminal Impersonation," by 100 people.

Or as the article puts it:

"Digital Homicide doesn't take criticism lightly. The filings indicate that James Romine, one-half of the Romine Brothers, who are Digital Homicides development team, sued 100 Steam users, alleging personal injury claims arising from online comments posted by defendants."

YouTube personality SidAlpha has detailed commentary on the subject. And he supplied copies of the Court documents, for United States District Court For The District Of Arizona case CV-16-03092-PHX-ESW (or 2:2016-cv-03092), James Oliver Romine Jr v. Jane/John Doe 1 through 100.

But readers are probably aware that this is not the first lawsuit filed in 2016 by Digital Homicide.

 

“Let’s do it again.”
Seven Days (1998-2001)

On 4 March 2016, James O. Romine Jr. aka Digital Homicide, filed a civil lawsuit against James Nicholas Stanton aka Jim Sterling. The United States District Court, District of Arizona, case # 2:16-cv-00604-JJT, Romine v. Stanton. This was also well covered. It's "was" as within two months it became old news. That Court case was freshened up and trotted out when Digital Homicide's second lawsuit hit the news cycle. Here's how Mr. Romine characterized the civil complaint, word for word:

"When The Defendant falsely accused The Plaintiff and caused damage to reputation, damage to product, loss of product, and causing severe emotional distress to The Plaintiff, The Plaintiff has the right to receive restitution for these damages. The statements that have been made on the Internet by The Defendant have resulted in criticism and condemnation by the public towards The Plaintiff. These statements have been made in reckless disregard for duty of care that all United States Persons are legally required to follow."

Using our trusty PACER account to dust off that case, here's a redacted copy of the docket. As of 23 September 2016 17 October 2016. With links to copies of the Court documents.

 

 

Date Filed	#	Docket Text
03/04/2016	1	COMPLAINT. Filing fee received: $ 400.00, receipt number PHX169280 filed by James Oliver Romine, Jr. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(BAS) (Entered: 03/04/2016)
03/04/2016	2	REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by James Oliver Romine, Jr. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) (Entered: 03/04/2016)
03/04/2016	3	Filing fee paid, receipt number PHX169280. This case has been assigned to the Honorable Judge John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-16-00604-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAS) (Entered: 03/04/2016)
03/04/2016	4	Summons Issued as to James Nicholas Stanton at case opening. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 03/04/2016)
03/28/2016	5	SERVICE EXECUTED filed by James Oliver Romine, Jr: Proof of Service re: Summons and Complaint upon James Nicholas Stanton on 3/15/2016. (REK) (Entered: 03/28/2016)
04/01/2016	6	First MOTION for Extension of Time to File Answer re: 1 Complaint by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 04/01/2016)
04/04/2016	7	Consent MOTION for Extension of Time to File Answer re: 1 Complaint by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 04/04/2016)
04/05/2016	8	ORDER: IT IS ORDERED granting the Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint (Doc. 7 ). Defendant Stanton shall have until 30 days after the date of this Order to answer or otherwise respond to the Complaint. IT IS FURTHER ORDERED denying Defendant's Motion for Extension of Time to File Answer (Doc. 6 ) as moot. Signed by Judge John J Tuchi on 4/5/16.(JAMA) (Entered: 04/05/2016)
04/13/2016	9	***STRICKEN by (Doc. 10 )--AMENDED COMPLAINT against James Nicholas Stanton filed by James Oliver Romine, Jr. (ATD) (77 pages) Modified on 4/15/2016 (ATD). (Entered: 04/13/2016)
04/15/2016	10	ORDER striking Plaintiff's 9 Amended Complaint. Plaintiff may file a Motion to Amend pursuant to Federal Rule of Civil Procedure 15(a)(2) and Local Rule 15.1(a) by April 27, 2016. Signed by Judge John J Tuchi on 04/15/2016. (ATD) (Entered: 04/15/2016)
04/27/2016	11	MOTION to Amend/Correct 1 Complaint by James Oliver Romine, Jr. (Attachments: # 1 Exhibit)(REK) (Entered: 04/27/2016)
05/04/2016	12	***Lodged at 15 because of Motion at 13 *** MOTION to Dismiss Case for Lack of Standing, Lack of Personal Jurisdiction, and Failure to State a Claim under Rule 12(b)(6) by James Nicholas Stanton. (Attachments: # 1 Exhibit A, Declaration of James Stanton and Attachments 1-5)(Hartman, Bradley) Modified on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016	13	*MOTION for Leave to File Excess Pages for Defendant's Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) *Modified to correct text on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016	14	*RESPONSE in Opposition to Motion re: 11 MOTION to Amend/Correct 1 Complaint filed by James Nicholas Stanton. (Hartman, Bradley) *Modified to correct event on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016	15	*FILED at (Doc. 19 ) pursuant to 18 Order--LODGED Proposed Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction re: 13 MOTION for Leave to File Excess Pages for Defendant's Motion to Dismiss [Doc. 12] . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Nicholas Stanton. (Attachments: # 1 Exhibit A, Declaration of James Stanton and Attachments 1-5)(Hartman, Bradley) *Modified to correct text re: motion types on 5/5/2016 (REK). Modified on 5/10/2016 (KGM). (Entered: 05/04/2016)
05/09/2016	16	REPLY to Response to Motion re: 11 MOTION to Amend/Correct 1 Complaint filed by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/10/2016	17	MOTION for Leave to File Excess Pages (after the fact) for Motion to Amend/Correct (Doc. 11 ) by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/10/2016	18	ORDER granting 13 Motion for Leave to File Excess Pages. Defendant may file his motion to dismiss not to exceed 22 pages. IT IS FURTHER ORDERED directing the Clerk to file the document lodged at Document 15. Signed by Judge John J Tuchi on 5/10/16.(KGM) (Entered: 05/10/2016)
05/10/2016	19	* MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Case for Lack of Standing by James Nicholas Stanton. (Attachments: # 1 Exhibit)(KGM) *Modified to correct motion type on 5/10/2016 (KGM). (Entered: 05/10/2016)
05/10/2016	20	RESPONSE to Motion re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/11/2016	21	*Filing fee paid, receipt number PHX171860. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: MC-16-00045-PHX-DLR. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. *This was docketed in this case in error* (Entered: 05/11/2016)
05/11/2016	22	MOTION for Leave to File Amendment to 20 Response to Motion to Dimiss Plaintiff's Complaint by James Oliver Romine, Jr. (KGM) (Entered: 05/12/2016)
05/11/2016	23	MOTION for Leave to File Excess Pages for 22 Amendment to Response to Motion to Dismiss Plaintiff's Complaint by James Oliver Romine, Jr. (KGM) (Entered: 05/12/2016)
05/11/2016	24	*(Filed at (Doc. 31 )--LODGED Proposed Amendment to Response to Defendant's Motion to Dismiss re: 22 MOTION for Leave to File Amendment to Response to Motion to Dimiss Plaintiff's Complaint, 23 MOTION for Leave to File Excess Pages for Amendment to Response to Motion to Dismiss Plaintiff's Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Oliver Romine, Jr. (KGM) Modified on 6/28/2016 (LSP). (Entered: 05/12/2016)
05/13/2016	25	REPLY to Response to Motion re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Nicholas Stanton. (Hartman, Bradley) (Entered: 05/13/2016)
05/16/2016	26	ORDER: IT IS ORDERED denying as moot Plaintiff's Motion for Leave to Exceed Length of Motion to Amend Complaint (Doc. 17 ). (See attached Order for details). Signed by Judge John J Tuchi on 5/16/16.(JAMA) (Entered: 05/16/2016)
05/16/2016	27	MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint by James Oliver Romine, Jr. (REK) (Entered: 05/16/2016)
05/16/2016	28	*LODGED Proposed Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint re: 27 MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Oliver Romine, Jr. (REK) Modified on 6/28/2016 (LSP). (Entered: 05/16/2016)
05/31/2016	29	RESPONSE in Opposition re: 27 MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint filed by James Nicholas Stanton. (Hartman, Bradley) (Entered: 05/31/2016)
06/28/2016	30	ORDER granting 22 Plaintiff's Motion for Leave to File Amendment to Motion in Response to Motion to Dismiss Plaintiff's Original Complaint and granting 23 Motion for Leave to File Excess Pages of Amendment to Motion in Response to Motion to Dismiss Plaintiff's Original Complaint. The Clerk shall file the document currently lodged at (Doc. 24 ). IT IS FURTHER ORDERED denying 27 Plaintiff's Motion for Leave to File a Supplemental Memorandum in Support of Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint. Signed by Judge John J Tuchi on 6/28/16.(LSP) (Entered: 06/28/2016)
06/28/2016	31	AMENDED RESPONSE to Motion re: 19 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss Case filed by James Oliver Romine, Jr. (LSP) (Entered: 06/28/2016)
07/11/2016	32	Second RESPONSE to Motion (Titled: Motion in Response to Dismissal and Amendment to Motion in Response to Dismissal as Affidavit of Opposition) re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Oliver Romine, Jr. (2 pages) (REK) (Entered: 07/12/2016)

09/27/2016	33	MOTION to Amend/Correct 1 Complaint by James Oliver Romine, Jr. (KGM)   (Entered: 09/28/2016)
10/04/2016	34	RESPONSE in Opposition re: 33 MOTION to Amend/Correct 1 Complaint filed by James Nicholas Stanton. (Hartmen, Bradley) (Entered: 10/04/2016)
10/11/2016	35	REPLY to Response to Motion re: 33 MOTION to Amend/Correct 1 Complaint filed by James Oliver Romine, Jr. (REK) (Entered: 10/12/2016)

 

As you might expect, this the 'jockeying for position' phase.

Document 29:

"Plaintiff’s motion should be denied because the Supplemental Memorandum [Doc 28] is an impermissible sur-reply. Plaintiff merely repeats arguments already made in response to the Motion to Dismiss and cites new cases not within Defendant’s reply brief. The motion should be denied."

Document 30:

"At issue are pro se Plaintiff James Oliver Romine’s Motion for Leave to File Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint (Doc. 22), Motion for Leave to File Excess Pages of Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint (Doc. 23), and Motion for Leave to File a Supplemental Memorandum in Support of Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint (Doc. 27), to which Defendant James Nicholas Stanton filed a Response in Opposition (Doc. 29)."

Document 31:

"The Plaintiff respectfully requests that the Court deny Defendant's Motion to Dismiss the Original Complaint which is futile for the reasons stated within this Motion In Response to Motion for Dismissal."

Document 32:

"The Plaintiff respectfully requests that The Court accept The Plaintiff's Motion In Response to The Defendant's Motion to Dismiss and The Plaintiff's Amendment to Motion in Response to The Defendant's Motion to Dismiss as The Plaintiff's Opposition to The Defendant's Motion to Dismiss. This is only submitted as the term "Opposition" was not specifically stated in those two documents. The Plaintiff was unaware if this was a required statement and felt it may need to be stated officially. Apologies if this is obvious and unnecessary."

Document 33:

"The Plaintiff respectfully requests that The Court accept this Motion for Leave to Amended Complaint. Attachment T1 shows where The Plaintiff misquoted the proper code which was believed to be US Code. US Code 28 4101 was mistaken for ARS 12-541. The original code was cited from Cornell University's law website. The Plaintiff has just learned of this discrepancy and requests to submit an Amended Complaint in regards. This is the only change requested. If this motion is granted, The Plaintiff will submit the properly edited document in a second motion. The Plaintiff did not wish to cause excess work for the Clerk of the Court with another copy of the 79 page document if this Motion was denied."

Document 34:

"Defendant James Stanton responds in opposition to Plaintiff's Motion for Leave to File Second Amended Complaint [Doc. 33]. Defendant objects to the Motion for Leave to Amend because it is improper and untimely while a Motion to Dismiss is pending and also because the proposed amendment is futile."

Document 35:

"The Plaintiff respectfully requests this Reply to Opposition to Motion for Leave to File Second Amended Complaint/Correction be accepted as there was an error on strike through on the original document."

 

At this rate, we guess the really good stuff will begin in 2017.

/*

UPDATED 17 October 2016

Inclusion of Documents 33, 34, 35.

/*

“And if you get hurt (if you get hurt)
By the little things I say
I can put that smile back on your face
Ooh, and it's alright and it's coming along
We gotta get right back to where we started from”
Maxine Nightingale (1975), “Right Back Where We Started From,” Slap Shot (1977)

//

eBay Seller -$19,250 - eBay Buyer -$1.44 - eBay 0

eBay Seller -$19,250 - eBay Buyer -$1.44 - eBay 0
EventHorizon1984
8 September 2015

MED EXPRESS, INC. vs. AMY NICHOLS, et al.
Case No.: 13CIV0351 13CIV0352
Court of Common Pleas, Medina County, Ohio

“The Plaintiff's conduct consisted of allegations or other factual contentions that had no evidentiary support or, if specifically so identified, were not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. Again, Mr. Rudy had no objective evidence suggesting the statements of fact made by the Defendants were not true. Furthermore, the Plaintiff misrepresented the matter in the pleadings and to the court."
Magistrate James R. Leaver, August 31 2015, Court of Common Pleas, Ohio

Ars Technica posted the article "eBay seller who sued over negative feedback dinged $19K in legal fees" "Judge didn't find Med Express founder's testimony credible" on September 3 2015.  The article began with:

"When Med Express sued Amy Nicholls for giving negative feedback on eBay, she didn't back down and remove the feedback. Instead, she lawyered up"

As can be seen in the Court document, and the Ars Technica article, things did not go well with "Med Express founder Richard Radey" and his attorney.

Beginning with this statement in the first paragraph of the "Magistrate's Decision":

"On July 6, 2015, counsel for the Plaintiff filed a motion to withdraw from the representation of the Plaintiff citing irreconcilable differences with the client."

The action that started the legal snowball moving?

• Plaintiff: "Med Express pain the full amount of the shipping cost, but for some reason unknown to Med Express, the equipment was received by Nicolls with $1.44 postage due."
• Plaintiff: "Nicholls on February 26, 2013, apparently as a result of the $1.44 postage due, posted negative feedback and comments for the transaction on Ebay's website"

 

“Okay kids. This is where it gets complicated.”
Amy Pond, Doctor Who, Time (2011)

Indeed.  The Court record, as signed by Magistrate James R. Leaver, states:

• "Med Express initiated a second lawsuit against Defendants Dennis Rogan and Ebay, INC."
• "WHEREFORE, Plaintiff Med Express Inc. demands judgement against Defendants Dennis Rogan and Ebay, Inc."

Leading to, as signed by Magistrate James R. Leaver:

• "On March 28, 2013, the Court denied the motions for a temporary restraining order in both cases."
• "On April 18, 2013, the complaints in both cases were voluntarily dismissed."
• "Ebay never filed an answer in either case."

Which lead to more Court action, as signed by Magistrate James R. Leaver:

• "Counsel further prompted Mr. Rady by asking, "So as you sit here today, you remember those ratings were from Ms. Nicholls--is that right?" "Mr. Rady testified "Yes", and again stated all categories were rated 1's."
• "On November 7, 2014, Counsel for the Defendants took the deposition of Rebakah Long, an Ebay representative, in Draper, Utah.  Ms. Long's testimony revealed that Mr. Rady's prior testimony regarding seeing the Defendants rate him with all 1's on Ebay's detailed seller ratings page was false.  She testified detailed seller ratings are anonymous and the seller cannot view the ratings.  Furthermore, the ratings left by Defendants Rogan and Nicholls were not all 1's."
• "The deposition of Ms. Long shows that Mr. Rady's testimony was false."

Ars Technica noted:

• "Following the second trial, Radey's original lawyer James Amodio agreed to pay part of the attorney's fees, and Public Citizen dropped him from their motion for sanctions."
• "Radey had two different lawyers during the sanctions proceedings, and the second lawyer stopped representing him in July 2015."

Moving along to the sanctions portion, "The matter proceeded to oral evidentiary hearing before the undersigned Magistrate on April 2, 2015":

• "Mr. Radey also testified again.  His testimony varied from the first hearing in that he attempted to clarify his prior trial testimony" ... "This time he testified he must jumped to the conclusion Nicholls and Rogan rated him with all 1's (as opposed to his prior testimony that he basically watched it happen almost live).  Mr. Rady also testified he called Ebay years ago and Ebay gave him the idea to file suit against Ebay and buyers leaving negative feedback.  The negative feedback could be removed by court order.  The testimony wasn't credible."  Magistrate James R. Leaver

A few tidbits from Magistrate James R. Leaver's Conclusion of Law:

• "4.  Opinion speech is protected speech that is never actionable as defamation.  When determining whether a statement is fact or opinion, a court is to consider the specific language used, whether the statement is verifiable, the general context of the statement, and context in which the statement appeared.  An objective "ordinary reader" test is to be applied to determine whether a statement is a false statement of fact.  The court must determine whether a reasonable reader would view the words to be language that normally conveys information of a factual nature or opinion.  If the language is factual in nature, a truthful statement cannot be defamation because an element of defamation is a false defamatory statement."
• "5.  The feedback generated by Nicholls and Rogan is part opinion and part statement of fact."
• "6.  An argument could be made the narrative statements left by Defendants Nicholls and Rogan were intended to be statement of facts even though they appear in a forum designed to elicit opinions.  Nevertheless, these statement could not have been the basis of a defamation action because the statements are undeniable true and Mr. Rady had no objective reason whatsoever to question their veracity when he caused the complaints to be filed."
• "7.  The Plaintiff's complaints had no merit, legally or factually, when they were filed."
• "8.  R.C 2323.51(A)(2) defines frivolous conduct ..."
• "9.  A violation of any one of the above sections is frivolous conduct.  The Plaintiff has violated all four sections."
• "13.  The Magistrate finds the Plaintiff's complaint and motions set forth factual contentions that the Plaintiff knew or should have known were not warranted by the evidence."
• "14.  R.C. 2323.51 allows a party adversely affected by frivolous conduct to recover an award of court costs, reasonable attorney fees, and other reasonable expenses incurred in connection with the civil action."
• "22.  The Magistrate finds the Defendants are entitled to an award of attorney fees in the amount of $16,446.00 (total hours of 164.46 x 1/2 x $200.00) plus expenses of $2,804.00,, for a total award of $19,250.00 against Med Express, Inc."

There was one bright spot, for the Plaintiff's lawyers James Amodio and Richard Cardenas:

• "Defendants withdrew their motion for sanctions as to Attorney James Amodio only."
• "The Defendants' motion for a default award of sanctions is denied."

 

“What is the moral?
Must be a moral.
Here is the moral, wrong or right: Morals tomorrow!
Comedy, comedy, comedy, comedy,
Comedy, comedy, comedy, comedy tonight!”
A Funny Thing Happened on the Way to the Forum (1966) 

The moral?  Well, don't sue eBay INC.

According to the court document, Amy Nichols never did get the $1.44 refund.

/*

“Section 11, Article I of the Ohio Constitution provides in relevant part: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press."
Magistrate James R. Leaver, 2015

“Take it easy, lad. Everybody's entitled to an opinion.”
Montgomery Scott, The Trouble With Tribbles, 1967

//

eBay Hacked - Would you believe John Donahoe offered credit protection?

eBay Hacked - Would you believe John Donahoe offered credit protection?
EventHorizon1984
22 May 2014


“You eat danger for breakfast” 
“Would you believe lunch?”  Zach Smart
“Don't do that.”  Chief Maxwell Smart
Get Smart (1995)


eBay INC made an interesting press release on 21 May 2014.  eBay INC stated:

"SAN JOSE, Calif.--(BUSINESS WIRE)-- eBay Inc. (Nasdaq: EBAY) said beginning later today it will be asking eBay users to change their passwords because of a cyberattack that compromised a database containing encrypted passwords and other non-financial data. After conducting extensive tests on its networks, the company said it has no evidence of the compromise resulting in unauthorized activity for eBay users, and no evidence of any unauthorized access to financial or credit card information, which is stored separately in encrypted formats. However, changing passwords is a best practice and will help enhance security for eBay users.

Information security and customer data protection are of paramount importance to eBay Inc., and eBay regrets any inconvenience or concern that this password reset may cause our customers. We know our customers trust us with their information, and we take seriously our commitment to maintaining a safe, secure and trusted global marketplace.

Cyberattackers compromised a small number of employee log-in credentials, allowing unauthorized access to eBay's corporate network, the company said. Working with law enforcement and leading security experts, the company is aggressively investigating the matter and applying the best forensics tools and practices to protect customers.

The database, which was compromised between late February and early March, included eBay customers' name, encrypted password, email address, physical address, phone number and date of birth. However, the database did not contain financial information or other confidential personal information. The company said that the compromised employee log-in credentials were first detected about two weeks ago. Extensive forensics subsequently identified the compromised eBay database, resulting in the company's announcement today.

The company said it has seen no indication of increased fraudulent account activity on eBay. The company also said it has no evidence of unauthorized access or compromises to personal or financial information for PayPal users. PayPal data is stored separately on a secure network, and all PayPal financial information is encrypted.

Beginning later today, eBay users will be notified via email, site communications and other marketing channels to change their password. In addition to asking users to change their eBaypassword, the company said it also is encouraging any eBay user who utilized the same password on other sites to change those passwords, too. The same password should never be used across multiple sites or accounts."

A matter of fact, 'don't panic', 'nothing to see here' statement.  Then came the scrutiny.

 

“No more secrets, Marty.”
Cosmo, Sneakers (1992)

The press release did not mention the extent of the "compromised" database.  Although on 21 May 2014 eBay INC clarified:

""For the time being, we cannot comment on the specific number of accounts impacted. However, we believe there may be a large number of accounts involved and we are asking all eBay users to change their passwords," eBay spokeswoman Kari Ramirez said."

And on 22 May 2014 eBay INC provided more clarification:

EBay hack, 2nd largest in U.S. history, leaves questions unanswered
Chicago Tribune, Reuters, 22 May 2014

“EBay Inc's description of how hackers got access to its entire database of 145 million user records leaves many questions unanswered as to how cyber criminals orchestrated what appears to be the second-biggest data breach in U.S. history.”

"“They've been pretty tightlipped. They've barely provided any information. They should be more forthcoming about what happened,” said David Kennedy, chief executive of TrustedSEC LLC, an expert in investigating data breaches.

In particular, Kennedy wants to know why it took eBay three months to detect the intrusion."

 

"Missed it by that much"
Maxwell Smart (Don Adams), Get Smart

"Computer security experts say the biggest breach was uncovered at software maker Adobe Systems Inc in October 2013, when hackers accessed about 152 million user accounts."

 

“The day ain’t over yet…”
Curly, City Slickers (1991)

In eBay INC's press release they promised, "Beginning later today, eBay users will be notified via email."  Has any reader received any email warning of the database breach? Apparently that email has yet to be sent.

"Some customers complained on eBay Community forums that they had not received much information about the breach from eBay and have yet to get notifications by email, which the company has promised to do."

And what did the "145 million user"s affected by the database incursion immediately see?

U.S. states probe eBay cyber attack as customers complain
Reuters, 22 May 2014

"As of Thursday afternoon, eBay did not have information on the attack visible on its market home page, www.ebay.com.

"That's really poor incident response," said David Kennedy, a cyber forensics expert who is CEO of TrustedSEC LLC. "EBay should be held to a higher standard.""

 

The eBay Hack: They Haven't Only Hacked Your Security, They've Hacked Your Brand
Patrick Hanion, Forbes, 22 May 2014

"The eBay Hack" brings to mind the recent Target INC hack.

Missed Alarms and 40 Million Stolen Credit Card Numbers: How Target Blew It
Michael Riley, Ben Elgin, Dune Lawrence, Carol Matlack, Businessweek, 13 March 2014

"The biggest retail hack in U.S. history wasn’t particularly inventive, nor did it appear destined for success. In the days prior to Thanksgiving 2013, someone installed malware in Target’s (TGT) security and payments system designed to steal every credit card used at the company’s 1,797 U.S. stores."

"On Saturday, Nov. 30, the hackers had set their traps"

"Target stood by as 40 million credit card numbers—and 70 million addresses, phone numbers, and other pieces of personal information—gushed out of its mainframes."

"More than 90 lawsuits have been filed against Target by customers and banks for negligence and compensatory damages. That's on top of other costs, which analysts estimate could run into the billions."

The time between hack and notification?

"Federal investigators warned Target of a massive data breach on Dec. 12."

Note this is not Target INC notifying it's customers. It's the U.S. Government notifying Target INC.

Notification to consumers was much much later.

14 January 2014

Dear Target Guest, As you may have heard or read, Target learned in mid-December that criminals forced their way into our systems and took guest information, including debit and credit card data. Late last week, as part of our ongoing investigation, we learned that additional information, including name, mailing address, phone number or email address, was also taken. I am writing to make you aware that your name, mailing address, phone number or email address may have been taken during the intrusion.

I am truly sorry this incident occurred and sincerely regret any inconvenience it may cause you. Because we value you as a guest and your trust is important to us, Target is offering one year of free credit monitoring to all Target guests who shopped in U.S. stores, through Experian’s® ProtectMyID® product which includes identity theft insurance where available. To receive your unique activation code for this service, please go to creditmonitoring.target.com and register before April 23, 2014. Activation codes must be redeemed by April 30, 2014.

In addition, to guard against possible scams, always be cautious about sharing personal information, such as Social Security numbers, passwords, user IDs and financial account information. Here are some tips that will help protect you: Never share information with anyone over the phone, email or text, even if they claim to be someone you know or do business with. Instead, ask for a call-back number. Delete texts immediately from numbers or names you don’t recognize. Be wary of emails that ask for money or send you to suspicious websites. Don’t click links within emails you don’t recognize.

Target’s email communication regarding this incident will never ask you to provide personal or sensitive information.

Thank you for your patience and loyalty to Target. You can find additional information and FAQs about this incident at our Target.com/databreach website. If you have further questions, you may call us at 866-852-8680.

Gregg Steinhafel

Chairman, President and CEO

Compare and contrast the actions and timeline of Target INC and CEO Gregg Steinhafel to eBay INC and CEO John Donahoe.

Time from breach to customer notification.

• Target Inc, customer emails, 1 month +
• eBay Inc, Press Release, 2-3 months

Message from CEO to customers.

• Target Inc, 1 month +
• eBay Inc, none

Credit protection.

• Target Inc, "Target is offering one year of free credit monitoring"
• eBay Inc, none

While eBay INC has stated,"no evidence of unauthorized access or compromises to personal or financial information", one may or may not want to take that with a grain of salt.

"Someone posted a batch of emails, scrambled passwords, phone numbers and addresses of more than 12,000 people on the Internet, saying it was a sample of data stolen from eBay and offering to sell the full batch for 1.453 bitcoin, or a little more than $750.

EBay's Miller said the information was not authentic.

Reuters spoke to six people whose phone numbers were included in that batch. While only four said they had eBay accounts, all of them said the data was correct"

If eBay INC can't identify it's own users, what assurance is there that eBay INC can identify the condition of it's own data.

The fate of Target INC CEO Gregg Steinhafe?

Target's CEO Steps Down Following The Massive Data Breach And Canadian Debacle
Forbes, 8 May 2014

“Target CEO, President and Chairman Gregg Steinhafel resigned from all his positions after extensive discussions with the board.”

 

“I’ve never seen worse corporate governance than eBay”
Carl Icahn, 5 March 2014

The fate of eBay INC CEO John Donahoe remains to be seen.

/*

“And because of current synergies, a lot of data is traded between eBay and PayPal.” JP Mangalindan, Fortune

“Why would you divide up the data?! Everyone is paying millions to get to the data. Why would you divide up the data?”
John Donahoe, 10 March 2014

/*

Technorati Profile

EventHorizon1984 Log

//

Corri McFadden v. Midley, And The Winner Is ...

Corri McFadden v. Midley, And The Winner Is ...
EventHorizon1984
20 December 2013

 

“Well, frankly I told you guys at the start of this matter that it's going to be an expensive case and that's the reason why the parties should resolve it earlier rather than later. And the problem with SLAPP motions in general is that I don't find in my personal experience that SLAPP motions help the situation. SLAPP motions wind up making things more expensive in the long run for litigation. It is a statute which is ill thought out, ill advised, and I understand why Kazinski wants to get rid of it in federal court.”
United States District Court Judge George H. Wu, 20 May 2013

In the matter of eDrop-Off Chicago LLC and Corri McFadden v. Nancy R. Burke; Midley, INC. dba Pursebloge.com; and Does 1 through 10, inclusive, Case No. 2:12-cv-04095-GW

<pause>

and eDrop-Off Chicago LC, et al. v. Midley, Inc., et al., Case No. 1:12-cv-03632

<pause>

Merry Christmas

<pause>

to Edwards Wildman Palmer LLP and Greenberg Traurig LLP.  

As by our humble estimates, the total legal bill for both (May 2012 to December 2013) cases, is between $1,000,000 and $2,000,000.

Oh.

The cases were settled.

United States District Court
Central District of California
Document 145
Filed 12/18/13

“TO THE COURT AND ALL PARTIES IN THIS ACTION:
PLEASE TAKE NOTICE that the parties have reached a settlement of the above-captioned matter and are currently in the process of executing the agreement. The parties anticipate that a stipulation of dismissal will be filed within 15 days.”

United States District Court
Central District of California
Document 146
Filed 12/19/13

“Pursuant to Federal Rule of Civil Procedure a1(a)(1)(AXii), Plaintiffs eDROP-OFF CHICAGO LLC and CORRI MCFADDEN (collectively, "eDropoff' or "Plaintiffs") and Defendant MIDLEY, INC. dbc PURSEBLOG.COM ("Purseblog" or "Defendant"), by and through their respective counsel of record, hereby stipulate and agree that this action, including all claims asserted by Plaintiffs against Defendant in the complaint and first amended complaint, are hereby dismissed with prejudice as Plaintiffs and Defendant, by confidential settlement agreement, have reached an acceptable resolution of all matters related to this action. Plaintiffs and Defendant are to bear their own costs and attorneys' fees in connection with this action.”

United States District Court
Northern District of Illinois
Document 77
Filed 12/19/13

“MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status
hearing held on 12/19/2013 with attorneys for both sides. Pursuant to settlement, the case is dismissed with prejudice and without costs. Civil case terminated.”

Documents obtained through the services of PACER, Public Access To Court Electronic Records.

For the moment, publishing protections under Section 230 of the Communications Decency Act remain intact.

“the Court is no party’s advocate”
United States District Court Judge George H. Wu, 19 September 2013

On a final note, eBay INC’s involvement was solely a matter of past history.

Greenberg Traurig LLP

Ian C. Ballon

• "Lead counsel for eBay, Inc. in Inman v. Technicolor USA, Inc., 2011 WL 5829024 (W.D. Pa. 2011) in obtaining judgment in a toxic tort and product liability case brought in the Western District of Pennsylvania based on federal preemption under the Communications Decency Act (CDA)."
• "Lead counsel to eBay, Inc. in copyright infringement, DMCA, and Lanham Act cases in the Central District of California."

And here is the opinion of Tabberone about Greenberg Traurig.  Tabberone having won "80%" of their Federal cases.  Abet the opinion is directed toward an attorney who no longer works for the firm.

Edwards Wildman Palmer LLP

The sister company Edwards Wildman Palmer UK LLP had represented eBay INC.

• "Acting for eBay in eBay v L’Oreal Trade mark litigation matter before the High Court of London"

That's All Folks.

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“Court would make several observations designed to advance the parties' discussion at the status conference. Due in no small part to the added procedural complexities impacting an anti-SLAPP motion filed in federal court (and the parties' strategic calculations and miscalculations in the opening weeks of this litigation), the Court is utterly convinced that the parties have already spent far more time and money on this case (and this motion) than warranted. To the extent a limited amount of further briefing on this motion could avoid an exponential increase in the devotion of time and resources that would be necessary on an appeal, the option is inherently attractive.”
United States District Court Judge George H. Wu, 10 October 2013

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The Corri McFadden eDrop-Off Chicago LLC Lawsuits Drag On

The Corri McFadden eDrop-Off Chicago LLC Lawsuits Drag On
EventHorizon1984
8 August 2013

 

There have been topics of greater interest to write about.  For example the new Doctor for the science fiction television series Doctor Who.  Or the fascinating article Space-Time Loops May Explain Black Holes.  Or the latest reveal by Sony Online Entertainment about the EverQuest Next project, and the beta sign-up.

Alas we're goofing off playing the Dragon's Prophet open beta, so please excuse the following reheated leftover.  And yes, "Drag On", pun intended.

A few things have happened with the two Corri McFadden lawsuits:

• eDrop Off Chicago LLC et al v. Nancy R Burke et al
  • United States District Court for the Central District of California
  • Case 2:12-cv-04095-GW-FMO
  • Date Filed 05/10/2012
  • PDF Copy Civil Docket 05/10/2012-06/26/2013
• eDrop-Off Chicago LLC et al v. Burke et al
  • United States District Court - Northern District of Illinois
  • Case 1:12-cv-03632
  • Date Filed 05/11/2012
  • PDF Copy Civil Docket 05/11/2012-08/05/2013

The case in Illinois is stayed, pending resolution of the California case.

On 20 May 2013 there was "Dominique R. Shelton's -- lead counsel for Plaintiffs eDrop-Off Chicago LLC and Corri McFadden (collectively, "Plaintiffs") -- departure from Edwards Wildman Palmer LLP".  And the 14 June 2013 declarations:

"WHEREAS, the other primary partner representing Plaintiffs, Mark Durbin, announced his departure from Edwards Wildman Palmer LLP last week;

WHEREAS, the issue of Plaintiffs' representation going forward has yet to be resolved and Plaintiffs need additional time to consider their options."

There was a proceeding held on 29 July 2013, but those contents are not available to the public until later this year.

"TRANSCRIPT for proceedings held on Monday, July 29, 2013; 9:57 A.M. Court Reporter: Wil S. Wilcox, phone number 213-290-2849. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/3/2013. (Wilcox, Wil) (Entered: 08/05/2013)"

We're taking a leap of faith that Corri McFadden will have legal representation before that transcript is released.

The departure of both Corri McFadden's attorneys is curious ...

FIVE DAYS EARLIER

15 May 2013

Judge George H. Wu opened the "Initial Tentative Ruling" with:

"This case has been a case study in strategic procedural maneuvers – some shrewd and some, perhaps, ill-advised. The present proceeding maintains that hallmark."

To recap, the Plaintiffs Corri McFadden and eDrop-Off Chicago LLC cause of actions are:

• First Cause of Action - Violation of the Lanham Act - Federal false Advertising, Unfair Competition, and False Designation of Origin
• Second Cause of Action - Illinois Unfair Trade Practices
• Third Cause of Action - Illinois Consumer Fraud and Deceptive Business Practices
• Fourth Cause of Action - Defamation
• Fifth Cause of Action - Trade Libel
• Sixth Cause of Action - Intentional Interference With Contractual Relations
• Seventh Cause of Action - Intentional Interference With Prospective Economic Advantage
• Eighth Cause of Action - Breach of Contract
• Ninth Cause of Action - Promissory Estoppel
• Tenth Cause of Action - Intentional Infliction of Emotional Distress
• Eleventh Cause of Action -Declaratory Relief

Judge George H. Wu proceeded to the Anti-SLAPP issue:

"A. Anti-SLAPP as to the Now-Superseded Original Complaint"
"Of course, this entire question of whether Midley should be awarded fees under California Code of Civil Procedure § 425.16(c) with respect to the initial complaint would be pointless in any respect if Midley is able to successfully demonstrate an entitlement to fees in connection with the FAC. It is to that analysis, therefore, that the Court now turns.

B. Anti-SLAPP Directed at the FAC
The first question that must be answered is whether California’s anti-SLAPP law (the only one Midley has attempted to use in its motion) would even apply to Plaintiffs’ claims. Plaintiffs argue that California’s anti-SLAPP statute does not apply to claims under federal law or to the two claims they have specifically asserted under Illinois statutory law. They also allege that the remaining state law claims – at least claims 4 through 10 – should be interpreted under Illinois law because of choice of law principles."

The abbreviation "FAC" stands for "First Amended Complaint."

The abbreviation "SLAPP" stands for "Strategic Lawsuit Against Public Participation."

Judge George H. Wu ruled:

"1. Lanham Act"
"The answer is simplest with respect to Plaintiffs’ one (or two ¹¹) federal claim(s). Midley could not prevail on its anti-SLAPP motion insofar as Plaintiffs’ Lanham Act claim is concerned because “the anti-SLAPP statute does not apply to federal law causes of action."

"11  Claim 11 is a claim for declaratory relief in which Plaintiffs invoke the Declaratory Judgment Act, 28 U.S.C. §2201."

"2. Illinois Statutory Claims"
"the Court will not apply California’s anti-SLAPP statute to Plaintiffs’ second and third claims."

"3. Common Law Claims"
"at this point in time, the Court concludes California’s anti-SLAPP statute would apply to the common law claims Plaintiffs have advanced in the FAC."

We have a PDF copy of the 14 May 2013 Initial Tentative Ruling here.

We're loosely interpreting this ruling as, First, Second, Third Cause of Action are not subject to the California anti-SLAPP statute.  Three for the Plaintiff, Corri McFadden and eDrop-Off Chicago LLC.  While all other Cause of Actions are subject to the California anti-SLAPP statute.  Eight for the Defendant, Midley INC.

What does this mean?  According to the writers of the California anti-SLAPP statute:

"This bill states that a cause of action against a person arising out of the person's exercise of his or her constitutional rights of petition and free speech "in connection with a public issue shall be subject to a special motion to strike," unless the court determines that the plaintiff has established that there is a "probability" that the plaintiff will prevail on the claim.

Defendants who prevail on the motion to strike are entitled to attorney fees and costs. This provision does not apply to "enforcement actions" brought by public prosecutors. Plaintiffs may be awarded attorney fees if the court determines that the special motion to strike was "frivolous" or "solely intended to cause unnecessary delay."

Upon the filing of a special motion to strike, discovery shall be stayed, unless authorized by the court."

The rough translation, Plaintiffs Corri McFadden and eDrop-Off Chicago LLC will be facing California's anti-SLAPP statute for eight cause of actions, and not the Illinois anti-SLAPP statute.

"This is a classic SLAPP suit – strategic litigation against public participation – and McFadden should have to face California's tough anti-SLAPP law, which lets defendants move to strike frivolous lawsuits and recover costs and fees if they win," said EFF Senior Staff Attorney Marcia Hofmann. "The plaintiffs set the stage by choosing to file their suit in California. The court should finish the case there as well, protecting Purseblog.com's speech rights by applying California law."
Electronic Frontier Foundation, 29 May 2012

Or the Ken White of Popehat loose translation, as applicable to California:

"you've sued me for defamation and BIFD. I file an anti-SLAPP motion. First, that stays discovery in the case — no more bleeding me dry or harassing me with depositions and document demands and third-party subpoenas. Second, once I file the motion, your die is cast as a plaintiff — even if you drop your suit at this point, I can insist on pressing forward, getting a ruling, and seeking the fees ..."

20 May 2013

FIVE DAYS LATER ...

Following this 15 May 2013 Initial Tentative Ruling, on 20 May 2013 and 14 June 2013 Corri McFadden's principle lawyers left Edwards Wildman Palmer LLP.

To be continued ...

/*

Dragon's Prophet
"I thought you said this was gonna be easy."
Snails, Dungeons & Dragons (2000)

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Musing Bytes 2 Malshandir

Musing Bytes 2 - Malshandir
EventHorizon1984
26 July 2013

 

"I'm laughing at the superior intellect."
Admiral James T. Kirk, Star Trek II: The Wrath of Khan (1982) 

To paraphrase Rod Serling, this is Thomas 'Malshandir' Freyer, "age thirty-eight, a man protected by a suit of armor held together by one bolt." 

Mr. Freyer's claim to Internet fame is his threat of "legal actions" against the blog EQ2Wire.  EQ2Wire is a very popular EverQuest 2 "News & Commentary" site, and EverQuest 2 is a Massively Multiplayer Online Role-Playing Game (MMORPG).

Before we get further, let's hightlight the article that brings all this to light.

Character Blocked from EQ2U Due to Trademark Claim
http://eq2wire.com/2013/07/24/character-blocked-from-eq2u-due-to-trademark-claim/#comment-86207
EQ2Wire, 24 July 2013
Feldon

"Thomas Freyer of Freyer Consulting in Frankfurt Germany" opened with:

"We demand by law the deleting of this profile as the owner of the trademark “Malshandir” we gave you no permission to use is.

If this profile is deleted within the next 6 hours we will not take further legal actions against you."

It went downhill for Mr. Freyer after that.  Lots of LOUD comments, and at least two attorneys (real ones, not fake Internet ones), a Vladislav Arkhipov and "Ken" posted on the matter.  More on "Ken" in a bit.

Read the article.  Read the comments.  Especially the comment Thomas Freyer made as "Jo".  And the EQ2Wire response:

"Hello Mr. Freyer. Welcome to EQ2Wire.

Unmistakeable writing style, disposable e-mail address, also the IP address (93.186.31.97) shows the writer is in London."

About "Ken", he's Ken White of Popehat.  If you want the short description of Ken White, read Popehat unmasked: For a good cause.  For a long description, Google his body of work.

Or read his article on Malshandir.

Listen, Don't Mention The Malshandir. I Mentioned It Once, But I Think I Got Away With It All Right.
http://www.popehat.com/2013/07/25/listen-dont-mention-the-malshandir-i-mentioned-it-once-but-i-think-i-got-away-with-it-all-right/
Popehat, 25 July 2013
Ken White

The article is reminiscent of United States District Judge Otis Wright's wording of Prenda Law. 

Ok, Mr. White's wordsmithing is funnier.  And his article, along with EQ2Wire article, has made Malshandir (Thomas Freying) famous.  Mr. White's article currently tops the Google search for "malshandir".  Followed by I'm Malshandir and So's My Wife! and the EQ2Wire article.  With The Escapist article Everquest 2 Fan Site Harassed By Trademark Claim making a run for position number four.

"Elaine, you're a member of this crew. Can you face some unpleasant facts?" Dr. Rumack
"No."  Elaine Dickinson
Airplane (1980)

Not that trademark infringement is a laughing matter.  Because it is not.  But, and here's a big tip, the 'infringee' should go directly after the 'infringer'. 

With the case of "Malshandir" the alleged infringement is by Sony Online Entertainment, a part of well Sony er Global.  And to some degree the creator of the EverQuest 2 Elf Malshandir.  EQ2Wire merely presents data made available from Sony.  Which is nominally covered by the Communications Decency Act Section 230.

All well and good if you own the trademark.  And Thomas Freyer claims he owns the trademark. 

The first point is the 29 May 2009 filing of Malshandir in Germany.  The second point is the company Malshandir Ltd "was registered on 18 Jun 2008" in London, Great Britain.

It all goes downhill after these points.

We credit EQ2Wire commenters for the following data points.

The EverQuest 2 character Malshandir was created on "2008-01-07".  That's 7 January 2008, five months before the tradename/trademark Malshandir was established.  The Elf's good name is being besmirched/infringed on, so to speak.

The eBay INC seller malshandir created the account and trade name on 8 June 2001.  That's seven years before Malshandir of Great Britain, or eight years before Malshandir Germany.  The seller malshandir is in Switzerland, and perhaps would have a good European Union civil case.

The Refuge of Stone/Myth Weavers has text on a character named Malshandir.  The document was published on 17 July 2006, almost two years before Thomas Freyer's claims.  And that Canadian creation has the usual copyright protections.  Like "Copyright exists automatically when an original work or other subject-matter is created" and "copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, plus 50 years following the end of that calendar year."

Canadians are sterotypically nice and would welcome Mr. Freyer to tour the Canadian Court System.  The tenacious type, like the world wide fans of Canadian artist Rich Morris of The ComixBlog, shunned the Courts and simply ran the copyright infringer out of existence.

Of course we in the United States do not approve of vigilante justice, tsk, tsk.

"And the Hits Just Keep on Comin'"
Michael Nesmith

Google search is a funny sort of animal.  A little used search phrase can have few references.  The Google machine logic being 'people aren't looking for "It", we don't need "It" much.'  But make a search phrase popular, have multitudes looking for "It", and the Google engines go into overdrive scouring the Internet for "It".

For now "malshandir" is "It".  We wonder what else will show up in Google.

"Deja Moo.  The feeling you have heard this bull before."
Tabberone

Finally, does Thomas Freyer know that the name "Freyer Consulting" is copyrighted by Ola Hanssens Vei of Norway?  And Freyer Consulting INC of Minnesota, U.S., 2010?  And Freyer Consulting of New Mexico, U.S. 

And ...

/*

"The tools of conquest do not necessarily come with bombs, and explosions, and fallout. There are weapons that are simply thoughts, ideas, prejudices, to be found only in the minds of men. For the record, prejudices can kill and suspicion can destroy. A thoughtless, frightened search for a scapegoat has a fallout all its own for the children and the children yet unborn. And the pity of it is, is that these things cannot be confined to the Twilight Zone."
Rod Serling, The Monsters are Due on Maple Street (1960)

"I pity the fool."
Clubber Lang (Mr. T), Rocky 3 (1982)

/*

Update 26 July 2013.

Figured out where the mysterious "Malshandir" name originates from.

Reference The Shadow Elves Players' Guide, "An Official Dungeons & Dragons Game Supplement", by Carl Sargent and Gary Thomas.  Copyright 1990, 1995 TRS, Inc./Wizards of the Coast.

Or http://www.pandius.com/gaz13_dm.html
"for Dungeon Masters running D&D(R) Known World or HOLLOW WORLD(R) campaign"

A Dungeons & Dragons Hollow World Campaign Set is available for purchase at Amazon.  Published by Wizards of the Coast, Copyright August 1990.

Wizards of the Coast was founded in 1990, and remains in operation today.

/*

"Breakdown, takedown, you're busted"
Bob Seger, Shakedown, Beverly Hills Cop II (1987)

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Musing Bytes

Musing Bytes
EventHorizon1984
24 July 2013

 

"Nothing is troublesome that we do willingly."
Thomas Jefferson

Awhile back we were politely asked to remove an article.  It was not a pernicious type of request.  Although it made no sense at the time, we agreed with the reasons and pulled the article.

Recently there was a bit of clarity on the matter.

Cyclist pleads guilty to first U.S. felony vehicular manslaughter by bike
Chicago Tribune, 23 July 2013
Laila Kearney

In U.S. First, Cyclist Pleads Guilty to Felony Vehicular Manslaughter
Slatest, 24 July 2013
Josh Voorhees

Chris Bucchere, Bicyclist Pleads Guilty To Manslaughter Death Of Hutchi Sui In California
Huffington Post Crime, 23 July 2013
Terry Collins

"Under the unusual plea deal last week, Chris Bucchere, 37, would not serve any jail time and instead would be sentenced to three years of probation and sentenced to 1,000 hours of community service in the death of Sutchi Hui"

Chris Bucchere getting a slap on the wrist was surprising, but what happens next is not a surprise.

"Hui's family has filed a civil suit against Bucchere regarding the fatality."

There was a California car driver hits bicyclist trial, and in 2012 Robert Schiro was sentenced to three years.  The bicyclist, Ashley Nelson, barely survived the 2009 collision and "was awarded $3 million in a legal settlement".

What's a broken helmet and a human life worth Chris Bucchere?

"The Endorsement Guides also state that if there is a connection between the endorser and the marketer of a product that would affect how people evaluate the endorsement, it should be disclosed."
The FTC's Endorsement Guides: Being Up-Front With Consumers

Anyone who's been around eBay INC long enough has seen the kind of post typified by one "birdieman".

"As both an avid buyer and seller on eBay, the whining that goes on because"
birdieman, 24 July 2013

The same droll cookie cutter comment about eBay INC sellers.  Apparently given once too often.

"@birdieman
Does eBay know that you are using their IP to post on our blog? I suspect they wouldn't be too happy with an employee posting incognito on EcommerceBytes. Just looking out for you and all...
David Steiner
EcommerceBytes"

United States Federal Trade Commission (FTC) violations can be reported at:

www.ftc.com/ftc/contact.shtm

State of California Unemployment Insurance can be filed at:

www.edd.ca.gov/unemployment

"Oh Boy"
Samuel Beckett, Quantum Leap

Years ago we had an "oh boy" moment when 'racy' ads appeared on the site.  Apparently we are not the only place receiving the gift of ads unrelated to a site.  PowerSellersUnite recently received an interesting batch of Google ads. 

We find this annoying.  Their racy ads are much better looking than our racy ads.

/*

"Would you believe ..."
Maxwell Smart

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Corri McFadden eDrop Off v. Midley Cases 2:12-cv-04095-GW-FMO and 1:12-cv-03632

Corri McFadden eDrop Off v. Midley Cases 2:12-cv-04095-GW-FMO and 1:12-cv-03632
EventHorizon1984
24 March 2013

This month we received a flurry of new hits ¹ referencing these two lawsuits:

• eDrop Off Chicago LLC et al v. Nancy R Burke et al
  • United States District Court for the Central District of California
  • Case 2:12-cv-04095-GW-FMO
  • Date Filed 05/10/2012
  • PDF Copy Civil Docket 05/10/2012-02/12/2013
• eDrop-Off Chicago LLC et al v. Burke et al
  • United States District Court - Northern District of Illinois
  • Case 1:12-cv-03632
  • Date Filed 05/11/2012
  • PDF Copy Civil Docket 05/11/2012-01/09/2013

Curious about the hits, we looked up the cases on PACER.  As expected, the cases remain ongoing. 

• Illinois
  
  • "MOTION by Defendant Midley, Inc. to vacate And Reschedule Status Hearing
    (Unopposed) (Citera, Francis) (Entered: 10/09/2012)"
  • "MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held on and
    continued to 4/3/2013 at 09:30 AM. (or, ) (Entered: 01/09/2013)"
• California
  • "Motion Hearing held before Judge George H Wu: Settlement is not reached." 10/29/2012
  • "FIRST AMENDED COMPLAINT against Defendants Midley Inc, Does 1-10
    inclusive (Discovery) 1 ,filed by Plaintiffs eDrop Off Chicago LLC, Corri McFadden
    (pj) (pj). (Additional attachment(s) added on 11/26/2012: # 1 Exhibit A, # 2 Exhibit B,
    # 3 Declaration C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (pj). (Additional
    attachment(s) added on 12/4/2012: # 7 Exhibit G Part 1, # 8 Exhibit G Part 2, # 9
    Exhibit G Part 3, # 10 Exhibit G Part 4, # 11 Exhibit G Part 5) (pj). (Additional
    attachment(s) added on 12/4/2012: # 12 Exhibit G Part 6, # 13 Exhibit G Part 8, # 14
    Exhibit G Part 8, # 15 Exhibit G Part 9, # 16 Declaration G Part 10) (pj). (Additional
    attachment(s) added on 12/4/2012: # 17 Exhibit G Part 11, # 18 Exhibit G Part 12, #
    19 Exhibit G Part 13 1 of 2, # 20 Exhibit G Part 13 2 of 2, # 21 Exhibit G Part 14, # 22
    Exhibit G Part 15) (pj). (Additional attachment(s) added on 12/4/2012: # 23 Exhibit G
    Part 16, # 24 Exhibit G Part 17 1 of 2, # 25 Exhibit G Part 17 2 of 2, # 26 Exhibit G
    Part 18 1 of 2, # 27 Exhibit G Part 18 2 of 2, # 28 Exhibit G Part 19, # 29 Exhibit G
    Part 20, # 30 Declaration G Part 21) (pj). (Additional attachment(s) added on
    12/4/2012: # 31 Exhibit G-1 PART 1, # 32 Exhibit G-1 PART 2, # 33 Declaration G-1
    PART 3, # 34 Exhibit G-1 PART 4) (pj). (Additional attachment(s) added on
    12/4/2012: # 35 Exhibit H, # 36 Exhibit I, # 37 Exhibit J) (pj). (Entered: 11/08/2012)" (Ed. The Amended Complaint was included, but not the Exhibits.)
  • "TRANSCRIPT for proceedings held on Monday, October 29, 2012; 9:11 A.M.." 11/08/2012
  • "Plaintiffs' Opposition to Electronic Frontier Foundation's Application for Leave to File
    Brief Amicus Curiae Brief Opposition" 11/08/2012
  • "The Amicus Curiae's application is DENIED." 12/03/2012

Regardless that the cases remain ongoing, there are interesting tidbits in the November "First Amended Complaint", and in the October 29, 2012 transcript.

"Anyone care to guess who is included in Does 1-10?"
24 July 2012 03:02 PM
Exhibit G-1

Dominque R. Shelton and Erin L. Pfaff, "Attorneys for Plaintiff, Edrop-Off Chicago LLC and Corri McFadden", dropped Nancy R. Burke, but have not dropped the "DOES 1-10 inclusive" from the case.  As they have stated:

• "6. The true names and capacities, whether individual, corporate, associate, partnership, limited liability company, or otherwise, of Doe Defendants 1-10, are unknown to Plaintiffs, who therefore sues said Defendants by such fictitious names and will ask leave to amend this Complaint to show their true names and capacities when the same have been ascertained. Plaintiffs allege on information and belief that each of the fictitiously-named Defendants are responsible in some manner for the wrongful conduct herein alleged, and that such wrongful conduct caused harm to Plaintiffs."
• "many others who Plaintiffs do not know their true identities, but will amend the complaint to include them once the identities are known"

When the "individual, corporate, associate, partnership, limited liability company" etal described elsewhere in various legal documents are excluded, we're left with some names.

Just the Amended Complaint document contains the "names" of:

• Four (4) Edrop Off customers
• Six (6) posters to Plaintiff exhibited thread(s)
• One (1) poster to Plaintiff exhibited thread(s), named in Exhibit G

And the attached Exhibits contain many many more "names".

• "evidenced by over 1,000 (and counting) responsive comments"
• "spawned hundreds of additional defamatory comments"

At this moment the answer to 'who is a Doe?' is pure speculation.  Only the Plaintiff (Corri McFadden, "Edrop-Off Chicago LLC") attorneys know if any or none of the names in the Amended Complaint and Exhibits are potential "Does", or merely witnesses.

Should the California case reach the discovery phase, then expect real names on the complaint.

"As for that PurseBlog link that Ina published, It's still active."
18 May 2012

Then there's the matter of mentioning the specific web addresses of the threads known as "First Defamatory Thread" and the "Second Defamatory Thread."  (Ed. The Plaintiff presents those addresses in available to public court documents.)

The Plaintiff Attorneys link those threads to this statement, "as well as false and defamatory comments posted on other online discussion forums that hyperlink to the defamatory thread."  Which presents the possibility of posters "on other online discussion forums" being flagged as potential "Does."  Not to mention the possibility of "other online discussion forums" being tagged as "Does."

There are a few "other" websites that have posted those thread addresses.  Our unofficial survey indicates most of those "other" websites and threads have vanished. The ones that remain ... we'll see what happens at discovery.

"you might really still want to settle this case.  In the end this is just going to go on and on.  And there is going to be a huge bill at the end."
Judge George H. Wu, 29 October 2012

The transcript of the forty page 29 October 2012 Court proceeding provides a bit of insight into the settlement process.  And costs.

• Dominque R. Shelton, for Plaintiffs:
  • "we wrote in our confidential brief to Magistrate Olguin that we would be willing to walk away.  And it's also a statement that PurseBlog sent us letters saying we understand that in putting your demand you are trying to get to a walk-away which is unacceptable to them."

• Ian C. Ballon, for Defendants:
  • "my client doesn't want to accept the walk-away at this point.  Because while we had proposed it many times and we had several runs of settlement negotiations, the walk-away proposal came once the legal fees exceeded $300,000.  At that point my client wanted some compensation."
  • "the reason we didn't have the mediation -- we were going to mediate even knowing that the plaintiff wanted a walk-away.  When the plaintiff changed their position and sent us a letter saying that our position now is we want you to pay $500,000"

Taking an overly simplistic view, over a period of five months at two venues the Defendants legal fees were "$300,000."  Or $60,000 a month.  While the Plaintiffs legal fees might be "$500,000", or $100,000 a month.

With the case at the ten month mark, imagine what the legal fees are now.

As Judge George H. Wu put it:

• "After this point in time it's going to get even more expensive, because you are talking about two litigations, one here and one in Illinois."  29 October 2012

THE COURT: Before I do that, what's the status at this point in time of the Illinois litigation, anything, or is it still stayed or what?
Ms. Shelton: It's stayed pending resolution of this action, Your Honor.
Mr. Ballon: Your Honor, it's not actually stayed. The plaintiffs' have agreed to continue the hearing in that case after this hearing.
THE COURT: Okay. But what's the pending hearing there?
Mr. Ballon: No pending hearing.
THE COURT: There is no pending hearing.
Mr. Ballon: There is no pending hearing.

Incidentally the transcript contains mentions of actions involving SLAPP and Anti-SLAPP, Communications Decency Act, discovery, case dismissal, case amendment posts, related cases, fascinating discourse, and a good sprinkling of common sense.  Far too much to give a good summary.  If you want a "feeling" of the case, we recommend reading this document.

We'll close this article, with Judge George H. Wu's closing words:

"The mere fact that some party is unreasonable in their settlement doesn't necessarily mean that there is going to be an adverse consequence because they may ultimately prevail.  So that's just what happens in a settlement.  And sometimes one party that has the better case decides not to settle and they lose.

That's not uncommon too.  So all that being said, the parties should seriously talk about trying to resolve the case.  And if you want to I can get involved.  I don't mind getting involved but you have to have a written permission from your clients.

Okay.  So we have future dates now.  We have everything.  So go ahead and try to settle.  But if not, then there is the dates that we have."

The cases continue.

Stay.

Continue.

/*

(1)  See:

1. eDrop-Off Corri McFadden California and Illinois Lawsuit Dockets
2. Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED

/*

"Stop. Stop. Stop. Don't keep on saying "with all due respect." It's really kind of insulting."
George H. Wu, United States District Judge
Case 2:12-cv-04095-GW-FMO Document 97 Filed 11/08/12
eDrop Off Chicago LLC and Corri McFadden vs. Nancy R. Burke, Midley, Inc. d/b/a Purseblog.com, and Does 1-10 inclusive

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eDrop-Off Corri McFadden California and Illinois Lawsuit Dockets

eDrop-Off Corri McFadden California and Illinois Lawsuit Dockets
EventHorizon1984
10 September 2012

Over the past months we've noticed an unusually large number of hits regarding two lawsuits:

• eDrop Off Chicago LLC et al v. Nancy R Burke et al
  • United States District Court for the Central District of California
  • Plaintiff
    • eDrop Off Chicago LLC
    • Corri McFadden
  • Defendant
    • Nancy R Burke
    • "Midley Inc, doing business as Purseblogcom"
    • "Does 1-10 inclusive"
• eDrop-Off Chicago LLC et al v. Burke et al
  • United States District Court - Northern District of Illinois
  • Plaintiff
    • eDrop-Off Chicago LLC
    • Corri McFadden
  • Defendant
    • Nancy R Burke
    • Midley, Inc. doing business as PurseBlog.com

Hits happen when various articles ¹ are written about eBay INC sellers and their legal proceedings.

Yesterday we looked up the cases on PACER to check their progress  The brief version:  The cases are ongoing. 

The short non-lawyer version:

• Illinois
  • "Action is stayed pending resolution of the Los Angeles case." 07/24/2012
  • "Claims against Nancy Burke are dismissed." 07/10/2012
  • "Ms. Burke is dismissed with prejudice." 07/24/2012
• California
  • Plaintiff (eDrop-Off, Corri McFadden) is maneuvering to block Defendant's (Midley, Inc.) anti-SLAPP move, and reverse the drop case denial.
  • "APPLICATION for Leave to File Amicus Curiae Brief In Support Of Defendant
    Midley's Special Motion to Strike the Plaintiffs' Complaint filed by Amicus Curiae
    Electronic Frontier Foundation." 07/16/2012
  • Discovery motions filed.
  • The case has moved to the settlement phase; "Parties are referred to Magistrate Judge
    Fernando M. Olguin for settlement."  Note this discussion is part of the legal process, and does not mean a settlement has been reached.
  • Dismissed without prejudice; "NOTICE OF DISMISSAL filed by Plaintiff eDrop Off Chicago LLC, Corri McFadden pursuant to FRCP 41a(1) as to Nancy R Burke, Does." 05/12/2012

For the longer version of the legal proceedings, here are PDF copies of the court dockets:

California (05/10/2012-08/21/2012) - Civil Docket For Case #: 2:12-cv-04095-GW-FMO

Illinois (05/11/2012-08/20/2012) - Civil Docket For Case #: 1:12-cv-03632

Carry on.

/*

(1)  See also:

Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED

Internet Hacking, Legal, and CrazeeNYDriver 4, YouTube Haters 0.

Reality TV Star's Lawsuit Flouts Laws Protecting Internet Speech
Electronic Frontier Foundation

eBay Account Rep Defends Reality TV Star Accused of Shill Bidding
eCommerceBytes

Reality TV Star Accused of eBay Shill Bidding Sues Her Accuser
eCommerceBytes

Judge Grants Restraining Order against eBay Seller's Critic
eCommerceBytes

/*

"To the extent Plaintiffs complain about the risk of inconsistent judgments and duplicative litigation, they have only themselves (and, perhaps, a fast-acting defendant) to blame. It is up to Plaintiffs to determine how to smooth out the creases in the bed they made."
George H. Wu, United States District Judge
Case 2:12-cv-04095-GW-FMO Document 42-1 Filed 06/12/12
eDrop Off Chicago LLC et al v. Nancy R Burke et al

/*

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ChannelAdvisor Fined $150,000 For Unlicensed Microsoft Software

ChannelAdvisor Fined $150,000 For Unlicensed Microsoft Software
07 August 2012
EventHorizon1984

 

CEO Scot Wingo's ChannelAdvisor made the news late last week.  For a "private software-as-a-service company", which has eBay as an investor, it was rather embarrassing news.

• ChannelAdvisor pays $150K in software settlement, by Lauren K. Ohnesorge
• "Morrisville-based ChannelAdvisor has agreed to pay $150,000 to settle claims that it had pirated software installed on its computer."
• "ChannelAdvisor had also agreed to delete from its computers all unlicensed software, to acquire any licenses necessary to be compliant and to take measures to ensure the situation won’t happen again."

ChannelAdvisor's response to the Business Software Alliance findings and fine, were as usual professional and to the point.  As stated by ChannelAdvisor General Counsel Scot Alridge:

• ChannelAdvisor pays $150,000 to settle software dispute, by WRAL Tech Wire
• "As a software vendor ourselves, we take licensing very seriously"
  "ChannelAdvsior underwent a voluntary internal audit after BSA brought to our attention a potential shortfall in one of our software licenses."
  "We found that we had acquired an insufficient number of licenses to support our recent growth."

The formal response from the Business Software Alliance was equally cut and dry:

• "ChannelAdvisor agreed to pay $150,000 to settle claims that it had unlicensed copies of Microsoft software installed on its computers. The company also agreed to delete from its computers all unlicensed software, acquire any licenses necessary to become fully compliant, and take measures to ensure its future compliance, one of the foundational principles of proper software asset management (SAM)."

Essentially a slap-on-the wrist, at least for a company that secured $20 million in funding and had "recent growth", because the penalties could have been much worse.

• Business Software Alliance:  "Unauthorized file-sharing of copyrighted work consumes system resources and violates federal law. The liability and risk involved with using pirated software now reach far beyond copyright infringement, and its $150,000 penalties per violation. Pirated software can now result in Sarbanes-Oxley violations, which can mean millions in fines and as much as 20 years in prison for executives."

At this point you're asking, 'who is the Business Software Alliance', and why would anyone answer to them?

• "The Business Software Alliance (BSA) is the voice of the world's software industry and its hardware partners on a wide range of business and policy affairs."
• "BSA is the largest and most international IT industry group, with policy, legal and/or educational programs in 80 countries."

BSA's members include notables Adobe, Apple, AVG, CA Technologies, Intel, Intuit, McAfee, Microsoft, Sybase, Symantec.

Or put another way, BSA's clout can be measured in the billions of dollars of corporate legal services their members can bring to bear.

How did extra unlicensed copies of Microsoft software get installed on secure computers without following, one presumes, a set-in-stone corporate procedure?  We'll leave the reader and ChannelAdvisor to ponder that question.

As to how BSA found out about the unlicensed software?  Anonymous tip.

The Business Software Alliance has a page for submitting tips:

• BSA - Report Piracy Now:  Report

With rewards for tips:

• "A reward may be payable only if BSA pursues an investigation and, as a direct result of the information provided by you, receives a monetary settlement from the reported organization. The amount you may receive is based on a sliding scale as outlined in the Terms and Conditions available on the BSA website."

According to BSA, a settlement paid by a company of $100,001 to $200,000 earns a potential reward of "Up to $10,000".

Not a bad reward for filling out an anonymous tip report. 

/*

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Fred Flintstone, The Flintstones:  Fred's Second Car (8 January 1965)

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The Checks Were In The Mail - CLRB Hanson LLC et al. v. Google

The Checks Were In The Mail - CLRB Hanson LLC et al. v. Google
01 August 2012
EventHorizon1984

Were you one of those affected by the CLRB Hanson Industries, LLC et al v. Google Inc. class action lawsuit?  A case that had been winding it's way through the Court system since 2005?

Well, wait no more.  Were you marginally affected by this class action, and filed out the online paperwork, you and your company should have received the settlement checks.

Like these (redacted images:

I'm (Ed.) framing these.

However this copious bounty pales in comparison to the multiple settlements eBay/PayPal due (us).  Like this action (redacted) from 2004:

To date, the total of all eBay/PayPal settlements paid is $0.00.

Perhaps not coincidentally, the settlement checks from a HP class action suit are "pending".  After all the new HP CEO, Meg Whitman, was the eBay CEO during the PayPal class action lawsuit.

We expect nothing less from the same manager.

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Jerry Pournelle

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Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED

Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED
16 June 2012
EventHorizon1984

We've been watching the recent action by eDrop-Off to bypass the Federal Communications Decency Act (CDA) with some interest.  If you have an Internet site that allows comments, you should be mildly interested too.

The eDrop-Off news first stated, we think, on EcommerceBytes.com.

eBay Account Rep Defends Reality TV Star Accused of Shill Bidding
Ina Steiner
Thu May 17 2012 22:30:48

Reality TV Star Accused of eBay Shill Bidding Sues Her Accuser
Ina Steiner
May 18, 2012

Judge Grants Restraining Order against eBay Seller's Critic
Ina Steiner
May 18, 2012

Public figure Corri McFadden, the owner of eDrop-Off, filed two lawsuits, California suit 10 May 2012 eDrop-Off Chicago LLC, et al. v. Nancy R Burke, et al. 2:12-cv-04095-GW-FMO, and Illinois suit 11 May 2012 eDrop-Off Chicago LLC et al v. Burke et al 1:12-cv-03632.  Both take action against individuals.  A common legal occurence. 

However both lawsuits also take action against a CDA protected "provider or user of an interactive computer service".  Again CDA, the subject of our interest.

While the CDA does not provide protection against malicious first person defamatory online speech, it does provide this protection for providers:

(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be
treated as the publisher or speaker of any information provided
by another information content provider.

As put by the Electronic Frontier Foundation (EFF):

"Your readers' comments, entries written by guest bloggers, tips sent by email, and information provided to you through an RSS feed would all likely be considered information provided by another content provider. This would mean that you would not be held liable for defamatory statements contained in it."

On 13 May 2012 things got interesting.  There was an "EX PARTE APPLICATION to Dismiss Defendant Midley Inc d/b/a PurseBlog.com filed by Plaintiffs eDrop Off Chicago LLC, Corri McFadden" in California.  In other words "eDrop Off Chicago LLC, Corri McFadden" wanted to drop the California lawsuit.

Good for defendants right? 

On 24 May 2012, "Defendant Midley Inc" opposed the dismissal.

On 25 May 2012, the Electronic Frontier Foundation filed an Amicus Curiae Brief.

Good for defendants??  According to EFF, Wrong.

Reality TV Star's Lawsuit Flouts Laws Protecting Internet Speech
Electronic Frontier Foundation
May 29, 2012

• "Corri McFadden, star of the VH1 show "House of Consignment," filed suit against Purseblog.com in a California federal court after a commenter accused McFadden's company, eDrop-Off, of "shill bidding" – making bogus bids to inflate the prices of designer goods the company sells in online auctions. But California has strong legal protections against lawsuits filed to chill participation in publicly significant discussions, and now McFadden is asking the court in California to let her dismiss the lawsuit without any penalty so that she can pursue it in a state with more favorable law. In a friend-of-the-court brief filed Friday, EFF urged the court in California not to let McFadden off the hook."
• ""This is a classic SLAPP suit – strategic litigation against public participation – and McFadden should have to face California's tough anti-SLAPP law, which lets defendants move to strike frivolous lawsuits and recover costs and fees if they win," said EFF Senior Staff Attorney Marcia Hofmann. "The plaintiffs set the stage by choosing to file their suit in California. The court should finish the case there as well, protecting Purseblog.com's speech rights by applying California law.""

On 1 June 2012, Judge George H. Wu ruled, "Amicus Curiae Electronic Frontier Foundation's Application to File Amicus Brief, is DENIED."

Given laws are words subject to interpretation, as are all writings, we did not take the CDA protection as a given in these cases.  Especially after the Amicus Curiae denial.

But while provider protection remains in flux, as of 12 June 2012 it's not dead either.

Below are excerpts, with Court bolding and italics, of U.S. District Judge George H. Wu's 12 June 2012 United States District Court Central District of California Court Order.  The two links are complete PDF copies (fingers crossed) of the Court Order.

United States District Court
Central District of California
Case 2:12-cv-04095-GW-FMO Document 42 Filed 06/12/12

"Attached hereto is the Court's Ruling Re: Ex Parte Application to Dismiss Defendant Midley, Inc. d/b/a Purseblog.com. The ex parte application is DENIED."

United States District Court
Central District of California
Case 2:12-cv-04095-GW-FMO Document 42-1 Filed 06/12/12

"For the reasons expressed in the tentative ruling issued in this case on June 1, 2012, see Docket No. 36 ¹, as supplemented herein, the Court denies the motion to voluntarily dismiss this action."

"2  At best, the Court invited a submission bearing upon whether the parties would stipulate that California’s anti-SLAPP law would be used in the Illinois action, not that the CPA would be an available avenue for Midley. See June 1, 2012, Transcript at 24:8-25:13. Obviously, the Court had its doubts about whether such a stipulation would even be effective.

3  Remarkably, on June 7, two days after they filed their initial improper “Stipulation,” Plaintiffs filed yet another uninvited submission: a “Supplement to Plaintiffs’ Stipulation that Illinois’ Citizen Participation Act Applies to the Allegations of Plaintiffs’ Complaint.” Docket No. 39. That filing seeks to inject into this Court’s consideration a whole new “thread” of comments on Midley’s blog that are not part of the Complaint on file in this action. That new thread has apparently now been injected into the Illinois litigation proceeding between these parties. See Footnote 5, infra . Even if the Court were to consider that thread, it would not change the analysis that follows."

"4  Plaintiffs’ counsel has repeatedly ignored normal practice and procedure in federal court in favor of filing either emergency ex parte proceedings and/or motions or uninvited briefs disguised as one side’s “stipulation.”"

"It is not for this Court (at least not at this stage) to definitively rule on the applicability of the CPA to the allegations pled against Midley. Instead, the Court essentially must predict what it thinks would likely happen in the Illinois case if the Court were to grant voluntary dismissal here and if the anti-SLAPP applied in Illinois to this case would be the CPA, not California’s anti-SLAPP law."

"5  On June 8, 2012, Plaintiffs filed a “Notice of Filing First Amended Complaint in Chicago Action,” Docket No. 41, along with an attachment of (part of) that pleading, see Docket No. 41-1. None of the exhibits referenced in that First Amended Complaint were provided to the Court. However, in their Notice of Filing First Amended Complaint in Chicago Action, Plaintiffs asserted that the new Illinois filing “makes clear that the false and defamatory comments about Plaintiffs, specifically calling for governmental action…are part of, and at issue in, the Chicago action,” particularly calling the Court’s attention to paragraphs 18, 31, 32 and 49 of the First Amended Complaint. What those paragraphs actually make clear – notwithstanding Plaintiffs’ failure to attach to their filing here any of the exhibits to that First Amended Complaint – is that Plaintiffs are referring to some of the same comments Plaintiffs’ counsel emphasized in advance of this Court’s June 1 hearing."

"This raises the question, if an accusation is lodged in the blogosphere, does the U.S. Attorney's Office/Attorney General's Office hear it?"

"Complaining or gossiping amongst a group of people on the Internet does not remotely amount to petitioning the government, in at least this Court’s view. Short of one of the blog’s posters bearing the handle “USAtty” or “FBIguy,” the Court has no confidence that this activity could be reasonably viewed as petitioning the government. If indeed these commenters or posters were actually hoping to initiate or incite a governmental investigation of Plaintiffs, posting on Midley’s blog would be like releasing a captive butterfly in Alaska in the hopes that the beat of its wings would cause a hurricane in the Gulf of Mexico."

"As at least originally pled, Plaintiffs' litigation was not about Plaintiffs' dismay about comments anywhere - let alone on a blog"

"To the extent Plaintiffs complain about the risk of inconsistent judgments and duplicative litigation, they have only themselves (and, perhaps, a fast-acting defendant) to blame. It is up to Plaintiffs to determine how to smooth out the creases in the bed they made.

The Court denies Plaintiffs’ motion for a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2)."

On 13 June 2012 a "STATUS Report by Midley, Inc.", defendant, was filed with the United States District Court Northern District of Illinois.

United States District Court
Northern District of Illinois
Eastern Division
Case 1:12-cv-03632 Document 37 Filed 06/13/12

• "On June 5, 2012, this Court scheduled a telephonic status conference for June 18, 2012 at 9:00 a.m. In advance of that telephonic status conference, Midley, Inc. ("Purseblog") wishes to apprise the Court of a recent order in the California action brought by Plaintiffs against Purseblog."
• "On June 12, 2012, Judge Wu denied Plaintiffs' motion for a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2)."
• "Following the entry of Judge Wu's order denying Plaintiffs' motion for a voluntary dismisal, Purseblog requested that Plaintiffs dismiss it from the Illinois action. Plaintiffs have so far not done so."

Case To Be Continued Monday 18 June 2012.

/*

"Plato once said that for everything that exists, there is a perfect form of it somewhere. A perfect Human being, a perfect chair, a perfect stick; so that everything is a Shadow of that one perfect form. Now, if we follow that train of thought, that means that somewhere in the universe there exists the perfect form of an absolute and complete idiot. And he left here an hour ago."
CAPT Matthew Gideon, Crusade (1999)

/*

27 June 2012 Adendum

To Certain IP-Address identified Individuals and organizations from Illinois and California,

Interpretation is everything.

You probably located this article using a Google search of 'subject' and "court" or "lawsuit."  Yes we're number one, for now.  Do notice we do not show up on page one when the particulars of your lawsuit, which will not be mentioned, are searched for on Google.  Excluding the Communications Decency Act. 

Those particulars are not the focus of this article.  Our focus is the same as the Electronic Frontier Foundation; the Communications Decency Act.

This and the previous article present available to the public facts and writings.  There is no malicious intent nor actual malice.  Commentary is protected by the 1st Amendment and The New York Times Company v. L. B. Sullivan.

If you feel the need to make a public comment, please do so.

Thank you for your time.

/*

"The first thing we do, let's kill all the lawyers."
Dick the Butcher
William Shakespeare, King Henry VI

http://www.nytimes.com/1990/06/17/nyregion/l-kill-the-lawyers-a-line-misinterpreted-599990.html
"Shakespeare meant it as a compliment to attorneys and judges who instill justice in society."
Debbie Vogel, The New York Times, 17 June 1990

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Internet Hacking, Legal, and CrazeeNYDriver 4, YouTube Haters 0.

Internet Hacking, Legal, and CrazeeNYDriver 4, YouTube Haters 0.
6 June 2012
EventHorizon1984

 

It was a busy two months, and unintentionally we left this online tome fallow.  Now that we're back, the plan was to post backlogged articles.  But a few important items of note came up.

Readers not affected by these three types of situations should consider themselves lucky.

3.  More than 6 million Linkedln passwords stolen, 6 June 2012

Do you have an account on Linkedln?  Change your password.

• "Russian hackers released a giant list of passwords this week, and on Wednesday security researchers identified their likely source: business social networking site LinkedIn. LinkedIn confirmed in a blog post late Wednesday afternoon that some of the stolen passwords correspond to LinkedIn accounts."

Years ago some voiced the opinion that Linkedln was the eBay elephant graveyard.  The joke being that over the years eBay employees gravitated, or "GRAVetated"*, to being Linkedln employees.

* Yes, don't quit our night job.

This incident brings back un-fond memories of Vlad Duiculesco.  Best known as Vlad, during the 2005 to 2007 hackfest of eBay.

2.  Reality TV Star's Lawsuit Flouts Laws Protecting Internet Speech, 29 May 2012

Here lies the theme, 'suing you because I don't like what you say', brought to life.

The above article states:

• "Corri McFadden, star of the VH1 show "House of Consignment," filed suit against Purseblog.com in a California federal court after a commenter accused McFadden's company, eDrop-Off, of "shill bidding"

It is one thing to sue an individual for defamation.  It is another thing to sue a "provider or user of an interactive computer service" for content created by another party.  Specifically comments.

In our opinion, and similar to U.S. Court opinion, the provider has Federal legal protections.

As put by the Electronic Frontier Foundation:

• "Additionally, the federal Communications Decency Act (CDA), as interpreted by the Ninth U.S. Circuit Court of Appeals, contains uniquely strong protections for free speech online, shielding hosts of online forums from liability for the speech of their users."

The California case, EDROP-OFF CHICAGO LLC, et al., v. NANCY R. BURKE, et al. (2:120cv-04095-GW-FMOx) bears watching.  Because if you post anything online, the outcome might cost you dearly.

1. The CrazeeNYDriver Show, 5 June 2012

Speaking of individual defamation.

A YouTube show we enjoy watching is (Joe of) the CrazeeNYDriver show.

CrazeeNYDriver has been making YouTube videos since 30 May 2007.  Some cover New York.  But he is best known for his eBay and PayPal videos.

Joe/CrazeeNYDriver is an eBay seller.  He is informative, to the point (East Cost blunt), and civil.  We highly recommend his show to anyone with an interest in eBay and/or PayPal.

Sadly, due in small part to his YouTube (eBay) videos, Joe because an Internet target.

"Well, this is one time when they just got a little out of hand."
"I went to the New York City Police Department"
"As it happens I went to school with one of the people who is now an Assistant Procecutor in Manhattan."
Joe of the CrazeeNYDriver show

Youtube Haters Unmasked, 5 June 2012

Watch the video.  Thumbs up CrazeeNYDriver.

/*

"Everybody's entitled to an opinion." Montgomery Scott
"That's right, and if I think that Kirk is a Denebian slime devil, well that's my opinion too."  Korax

"You hit the Klingons because they insulted the Enterprise, not because they ..." James Kirk
"Well, sir, this was a matter of pride." Montgomery Scott
Star Trek, The Trouble With Tribbles

"That's all I can stands, I can't stands no more."
Popeye

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Sony Online Entertainment Hacked

Sony Online Entertainment Hacked
3 May 2011
EventHorizon1984

Nothing like having a hacking problem surface.  A week late.  As noted in the Guardian article "PlayStation Network hack: why it took Sony seven days to tell the world."

Between then and now, Sony had this to say:

SECURITY UPDATE

As previously announced, we have been conducting an ongoing, thorough investigation stemming from the cyber attack in April and promised to notify you should there be any changes to the situation. 

A press release was issued today outlining these details. We will promptly send a customer service notification via email to all of our impacted account holders whose customer data may have been stolen as a result of an illegal intrusion on our systems. This information was discovered less than 24 hours ago and in response, we took down our services until we could verify their security.

SOE is committed to delivering secure, stable and entertaining games for players of all ages and we're working around the clock to ensure this situation is resolved as quickly as possible. We deeply regret the inconvenience this has caused and appreciate your continued patience and feedback.

Sincerely,
Sony Online Entertainment

Of course now, about a week later Monday (5/2/2011), Sony decided to rectify the situation:

Sony Says 25 Million More Accounts Hacked

"The data breach comes on top of the 77 million PlayStation accounts"

"Sony said that it shut service Monday morning to Sony Online Entertainment games, which are available on personal computers, Facebook and the Playstation 3 console.  Its most popular games include "EverQuest," "Free Realms" and "DC Universe Online."

Of course now, about a week later Tuesday (5/3/2011), Sony decided clarifiy the situation with this email:

Important Customer Notification

Tuesday, May 3, 2011 12:25 AM

From: "Sony Online Entertainment" <[email protected]>

Customer Service Notification May 2, 2011 Dear Valued Sony Online Entertainment Customer: Our ongoing investigation of illegal intrusions into Sony Online Entertainment systems has discovered that hackers may have obtained personal customer information from SOE systems. We are today advising you that the personal information you provided us in connection with your SOE account may have been stolen in a cyber-attack. Stolen information includes, to the extent you provided it to us, the following: name, address (city, state, zip, country), email address, gender, birthdate, phone number, login name and hashed password. Customers outside the United States should be advised that we further discovered evidence that information from an outdated database from 2007 containing approximately 12,700 non-US customer credit or debit card numbers and expiration dates (but not credit card security codes) and about 10,700 direct debit records listing bank account numbers of certain customers in Germany, Austria, Netherlands and Spain may have also been obtained and we will be notifying each of those customers promptly. There is no evidence that our main credit card database was compromised. It is in a completely separate and secured environment. We had previously believed that SOE customer data had not been obtained in the cyber-attacks on the company, but on May 1st we concluded that SOE account information may have been stolen and we are notifying you as soon as possible. We apologize for the inconvenience caused by the attack and as a result, we have: 1. Temporarily turned off all SOE game services; 2. Engaged an outside, recognized security firm to conduct a full and complete investigation into what happened; and 3. Quickly taken steps to enhance security and strengthen our network infrastructure to provide you with greater protection of your personal information. We greatly appreciate your patience, understanding and goodwill as we do whatever it takes to resolve these issues as quickly and efficiently as practicable. For your security, we encourage you to be especially aware of email, telephone, and postal mail scams that ask for personal or sensitive information. Sony will not contact you in any way, including by email, asking for your credit card number, social security number or other personally identifiable information. If you are asked for this information, you can be confident Sony is not the entity asking. When SOE™'s services are fully restored, we strongly recommend that you log on and change your password. Additionally, if you use your Station or SOE game account name or password for other unrelated services or accounts, we strongly recommend that you change them, as well. To protect against possible identity theft or other financial loss, we encourage you to remain vigilant, to review your account statements and to monitor your credit reports. We are providing the following information for those who wish to consider it: U.S. residents are entitled under U.S. law to one free credit report annually from each of the three major credit bureaus. To order your free credit report, visit www.annualcreditreport.com or call toll-free (877) 322-8228. We have also provided names and contact information for the three major U.S. credit bureaus below. At no charge, U.S. residents can have these credit bureaus place a "fraud alert" on your file that alerts creditors to take additional steps to verify your identity prior to granting credit in your name. This service can make it more difficult for someone to get credit in your name. Note, however, that because it tells creditors to follow certain procedures to protect you, it also may delay your ability to obtain credit while the agency verifies your identity. As soon as one credit bureau confirms your fraud alert, the others are notified to place fraud alerts on your file. Should you wish to place a fraud alert, or should you have any questions regarding your credit report, please contact any one of the agencies listed below. Experian: 888-397-3742; www.experian.com; P.O. Box 9532, Allen, TX 75013 Equifax: 800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 30374-0241 TransUnion: 800-680-7289; www.transunion.com; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790 You may wish to visit the web site of the U.S. Federal Trade Commission at www.consumer.gov/idtheft or reach the FTC at (877) 382-4357 or 600 Pennsylvania Avenue, NW, Washington, DC 20580 for further information about how to protect yourself from identity theft. Your state Attorney General may also have advice on preventing identity theft, and you should report instances of known or suspected identity theft to law enforcement, your State Attorney General, and the FTC. For North Carolina residents, the Attorney General can be contacted at 9001 Mail Service Center, Raleigh, NC 27699-9001; telephone (877) 566-7226; or www.ncdoj.gov. For Maryland residents, the Attorney General can be contacted at 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; telephone: (888) 743-0023; or www.oag.state.md.us. We are committed to helping our customers protect their personal data and we will provide a complimentary offering to assist users in enrolling in identity theft protection services and/or similar programs. The implementation will be at a local level and further details will be made available shortly in regions in which such programs are commonly utilized. We thank you for your patience as we complete our investigation of this incident, and we regret any inconvenience. Our teams are working around the clock on this, and services will be restored as soon as possible. Sony takes information protection very seriously and will continue to work to ensure that additional measures are taken to protect personally identifiable information. Providing quality and secure entertainment services to our customers is our utmost priority. Please contact us at (866) 436-6698 should you have any additional questions. Sincerely, Sony Online Entertainment LLC

THIS IS A CUSTOMER SERVICE NOTIFICATION. SOE Privacy Policy | SOE Terms of Service www.soe.com

Sony Online Entertainment LLC 8928 Terman Court - San Diego, CA 92121

 

Somehow those affected, 100 million or so, may not be getting that warm and fuzzy feeling about the situation.

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"I have a very bad feeling about this."
Luke Skywalker, Star Wars (1977)

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PayPal India Personal Accounts Hold and the April 30th RBI Deadline

PayPal India Personal Accounts Hold and the April 30th RBI Deadline
17 March 2010
EventHorizon1984

Happy Saint Patrick's Day.

Now back to our irregular program.

We had expected the PayPal India debacle to fade into the background as PayPal (an eBay company) India slowly got it's Reserve Bank of India 2007 Payment and Settlement Systems Act (effective 12 August 2008) paperwork in order.

After all Farhad Irani provided PayPal India business customers withdrawl instructions on 1 March 2010 as promised.

And PayPal India spokesman Anuj Najar happily chirped:

We've Resumed Local Bank Withdrawls in India

 

---

Hi blog readers, it’s Anuj from the comms team here. Following on from Farhad’s blog post on Monday, I’m pleased to let our customers in India know that we’ve resumed local bank withdrawals.

When you select the ‘Withdraw Funds’ option on your PayPal account, we will ask you to fill out a new field entitled ‘Purpose Code’.    This information is required under the laws of India in order to identify the nature of cross-border merchant transactions. Simply select the one most appropriate for your business.  More details on purpose codes can be found here ( http://www.paypal.com/in/cgi-bin/webscr?cmd=xpt/Marketing/popup/PurposeGroup_IN-outside )

If you have any questions, please contact PayPal customer support by logging into your PayPal account and clicking on ‘contact us’ at the bottom of the page.

I’d like to apologize again on behalf of PayPal for all the inconvenience this has caused our customers.

Anuj

Hi blog readers, it’s Anuj from the comms team here.

Following on from Farhad’s blog post on Monday, I’m pleased to let the thousands of  businesses who rely on PayPal to sell their goods and services around the world know that we’ve resumed local bank withdrawals in India.

When you select the ‘Withdraw Funds’ option on your PayPal account, we will ask you to fill out a new field entitled ‘Purpose Code’.    This information is required under the laws of India in order to identify the nature of cross-border merchant transactions. Simply select the one most appropriate for your business.  More details on purpose codes can be found here

If you have any questions, please contact PayPal customer support by logging into your PayPal account and clicking on ‘contact us’ at the bottom of the page.

I’d like to apologize once again on behalf of PayPal for all the inconvenience this has caused our customers.

Anuj

This entry was posted on Thursday, March 4th, 2010 at 7:45 am

Which is fine for the "thousands of Indian businesses who use PayPal". 

But whatever happened to those personal accounts whose funds PayPal put on hold January 2010?

Farhad Irani, Head of PayPal Asia Pacific, wrote on 1 March 2010:

Q. I run a charity, and I am based in India. I don’t see the purpose code for donations and charities
A. PayPal can currently be used only as a gateway for payments of goods and services into India. We cannot process payments for charitable donations at this time.

Q. I used to use PayPal for Personal Inward Remittance to India. Now, my balances are stuck in PayPal
A. We are no longer able to complete these withdrawals to your bank account in India.  You do have the option to complete your withdrawals by check.  If you have any questions, we urge you to contact PayPal customer support by logging into your PayPal account and clicking on ‘contact us’ at the bottom of the page.

Farhad Irani, Head of PayPal Asia Pacific, wrote on 26 February 2010:

"PayPal needs specific approvals to allow personal inward remittances to India, which we currently do not have. Until we get these approvals, personal payments into India will remain suspended."

Which brings up the question, PayPal says thousands of India business accounts but how many PayPal India personal accounts are there?

According to Anuj Nayar, PayPal Director of Global Communications, there are 1.6 million Indians signed up to PayPal.  With the caveat "not all of them are regular users".  We'll leave it to the reader to do some research as to how many regular PayPal personal account India users exist.

The India based IBNLive 16 March 2010 article "Has PayPal given you problems yet?" by Technology Correspondent Jaimon Joseph wrote:

"Within hours of reaching out to them, PayPal's PR team here patched me on a telephone call to Anuj Nayar, their Global Communications Head. He patiently explained the fracas to me, bit by bit, for the better part of an hour."

Which explained how he obtained that tantalizing 1.6 million fact.  And Mr. Joseph confirmed PayPal India's lack of paperwork being the reason for the transaction holds:

"I cross-checked my data with Alpana Killawala, at the Reserve Bank of India, I was in for a slight surprise. All money flowing across our borders is subject to two major laws. The Foreign Exchange Management Act (FEMA) and the Payments and Settlements Act of 2007.

According to those laws, organizations like PayPal should have submitted themselves to scrutiny by the RBI. They hadn't, so they were pulled up. To prevent inconvenience to customers, the Reserve Bank has allowed PayPal to honour all transactions done upto January this year. But they're still on the watch list."

In other words 'pulled over for operating without a license'.  Solely the fault of the operator.

But Mr. Joseph also wrote something rather disquieting:

"If they don't satisfy all the bank's detailed questions by the thirtieth of April, their operations could be disrupted again!"

Now PayPal India payments were officially suspended on 27 January 2010, cause being operating with out a Payments and Settlements Act license.  The "thirtieth of April" is 90 days (give or take) after the suspension.  Ninety days being a sterotypical warning period. 

It appears PayPal was never in the clear to operate, but to "prevent inconvenience to customers" was given 90 days to comply with the law or face disruptions to PayPal's operations.

Interesting.

The clock is ticking PayPal India.  Get your act together.

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Apologies for the "transaction" typo in previous articles.

See Also

• PayPal India Farhad Irani Restores Business Bank Withdrawls But Hold On Personal Funds Remain
  
• PayPal India Service Hold Explained: 'We Don't Need No Stinking License'
• The PayPal India Suspended Transaction Services and Farhad Irani
• The PayPal India Transaction Holdup Continues
• The PayPal India Transaction Holdup

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"Delay or failure to receive such a license or regulatory approval could require PayPal to change its business practices or features in ways that would adversely affect PayPal’s international expansion plans, and could require PayPal to suspend providing products and services to customers in one or more countries."
John Donahoe, eBay CEO, 27 October 2009

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PayPal India Service Hold Explained: 'We Don't Need No Stinking License'

PayPal India Service Hold Explained: 'We Don't Need No Stinking License'
18 February 2010
EventHorizon1984

With apologies to our India business colleagues, this will be brief because some of us are momentarily doing something else.

This is an excerpt from eBay's United States Securities and Exchange Commission Form 10-K, that eBay CEO John Donahoe signed on 17 February 2010.

"The Reserve Bank of India has asserted that PayPal’s offering of payment services to customers outside of India to send personal, non-commercial payments to recipients in India requires a license from the Reserve Bank. The Reserve Bank has directed the Indian affiliate of PayPal’s processing bank to suspend all withdrawals to the Indian bank accounts of PayPal customers for both personal and business customers. PayPal has suspended personal non-commercial payments to Indian accounts, and intends to apply for a license from the Reserve Bank of India, but PayPal could be subject to fines from the Reserve Bank for the period of operation without a license, and PayPal’s prospects for future business in India, both cross-border and domestic, could be materially and adversely affected."

Take note of the following:

• "period of operation without a license"
• "intends to apply for a license from the Reserve Bank of India"

eBay has stated PayPal is operating without a license in India.  And PayPal has not started the license process yet.  Merriam-Webster defines "intend" as "to have in mind as a purpose or goal."  Which is not the same as saying 'applied for a license' or 'is waiting for license approval.'  In other words, 'the check is in the mail.'

Worse case is PayPal arguing with the Reserve Bank of India, that PayPal does not need a license.

• "suspend all withdrawls to the Indian bank accounts of PayPal customers for both personal and business customers"

Needless to say that PayPal's first off-the-cuff response of the India transaction service halt only affecting personal transactions, "Personal payments to and from India will be suspended for at least a few months" and "Only personal payments should have been reversed", were in error.

• "personal, non-commercial payments to recipients in India requires a license"

eBay has stated the Reserve Bank of India stipulated PayPal needed a license for "personal, non-commercial payments."  BUT PayPal suspended transactions for "personal and business customers" instead of just "personal" transactions.

 

If there is someone in charge at PayPal International who's actually awake and functioning, perhaps they should bother to read what eBay CEO John Donahoe puts a signature to quarter after quarter.

"Delay or failure to receive such a license or regulatory approval could require PayPal to change its business practices or features in ways that would adversely affect PayPal’s international expansion plans, and could require PayPal to suspend providing products and services to customers in one or more countries."

The eBay Inc. United States Securities and Exchange Commission Form 10-Q, signed by eBay CEO John Donahoe, 27 October 2009.

He spoke, PayPal didn't listen.  PayPal dithered for almost a year and a half, and now "thousands of Indian businesses who use PayPal" are being adversely affected.

Interesting that it's three months to the day, 27 January 2010, where due to PayPal's ineptness in obtaining an India license, eBay's worse case scenario of "PayPal to suspend providing products and services to customers" occurred.

Enough already.  PayPal get your license and get on with business.

But don't fret.  The people in charge of PayPal India "intends to apply for a license from the Reserve Bank of India" REAL SOON NOW.

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Apologies for the "transaction" typo in previous articles.

See Also

• The PayPal India Suspended Transaction Services and Farhad Irani
• The PayPal India Transaction Holdup Continues
• The PayPal India Transaction Holdup

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“Badges? We ain’t got no badges. We don’t need no badges. I don’t have to show you any stinking badges.”
‘Gold Hat’ (Alfonso Bedoya), The Treasure of the Sierra Madre (1948)
http://www.youtube.com/watch?v=HaxURLFn6jU

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The PayPal India Suspended Transaction Services and Farhad Irani

The PayPal India Suspended Transaction Services and Farhad Irani
15 February 2010
EventHorizon1984

We anticipated PayPal would make a statement this week regarding suspension of personal transactions into India.  PayPal remained predictable.  On February 14th, "Day 19", Farhad Irani the lead for the PayPal business in Asia Pacific posted a letter on the PayPal Blog.  A copy of the letter is attached to this article.

The letter contained Farhad Irani's "sincere apologies for the inconvenience", and not much else.  The else being two paragraphs regarding taking money out of a credit card for a "five USD fee".  Presumably to make up for the cash PayPal is holding.

And two paragraphs providing tacit confirmation that PayPal business accounts were affected;

• "help the thousands of Indian businesses who use PayPal"
• "We were hoping that our merchant customers would be able to start withdrawing their funds at their local bank by today, but it looks like this will still take some more time.".

Otherwise, as India colleagues surmise, many PayPal India customers will have to wait, according to PayPal, "months" for their money.

Remember The New York Times article?

India's Central Bank Stops Some PayPal Services
The New York Times
Heather Timmons and Claire Cain Miller
February 10, 2010

"“Providers of cross-border money transfer service need prior authorization from the Reserve Bank under the Payment and Settlement Systems Act,” a spokeswoman for the Reserve Bank of India, Alpana Killawalla, said in an e-mailed response to questions. “PayPal does not have our authorization.”

Currently some people with no official capacity to speak for PayPal are spinning 'it's the fault of the India government.  As we noted previously, when a business fails to comply with the law, it is the fault of the business.

While Farhad Irani became Singapore based "leader of PayPal’s business in the region and as a fellow Indian" in April 2009, how could someone with "more than 25 years of experience in retail banking" Not know about the India Payment and Settlement Systems Act, 2007?  Considering the Reserve Bank of India (RBI) posted the following public press release.

Date : 01 Sep 2008
Payment and Settlement Systems Act, and Regulations come into effect

The Payment and Settlement Systems Act, 2007 (51 of 2007) and the Payment and Settlement Systems Regulations, 2008 have been notified and have come into effect from August 12, 2008. The Payment and Settlement Systems Act stipulates that no person other than the Reserve Bank, shall commence or operate a payment system except under and in accordance with an authorisation issued by the Reserve Bank under the provisions of the Act.

All persons currently operating a payment system or desirous of setting up a payment system, as defined in Section 2(1)(i) of the Act should apply for authorisation to the Reserve Bank, unless specifically exempted in terms of the Act. Existing payment systems will cease to have the right to carry on their operations, unless they obtain an authorisation within six months from the commencement of the Act (i.e., 12th August 2008).

The Payment and Settlement Systems Regulations, 2008 detail the form and manner in which the application is to be made to the Reserve Bank for grant of authorisation. The Payment and Settlement Systems Act, 2007 and The Payment and Settlement Systems Regulations, 2008 are available on the website of Reserve Bank.

Ajit Prasad
Manager

Which means prior to January 27th, PayPal had six months plus almost a year to receive RBI authorization, and did not.

• "I’m personally committed to working closely and tirelessly with the Reserve Bank of India to get a fast resolution to this issue" Farhad Irani, 14 February 2010

One wonders what he was doing post April 2009?

With PayPal weeds also spinning authorization is time consuming and difficult for a United States company like PayPal to obtain, perhaps it would be helpful to see who is licensed.

It turns out there is an interesting document concerning companies certified by the RBI.

Date : 11 Feb 2010
Certificates of Authorisation issued by the Reserve Bank of India under the Payment and Settlement

Systems Act, 2007 for Setting up and Operating Payment System in India
The Payment and Settlement Systems Act, 2007 along with the Board for Regulation and Supervision of Payment and Settlement Systems Regulations, 2008 and the Payment and Settlement Systems Regulations, 2008 have come into effect from 12th August, 2008.

The 'payment systems' operators authorised by the Reserve Bank of India to set up and operate in India under the Payment and Settlement Systems Act, 2007 are as under:

Position as on January 31, 2010

Contained within is a list of compliant United States companies, and when they were certified.

• Cards Payment Network
• American Express Banking Corp, March 31 2009
• Master Cards International Incorporated, March 31 2009
• Visa International Services Association, USA, March 31 2009

• Cross border Money Transfer - in-bound only
• Buyindiaonline.com Inc, January 18 2010
• MoneyGram Payment Systems Inc., May 25 2009
• Royal Exchange (USA) Inc., May 25 2009
• Western Union Financial Services Incorporated, March 31 2009

Save for the new Buyindiaonline.com, it appears United States companies were able to be complaint, in 2009.

Perhaps as a friend noted, one or more of these PayPal competitors asked the RBI why in 2010 was PayPal operating in violation of the Payment and Settlement Systems Act, while they were compliant with the Act in 2009?

Probably a coincidence PayPal's owner eBay bans MoneyGram and Western Union payments.

Or not.

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Apologies for the "transaction" typo in previous articles.

See Also

• The PayPal India Transaction Holdup Continues
• The PayPal India Transaction Holdup

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'It’s more concerning that a company such as Paypal could “overlook” such an important regulation.
I think this is really telling of the level of people at the top within Paypal, surely some heads have rolled for this…unforgivable, and we have to trust them with our money, I wonder what else is being “overlooked”.'
Bigpoppa

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An Open Letter from Farhad Irani on the Situation in India

---

Hi. My name is Farhad Irani and I lead the PayPal business in Asia Pacific. As the leader of PayPal’s business in the region and as a fellow Indian, I want you to know that we are sparing no effort in ensuring that the present day inconvenience in not being able to process the bank withdrawal functionality in India for sellers is quickly and completely addressed. This is the single most important item for me and my management team. My sincere apologies for the inconvenience you must be facing.

I’d like to let everyone know that I’m personally committed to working closely and tirelessly with the Reserve Bank of India to get a fast resolution to this issue, so that we can continue to help the thousands of Indian businesses who use PayPal to sell their goods or services in the global marketplace. India is a very special market for me and your continued success is very precious to us.

We were hoping that our merchant customers would be able to start withdrawing their funds at their local bank by today, but it looks like this will still take some more time. I understand your frustration and want to let you know that we are doing everything we can to free your funds.

It has always been possible for sellers to request a check or withdraw funds to a credit card, and these options are still available from the Withdraw Money tab of your PayPal account. If you don’t have a credit card attached to your PayPal account now, you can add one under the Profile section of your PayPal account.  Before asking for a credit card withdrawal, please check with your card issuing bank to ensure that they can process it.

It usually takes five to seven working days for you to receive a check when you request a check withdrawal and PayPal normally charges a five USD fee. We are trying our best to help sellers during this difficult time and therefore will refund the check withdrawal fee back to your PayPal account within a week. I appreciate that this is not ideal, but please bear with us.

I’d like to let you know that I’m listening to your concerns. This is my direct PayPal email address: [email protected]. Feel free to send me an email.

Farhad

This entry was posted on Sunday, February 14th, 2010 at 8:23 pm and is filed under Stuff for Everybody, Stuff for Merchants. You can leave a comment, or trackback from your own site.

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The PayPal India Transaction Holdup Continues

The PayPal India Transaction Holdup Continues
10 February 2010
EventHorizon1984

PayPal has not been forthcoming about specifically why PayPal "has currently suspended P2P (person-to-person) transfers to and from PayPal India accounts".  The statement from PayPal spokesman Anuj Nayar, "We temporarily suspended these services to respond to enquiries from the Indian regulators" never answered the question why was it necessary to suspend services to answer questions.

Today The New York Times published this statement.

India's Central Bank Stops Some PayPal Services
The New York Times
Heather Timmons and Claire Cain Miller
February 10, 2010

"The Reserve Bank of India said it asked the company on Jan. 27 to immediately suspend PayPal payments to and from India as well as transfers to local banks in India. PayPal said it complied with the request the next day."

Indicating the Reserve Bank of India (RBI) "asked" PayPal to suspend payments.  Which is 'all well and good' save for this part of the article.

India's Central Bank Stops Some PayPal Services
The New York Times
Heather Timmons and Claire Cain Miller
February 10, 2010

"“Providers of cross-border money transfer service need prior authorization from the Reserve Bank under the Payment and Settlement Systems Act,” a spokeswoman for the Reserve Bank of India, Alpana Killawalla, said in an e-mailed response to questions. “PayPal does not have our authorization.”

The act, adopted in August 2008, regulates payment and settlement methods in India."

When a business fails to comply with the law, it is the fault of the business. Not the regulation.

Apparently the answer to why the suspensions occurred is PayPal's papers are not in order.

Since "August 2008"??

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See Also The PayPal India Transaction Holdup

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"Sometimes the only thing more dangerous than a question is an answer."
Rule of Acquisition #208

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"Come to think of it", eBay Lifted the Heineken Advertising Slogan

"Come to think of it", eBay Lifted the Heineken Advertising Slogan
2 November 2009
EventHorizon1984

It's been a long time since we've heard the phrase "Come to think of it".  Not the "new" eBay ads flooding the market with "Come to think of it, eBay."  But the Heineken slogan noted by Lucious Van Der Kreig on Auctionbytes."

"Come to think of it,
I'll have a Heineken."

Founded in 1864 by Gerard Adriaan Heineken, Heineken is "Europe's largest brewery."

Perhaps ironically you can find this 1986 color advertisement, "COME TO THINK OF IT ~ I'LL HAVE A HEINEKEN! 1986 AD" for sale by seller Woods_Elf on eBay.

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"If there is something to steal, I steal it."
Pablo Picasso

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Addendum
4 November 2009

A little extra digging turned up this gem.

ADVERTISING; SSC&B Campaign For Heineken to Begin
The New York Times
Philip H. Dougherty
May 26, 1981

"The first ad campaign for Heineken beer from SSC&B will begin to run in magazines next month. The ads will be big pictures of frosty, beaded bottles and glasses of the No. 1-selling import with the simple quote in smallish type, ''Come to think of it, I'll have a Heineken,''.

The rest of the very very short article states the initial advertising budget was $12 million.  Adjusted for inflation that would be about $28 million now.

One wonders how much eBay spent to copy an existing successful advertisement.

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Addendum
6 November 2009

Yes, at this point we're merely having fun.  After all eBay and it's compensated representatives are now spinning "Come to think of it" is a common idiom and essentially free for the taking.

Anyone know the name Mal MacDougall?

Mal MacDougall On the Spot
Adweek
Deanna Zammit
October 6 2003

"Along the way he introduced Diet Coke with the tag, "Just for the taste of it," and coined Heineken's "Come to think of it, I'll have a Heineken."

Here's to you Mr. Mal "Come to think of it, I'll have a Heineken" MacDougall.

.

"I'm never surprised when the gods of advertising remind me once again that there is nothing permanent in the business but change."
Mal MacDougall

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eBay Developer Important Security Update - Oh Please!

eBay Developer Important Security Update - Oh Please!
10 August 2009
EventHorizon1984

 

In the article "Passwords compromised for eBay developers," Chris Dawson of TameBay wrote:

• "eBay have identified a possible security flaw and are requiring all developers update their passwords."
• "The developer blog reports that eBay have recently identified a means by which someone could have" "gained access to eBay Developers Program account information."

We're not surprised this happened.  The surprise is eBay in public admitting a "security flaw".

The equivalent of code monkey felgercarb can be found in this security announcement from the eBay Developers Program blog, regarding the "possible security flaw":

Important Security Update: developer.ebay.com
Posted by Laurel Kline in Critical Notes from Tech Support, Business News & Developer Website
Monday, Aug.10.2009, 3:06 PM PT

This is Kumar Kandaswamy, and I manage the eBay Developers Program. I'd like you to read this important message about account safety.

The safety and security of the eBay Developers Program is a top priority. While we believe that people are basically good, we also must live with the reality that there are fraudsters out there who have made it their illicit "profession" to find ways to exploit others on the Internet.

Occasionally, fraudsters attempt to gain unauthorized access to the eBay Developers Program. eBay has recently identified a means by which someone could gain access to eBay Developers Program account information. This type of access DOES NOT allow the capture of financial or other sensitive information, such as credit card or bank account information or Social Security numbers.  Fortunately, we have not detected any unusual activity with any Developer account.

Out of an abundance of caution and to help ensure the security of the eBay Developers Program, we are requiring that all developers take the following steps:

• Take advantage of our new, stricter password standards and change your eBay Developers Program (developer.ebay.com) passwords. It is not necessary to change eBay (www.ebay.com) passwords.

If you believe you or your customers have been the victim of fraudulent activity, contact us immediately at [email protected].

Sincerely,
Kumar Kandaswamy

There's much unintentional eBay humor with the statement from Kumar Kandaswamy that "safety and security of the eBay Developers Program is a top priority."  Because historically that has not been the case.

Follow us.

Once upon a time Sergiu Daniel Popa was brought to the attention of the public by Dan Browning of the Star Tribune.  As reported in his article "Suspect in 'phishing' scheme indicted":

• "A Romanian immigrant was indicted Tuesday in federal court in Minneapolis on charges that he operated a computerized "phishing" scheme for several years that raked in financial records and personal identification from thousands of individuals"
• "Sergiu Daniel Popa, 20, of Shelby Township, Mich., was indicted on three counts"

Days later there would be a post about the article on the eBay Stores Forum. This was followed quickly by eBay user ID spopa2006 stating, "Listen guys. I am Sergiu D. Popa. I am that horrible guy!" and "I will make your life a hell."  And much much more.

When this activity and background was reported to eBay, their reponse was to delete the spopa2006 posts.  He was able to keep his eBay account active.  If you look quickly, you can view his Feedback Profile as of 11 August 2009 01:07 GMT.

 

 

 

 

 

 

 

This all would be rather uninteresting save for the fact that spopa2006 was a poster on the eBay Developer forums:

• "Hey there. I wrote a similar project in C++ by using pointers. However, the implemented network interface i used in C++ is no longer supported and I am not a C# guru as I am in c++. Tell me whether or not you got your solution. You can email me at [email protected]"

The activities of a registered eBay Developer.  You know the ones who work on the software that eBay buyers and sellers use.

Feeling that "safety and security" yet?

Oh, and did we forget to mention that this took place in 2007?  For those interested we kept the details in a June 2007 article, Sergiu D. Popa Response To Dan Browning Star Tribune Article.

Well there is innocent unless proven guilty.

BAMM!!  But wait, there's more.

In October 2008 Dan Goodin followed up with "Romanian national cops to $700,000 phishing trip":

• "Who's your underworld Popa?"
• "22-year-old Romanian national has admitted he participated in a US-based phishing operation that raked in some $700,000 over a three-year period."
• "Sergiu Daniel Popa, who for the past seven years has lived in New York and Michigan, pleaded guilty in federal court in Minneapolis to two felonies related to the scheme. He faces a maximum of 10 years in federal prison and a fine of $500,000."
• "FBI agents began their investigation of Popa in early 2005."

Kumar Kandaswamy is crowing about protection from "fraudsters attempt to gain unauthorized access to the eBay Developers Program", but described here is a convicted hacker who eBay gave Developer Program access?

With spopa2006's regular eBay account active, you have to wonder if his Developer Program access remains active.  And if he gave others access to his account, during his extended absence.

Kumar Kandaswamy said, "we have not detected any unusual activity with any Developer account".

Oh, Please!

How many times does a warning have to be given to eBay before someone listens?

And given the lax vetting process, one really has to wonder if there are other "Popa's" signed up to the Developer Program?

.

"So, people hire you to break into their places... to make sure no one can break into their places?"
"It's a living."  Martin Bishop, Sneakers (1992)

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Jettison Salvage Was Here

Jettison Salvage Was Here
17 July 2009
EventHorizon1984

The topic of preserving the Apollo moon landing sites is brought up in the article "Is the Apollo 11 Moon Landing Flag Still Standing?".

Beth O'Leary who "created the NASA-funded project to make the Apollo 11 Landing site on the moon as a National Historic Landmark" notes:

• 'the possibility exists to locate humankind's lunar leftovers precisely, assess their condition and most importantly decide then what and how to preserve this record for future generations'

There are six Apollo landing sites.

• Apollo 11    Mare Tranquilitatis  (Sea of Tranquility)
• Apollo 12    Oceanus Procellarum  (Ocean of Storms)
• Apollo 14    Fra Mauro  (edge Imbrium Basin)
• Apollo 15    Hadley Rille  (edge Imbrium Basin)
• Apollo 16    Descartes Mountains
• Apollo 17    Taurus-Littrow  (edge Mare Serenitatis, i.e. Sea of Serenity)

The current protection for these landing sites are the quarter of a million miles distance to reach them, and the cost.

But anyone who's lived a good part of the 20th Century might tell you, and science fiction fans will attest to, is that sometimes science fiction becomes fact.

 

Vulture of the Salvage-1 lunar mission at Serenity Base *.  Salvage (1979)

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"I want to build a spaceship, go to the moon, salvage all the junk that's up there, bring it back and sell it."
Harry Broderick (Andy Griffith), Jettison Scrap & Salvage Company, Salvage (1979)
http://www.youtube.com/watch?v=-mR-gz9EFO8
http://www.youtube.com/watch?v=ZDa25M-de70
http://www.youtube.com/watch?v=eSsqsbv0FWg

* Possibly referring to the Apollo 17 landing site, or COL Steve Austin's** Apollo 19 landing site.

** "Salvage", "Salvage 1", and "The Six Million Dollar Man" are Universal Pictures properties.

We use some Salvage references from:

Salvage 1

Salvage-1: The Best Space Movie You've Probably Never Heard Of...

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Update 2013.09.11

We goofed.  Although a newscaster at the beginning of the first episode "Dark Island" describes his location as the "Jettison Salvage yard", and Harry Broderick in the pilot answer's the phone as "Jettison Salvage", that's not the full name of fictional company.  Harry Broderick's company is not the "Jettison Salvage", but "Jettison Scrap & Salvage Company."  Apologies to all fans of the show.

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The eBay Weed of the Day

The eBay Weed of the Day
16 July 2009
EventHorizon1984

 

In the article 'TripAdvisor Warns Of Hotels Posting Fake Reviews' author Melissa Trujillo reported one company "has been quietly posting disclaimers to warn customers of hotels writing fake reviews to improve their popularity rankings or hurt competitors".

This is a common problem. As referenced in the article:

• "Apple required that consumers purchase or download an application before they can review it online in the App Store"
• "A plastic surgery company, Lifestyle Lift Inc., agreed to pay $300,000 to resolve an investigation into positive online reviews written by employees, the New York attorney general announced Tuesday"
• "travel industry insiders — but often not casual travelers — understand the financial incentives hotels have to artificially inflate their rankings on the site. Some offer discounts or freebies to patrons who write positive reviews or hire public relations companies who say they can improve the reviews"

Common and widespread to the extent that the U.S. FTC (Federal Trade Commission) wrote the FTC GUIDES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING in 1975 and 1980.

Very briefly that Guide requires companies to identify themselves when commenting on their products. And people making comments about a product, that a company shows to the public, must be independent of the company. Or the person or company must provide to the public their relationship.

This Federal Guide apparently is so abused that the "Federal Trade Commission is revising guidelines on testimonials and endorsements to reflect the growth of online marketing".

Which brings us to what is a "Weed"?

We use the term "Weed" to describe people paid to post. The term derives from how these individuals are viewed. For example the featured article notes, "company has policies to weed out suspicious reviews".

A Wall Street Journal poster provided a partial description of the tactics an eBay Weed employs. This edited version is similar to PowerPoint discussion points given by public relations companies to writers.

1. Blame the messenger.
2. Attack the messenger or message.
3. Downplay the message.
4. Twist what the messenger is trying to say.
5. Spin everything positive for Ebay
6. Never blame Ebay for anything
7. Tell users to go elsewhere if they don’t like it

For the Weeds that will use some of those tactics on this article, tell your supervisor to study a little history. Or actually read the various Public Relations text books. Some of us did.

Philip Morris Public Relations 1992:

• Change the focus of the issue
• Explore and exploit the opposition's weaknesses
• Investigate legal challenges to opposition efforts
• Develop alliances with other groups being attacked by the opposition
• Begin large-scale program of journalism education (focusing on accuracy, accountability, objectivity, etc.)
• Become a source of information and expertise

The above combined checklists sounds familiar doesn't it?

One persona missing from the public relations tactics is the 'friend'. A theatrical example is Security Officer Price from the film Stalag 17 (1953). This personae and it's subtypes are the hardest to detect, and we'll leave that for a future article.

Which brings us to the eBay Weed of the Day.

Disclaimer: We are commenting on individual(s) associated with the following posts, who may have attempted to influence public opinion through methods unsanctioned by the FTC. This opinion should not be taken as fact, and the reader should form their own unbiased opinion.

This part of a recent post was made on a recent article involving eBay.

• #1  "Some people just can't handle change or changing markets. A handful of people have been complaining for more than a year now (mostly the same ones on every blog they can find in a day); they need to learn to move on."

Interestingly months earlier the following comment was made on a different article by another independent voice.

• #2  "if you take out the 10 or 15 most vocal anti-eBay people blogging all over the place (sometimes with different names as well), you realize that the noise is pretty low if noticeable at all. Life goes on, adapt or die.

To be obvious:

1. "Some people just can't handle change or changing markets"
2. "adapt or die"

1. "they need to learn to move on"
2. "Life goes on"

1. "A handful of people have been complaining for more than a year now"
2. "if you take out the 10 or 15 most vocal anti-eBay people"

1. "(mostly the same ones on every blog they can find in a day)"
2. " blogging all over the place (sometimes with different names as well)"

The dissimilar writing styles 'sound' like two separate writers. Which begs the questions. Two different people stating near identical talking points months apart?  Down to the parenthesis; "(", ")"?

We leave you with this thought. Those are not the only examples.

"Sure. Fine. Whatever."
Dana Scully, X-Files (Syzygy)

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The eBay PayPal 10% Hold Solution

The eBay PayPal 10% Hold Solution
25 June 2009
EventHorizon1984

See also

• The eBay PayPal 5% Hold Solution
• The eBay PayPal 20% Hold Solution
• eBay Seller Forum: New PayPal 60-Day Payment Holding
• TameBay: PayPal reserves: here's what's really happening
• Red Ink Diary: PayPal Rolling Reserves - Straight Talk

The eBay/PayPal legal/financial team was busy at work implementing the new and improved 10% hold policy.  Where PayPal holds 10% of PayPal payments made to sellers.

The dunning template (we edited in the Fill In The Category) letter sent out on June 23rd reads:

Your business is important to us, and we are working hard to provide an easy, fast and secure payment service to you and your customers while keeping our prices competitive. We're also committed to clearly communicating changes to our policies and procedures. To that end, we are writing to inform you of a change to your PayPal account, which will take effect 30 days from the date of this email.

Beginning 07/23/2009, a small percentage of the total payments you receive will be held temporarily as a reserve in your account. This small reserve amount helps to ensure that funds are available to cover payment reversals or buyer chargebacks, if you do not have a sufficient PayPal account balance and do not provide the funds to do so.

A reserve is like a security deposit for your PayPal account and is standard practice in the payments industry, especially for retail segments like Fill In The Category where there is a higher-than-average risk of reversals or chargebacks. This does not mean that you have done anything wrong. We are requiring a small reserve in your account because you sell in a category that has a higher risk of reversals and chargebacks and because you are relatively new to PayPal as a seller.

Your reserve amount will be 10% of the total payments you receive, which will be held on a rolling 60-day schedule. That means 10% of the money you take in each day will be held in your account, and then made available for withdrawal 60 days later.

For example, if you receive $2,000 every 60 days into your PayPal account, then a reserve amount of about $400 would be required on a rolling 60-day period. In other words, about $6.67 would be held in reserve each day, then released 60 days later.

If you are a PayPal Money Market Fund customer, you will still earn interest on your total balance while your money is in reserve. Click here for more information or to enroll in the PayPal Money Market Fund.

We recognize this is a change in the way we do business with you. By requiring some merchants to reserve money in their accounts, we're able to lower our own costs. Keeping our costs low helps us to continue providing competitive pricing for all sellers who use PayPal.

If you have any questions about this change, please call us at 1-877-729-7252. We appreciate your business and look forward to a continued partnership.

Sincerely,

PayPal

According to orange_cape_hides_me the Fill In The Category covers:

• "purses, clothing & fashion accessories
• books
• industrial
• motor parts
• games, toys (aver. price $25.00 or less)
• stamps
• fabric
• pool supplies
• and pet supplies"

According to PayPal:

• "We're requiring reserves for a very small percentage of our sellers - currently less than 1%"
• Bill Clark, PayPal Risk Team Analyst

The end of second quarter (June 30) looming for eBay and PayPal, explains the timing of the 10% hold policy.  Essentially new financial quarter, new revenue.  The why hold at all can be found in knowing what the "1%" represents.

Using numbers from eBay's SEC (U.S. Securities and Exchange Commission) filing, 23 October 2008 10-Q Quarterly Report  Form 10-Q, the following is the worse case (for sellers or best case for eBay/PayPay) calculation of "1%" per quarter.

• Active eBay users affected:  830,000
• Active registered PayPal accounts affected:  548,000
• Net total payment volume, HELD:  $115,690,000

PayPal's revenue in this case would be the interest on the $115 million per quarter, or $450 million per year.  Plus incidental fees.

As we've noted on previous occasions, this is what eBay/PayPal considers to be "small."

"Keep On With The Force Don't Stop
Don't Stop 'Til You Get Enough"
Released 1979, Michael Jackson (1958-2009)

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PayPal Has Never Been Compromised?

PayPal Has Never Been Compromised?
15 June 2009
EventHorizon1984
Commentary

It's always interesting when PayPal quantifies what they mean by "low". 

According to PayPal, in the WBBM article Suburban Cop Becomes PayPal ID Theft Victim, their fraud rate is 1/3 of 1%.

• "We have a really low rate of fraud, only one-third of 1 percent"
• Charlotte Hill, PayPal

Let's use numbers from eBay's U.S. SEC (U.S. Securities and Exchange Commission) filing, 23 October 2008 10-Q Quarter Report, and see what "one-third of 1 percent" represents.

The worse case amount for PayPal fraud in one year (not one quarter) at "one-third of 1 percent":

• Gross merchandise volume Fraud Committed:  $191,933,000
• Net total payment volume Fraud Committed:  $154,253,000

We suppose it's good to know that when PayPal says "low" they mean in the hundreds of millions of dollars.

Incidentally, about this PayPal PR statement made in the same article:

• "The PayPal system has never been compromised since its inception"
• PayPal Customer Service

Read the recent article PayPal's security 'flawed' for one out of many PayPal security issues.

"One of the reasons we are safer"
Charlotte Hill, PayPal

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How To Guide - FTC Guides Concerning Use Of Endorsements And Testimonials In Advertising

How To Guide - FTC Guides Concerning Use Of Endorsements And Testimonials In Advertising
18 May 2009
EventHorizon1984
Commentary

This comment isn't really about the material violations made by certain corporations and their paid shills.  Although we're including the link and text, because eBay spams the Internet with these eBay blogs and associated keywords. And we like to help them along.

Today's lesson, so to speak, is what we've noticed in the actual online FTC complaint process. 

If you don't feel like writing an actual letter and mailing it (http://www.ftc.gov/ftc/cmplanding.shtm), here's the link to the online complaint form.

FTC Complaint Assistant
https://www.ftccomplaintassistant.gov/

What do we see first?

Step 1: Let's Get Started
Is your complaint concerning identity theft?
( ) Yes
( ) No

For this example, select "No".

Is your complaint most closely related to:
( ) Debt collectors or debt collection practices
( ) Credit Reports
( ) Dissatisfaction with other business practices

You get to the interesting part when you select "Dissatisfaction".

What kind of company are you complaining about?

Automobile
Business Opportunities
Home Furnishings/Repair
Internet
Lending Financial / Services
Lottery of Sweepstakes
Telephone/Cable
Work-related
Other

Want to hazard a guess as to what choices you get when "Internet" is selected?

Auctions
Internet Service Provider
Spyware/Computer Viruses
Web Design Services
Other Internet Practices

Auctions
Internet Service Provider
Spyware/Computer Viruses
Web Design Services
Other Internet Practices

It is truly amazing at the amount of Federal attention the "Internet" "Auctions" business has garnered recently.  Think the FTC is referring to eBay here?  Or perhaps eBay's paid and undisclosed speakers?

Unless some "Internet" "Auctions" business plans to spin this as 'Auctions means Amazon too'.

In case you're wondering.  Yes, there's more to the form.  Yes, we are doing some spring cleaning bulk filings.  Don't need this type of distraction and "noise" during the summer.

And you may be asking too, does this go anywhere?  Based on past history, see our end quote.

"Oooh That's Gotta Hurt!"
Ash (Bruce Campbell), Army of Darkness (1992)
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http://www.ftc.gov/bcp/guides/endorse.htm

FTC GUIDES CONCERNING USE OF
ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING

---

Sec.255.0 255.1 255.2 255.3 255.4 255.5

Definitions. General considerations. Consumer endorsements Expert endorsements. Endorsements by organizations. Disclosure of material connections.

Authority: 38 Stat. 717, as amended; 15 U.S.C. 41 - 58.

§255.0 Definitions.

(a) The Commission intends to treat endorsements and testimonials identically in the context of its enforcement of the Federal Trade Commission Act and for purposes of this part. The term endorsements is therefore generally used hereinafter to cover both terms and situations.

(b) For purposes of this part, an endorsement means any advertising message (including verbal statements, demonstrations, or depictions of the name, signature, likeness or other identifying personal characteristics of an individual or the name or seal of an organization) which message consumers are likely to believe reflects the opinions, beliefs, findings, or experience of a party other than the sponsoring advertiser. The party whose opinions, beliefs, findings, or experience the message appears to reflect will be called the endorser and may be an individual, group or institution.

(c) For purposes of this part, the term product includes any product, service, company or industry.

(d) For purposes of this part, an expert is an individual, group or institution possessing, as a result of experience, study or training, knowledge of a particular subject, which knowledge is superior to that generally acquired by ordinary individuals.

Example 1: A film critic's review of a movie is excerpted in an advertisement. When so used, the review meets the definition of an endorsement since it is viewed by readers as a statement of the critic's own opinions and not those of the film producer, distributor or exhibitor. Therefore, any alteration in or quotation from the text of the review which does not fairly reflect its substance would be a violation of the standards set by this part.

 

Example 2: A TV commercial depicts two women in a supermarket buying a laundry detergent. The women are not identified outside the context of the advertisement. One comments to the other how clean her brand makes her family's clothes, and the other then comments that she will try it because she has not been fully satisfied with her own brand. This obvious fictional dramatization of a real life situation would not be an endorsement.

 

Example 3: In an advertisement for a pain remedy, an announcer who is not familiar to consumers except as a spokesman for the advertising drug company praises the drug's ability to deliver fast and lasting pain relief. He purports to speak, not on the basis of his own opinions, but rather in the place of and on behalf of the drug company. Such an advertisement would not be an endorsement.

 

Example 4: A manufacturer of automobile tires hires a well known professional automobile racing driver to deliver its advertising message in television commercials. In these commercials, the driver speaks of the smooth ride, strength, and long life of the tires. Even though the message is not expressly declared to be the personal opinion of the driver, it may nevertheless constitute an endorsement of the tires. Many consumers will recognize this individual as being primarily a racing driver and not merely a spokesman or announcer for the advertiser. Accordingly, they may well believe the driver would not speak for an automotive product unless he/she actually believed in what he/she was saying and had personal knowledge sufficient to form that belief. Hence they would think that the advertising message reflects the driver's personal views as well as those of the sponsoring advertiser. This attribution of the underlying views to the driver brings the advertisement within the definition of an endorsement for purposes of this part.

 

Example 5: A television advertisement for golf balls shows a prominent and well-recognized professional golfer hitting the golf balls. This would be an endorsement by the golfer even though he makes no verbal statement in the advertisement.

[40 FR 22128, May 21, 1975, as amended at 45 FR 3872, Jan. 18, 1980]

§255.1 General considerations.

(a) Endorsements must always reflect the honest opinions, findings, beliefs, or experience of the endorser. Furthermore, they may not contain any representations which would be deceptive, or could not be substantiated if made directly by the advertiser. [See Example 2 to Guide 3 (§255.3) illustrating that a valid endorsement may constitute all or part of an advertiser's substantiation.]

(b) The endorsement message need not be phrased in the exact words of the endorser, unless the advertisement affirmatively so represents. However, the endorsement may neither be presented out of context nor reworded so as to distort in any way the endorser's opinion or experience with the product. An advertiser may use an endorsement of an expert or celebrity only as long as it has good reason to believe that the endorser continues to subscribe to the views presented. An advertiser may satisfy this obligation by securing the endorser's views at reasonable intervals where reasonableness will be determined by such factors as new information on the performance or effectiveness of the product, a material alteration in the product, changes in the performance of competitors' products, and the advertiser's contract commitments.

(c) In particular, where the advertisement represents that the endorser uses the endorsed product, then the endorser must have been a bona fide user of it at the time the endorsement was given, Additionally, the advertiser may continue to run the advertisement only so long as he has good reason to believe that the endorser remains a bona fide user of the product. [See §255.1(b) regarding the ``good reason to believe'' requirement.]

Guide 1, Example 1: A building contractor states in an advertisement that he specifies the advertiser's exterior house paint because of its remarkable quick drying properties and its durability. This endorsement must comply with the pertinent requirements of Guide 3. Subsequently, the advertiser reformulates its paint to enable it to cover exterior surfaces with only one coat. Prior to continued use of the contractor's endorsement, the advertiser must contact the contractor in order to determine whether the contractor would continue to specify the paint and to subscribe to the views presented previously.

 

Example 2: A television advertisement portrays a woman seated at a desk on which rest five unmarked electric typewriters. An announcer says ``We asked Mrs. X, an executive secretary for over ten years, to try these five unmarked typewriters and tell us which one she liked best.''

 

The advertisement portrays the secretary typing on each machine, and then picking the advertiser's brand. The announcer asks her why, and Mrs. X gives her reasons. Assuming that consumers would perceive this presentation as a ``blind'' test, this endorsement would probably not represent that Mrs. X actually uses the advertiser's machines in her work. In addition, the endorsement may also be required to meet the standards of Guide 3 on Expert Endorsements.

[Guide 1]
[45 FR 3872, Jan. 18, 1980]

§255.2 Consumer endorsements.

(a) An advertisement employing an endorsement reflecting the experience of an individual or a group of consumers on a central or key attribute of the product or service will be interpreted as representing that the endorser's experience is representative of what consumers will generally achieve with the advertised product in actual, albeit variable, conditions of use. Therefore, unless the advertiser possesses and relies upon adequate substantiation for this representation, the advertisement should either clearly and conspicuously disclose what the generally expected performance would be in the depicted circumstances or clearly and conspicuously disclose the limited applicability of the endorser's experience to what consumers may generally expect to achieve. The Commission's position regarding the acceptance of disclaimers or disclosures is described in the preamble to these Guides published in the Federal Register on January 18, 1980.

(b) Advertisements presenting endorsements by what are represented, directly or by implication, to be ``actual consumers'' should utilize actual consumers, in both the audio and video or clearly and conspicuously disclose that the persons in such advertisements are not actual consumers of the advertised product.

(c) Claims concerning the efficacy of any drug or device as defined in the Federal Trade Commission Act, 15 U.S.C. 55, shall not be made in lay endorsements unless (1) the advertiser has adequate scientific substantiation for such claims and (2) the claims are not inconsistent with any determination that has been made by the Food and Drug Administration with respect to the drug or device that is the subject of the claim.

Guide 2, Example 1: An advertisement presents the endorsement of an owner of one of the advertiser's television sets. The consumer states that she has needed to take the set to the shop for repairs only one time during her 2-year period of ownership and the costs of servicing the set to date have been under $10.00. Unless the advertiser possesses and relied upon adequate substantiation for the implied claim that such performance reflects that which a significant proportion of consumers would be likely to experience, the advertiser should include a disclosure that either states clearly and conspicuously what the generally expectable performance would be or clearly and conspicuously informs consumers that the performance experienced by the endorser is not what they should expect to experience. The mere disclosure that ``not all consumers will get this result'' is insufficient because it can imply that while all consumers cannot expect the advertised results, a substantial number can expect them. [See the cross reference in Guide 2(a) regarding the acceptability of disclaimers or disclosures.]

Example 2: An advertiser presents the results of a poll of consumers who have used the advertiser's cake mixes as well as their own recipes. The results purport to show that the majority believed that their families could not tell the difference between the advertised mix and their own cakes baked from scratch. Many of the consumers are actually pictured in the advertisement along with relevant, quoted portions of their statements endorsing the product. This use of the results of a poll or survey of consumers probably represents a promise to consumers that this is the typical result that ordinary consumers can expect from the advertiser's cake mix.

Example 3: An advertisement purports to portray a ``hidden camera'' situation in a crowded cafeteria at breakfast time. A spokesperson for the advertiser asks a series of actual patrons of the cafeteria for their spontaneous, honest opinions of the advertiser's recently introduced breakfast cereal. Even though the words ``hidden camera'' are not displayed on the screen, and even though none of the actual patrons is specifically identified during the advertisement, the net impression conveyed to consumers may well be that these are actual customers, and not actors. If actors have been employed, this fact should be disclosed.

[Guide 2]
[45 FR 3872, Jan. 18, 1980]

§255.3 Expert endorsements.

(a) Whenever an advertisement represents, directly or by implication, that the endorser is an expert with respect to the endorsement message, then the endorser's qualifications must in fact give him the expertise that he is represented as possessing with respect to the endorsement.

(b) While the expert may, in endorsing a product, take into account factors not within his expertise (e.g., matters of taste or price), his endorsement must be supported by an actual exercise of his expertise in evaluating product features or characteristics with respect to which he is expert and which are both relevant to an ordinary consumer's use of or experience with the product and also are available to the ordinary consumer. This evaluation must have included an examination or testing of the product at least as extensive as someone with the same degree of expertise would normally need to conduct in order to support the conclusions presented in the endorsement. Where, and to the extent that, the advertisement implies that the endorsement was based upon a comparison such comparison must have been included in his evaluation; and as a result of such comparison, he must have concluded that, with respect to those features on which he is expert and which are relevant and available to an ordinary consumer, the endorsed product is at least equal overall to the competitors' products. Moreover, where the net impression created by the endorsement is that the advertised product is superior to other products with respect to any such feature or features, then the expert must in fact have found such superiority.

Example 1: An endorsement of a particular automobile by one described as an ``engineer'' implies that the endorser's professional training and experience are such that he is well acquainted with the design and performance of automobiles. If the endorser's field is, for example, chemical engineering, the endorsement would be deceptive.

Example 2: A manufacturer of automobile parts advertises that its products are approved by the ``American Institute of Science.'' From its very name, consumers would infer that the ``American Institute of Science'' is a bona fide independent testing organization with expertise in judging automobile parts and that, as such, it would not approve any automobile part without first testing its efficacy by means of valid scientific methods. Even if the American Institute of Science is such a bona fide expert testing organization, as consumers would expect, the endorsement may nevertheless be deceptive unless the Institute has conducted valid scientific tests of the advertised products and the test results support the endorsement message.

Example 3: A manufacturer of a non-prescription drug product represents that its product has been selected in preference to competing products by a large metropolitan hospital. The hospital has selected the product because the manufacturer, unlike its competitors, has packaged each dose of the product separately. This package form is not generally available to the public. Under the circumstances, the endorsement would be deceptive because the basis for the choice of the manufacturer's product, convenience of packaging, is neither relevant nor available to consumers.

Example 4: The president of a commercial ``home cleaning service'' states in a television advertisement that the service uses a particular brand of cleanser in its business. Since the cleaning service's professional success depends largely upon the performance of the cleansers it uses, consumers would expect the service to be expert with respect to judging cleansing ability, and not be satisfied using an inferior cleanser in its business when it knows of a better one available to it. Accordingly, the cleaning service's endorsement must at least conform to those consumer expectations. The service must, of course, actually use the endorsed cleanser. Additionally, on the basis of its expertise, it must have determined that the cleansing ability of the endorsed cleanser is at least equal (or superior, if such is the net impression conveyed by the advertisement) to that of competing products with which the service has had experience and which remain reasonably available to it. Since in this example, the cleaning service's president makes no mention that the endorsed cleanser was ``chosen,'' ``selected,'' or otherwise evaluated in side-by-side comparisons against its competitors, it is sufficient if the service has relied solely upon its accumulated experience in evaluating cleansers without having to have performed side-by-side or scientific comparisons.

Example 5: An association of professional athletes states in an advertisement that it has ``selected'' a particular brand of beverages as its ``official breakfast drink''. As in Example 4, the association would be regarded as expert in the field of nutrition for purposes of this section, because consumers would expect it to rely upon the selection of nutritious foods as part of its business needs. Consequently, the association's endorsement must be based upon an expert evaluation of the nutritional value of the endorsed beverage. Furthermore, unlike Example 4, the use of the words ``selected'' and ``official'' in this endorsement imply that it was given only after direct comparisons had been performed among competing brands. Hence, the advertisement would be deceptive unless the association has in fact performed such comparisons between the endorsed brand and its leading competitors in terms of nutritional criteria, and the results of such comparisons conform to the net impression created by the advertisement.

[Guide 3]
[40 FR 22128, May 21, 1975]

§255.4 Endorsements by organizations.

Endorsements by organizations, especially expert ones, are viewed as representing the judgment of a group whose collective experience exceeds that of any individual member, and whose judgments are generally free of the sort of subjective factors which vary from individual to individual. Therefore an organization's endorsement must be reached by a process sufficient to ensure that the endorsement fairly reflects the collective judgment of the organization. Moreover, if an organization is represented as being expert, then, in conjunction with a proper exercise of its expertise in evaluating the product under §255.3 of this part (Expert endorsements), it must utilize an expert or experts recognized as such by the organization or standards previously adopted by the organization and suitable for judging the relevant merits of such products.

Example: A mattress seller advertises that its product is endorsed by a chiropractic association. Since the association would be regarded as expert with respect to judging mattresses, its endorsement must be supported by an expert evaluation by an expert or experts recognized as such by the organization, or by compliance with standards previously adopted by the organization and aimed at measuring the performance of mattresses in general and not designed with the particular attributes of the advertised mattress in mind. (See also §255.3, Example 5.)

[Guide 4]
[40 FR 22128, May 21, 1975]

§255.5 Disclosure of material connections.

When there exists a connection between the endorser and the seller of the advertised product which might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience) such connection must be fully disclosed. An example of a connection that is ordinarily expected by viewers and need not be disclosed is the payment or promise of payment to an endorser who is an expert or well known personality, as long as the advertiser does not represent that the endorsement was given without compensation. However, when the endorser is neither represented in the advertisement as an expert nor is known to a significant portion of the viewing public, then the advertiser should clearly and conspicuously disclose either the payment or promise of compensation prior to and in exchange for the endorsement or the fact that the endorser knew or had reasons to know or to believe that if the endorsement favors the advertised product some benefit, such as an appearance on TV, would be extended to the endorser.

Example 1: A drug company commissions research on its product by a well-known research organization. The drug company pays a substantial share of the expenses of the research project, but the test design is under the control of the research organization. A subsequent advertisement by the drug company mentions the research results as the ``findings'' of the well-known research organization. The advertiser's payment of expenses to the research organization need not be disclosed in this advertisement. Application of the standards set by Guides 3 and 4 provides sufficient assurance that the advertiser's payment will not affect the weight or credibility of the endorsement.

Example 2: A film star endorses a particular food product. The endorsement regards only points of taste and individual preference. This endorsement must of course comply with §255.1; but even though the compensation paid the endorser is substantial, neither the fact nor the amount of compensation need be revealed.

Example 3: An actual patron of a restaurant, who is neither known to the public nor presented as an expert, is shown seated at the counter. He is asked for his ``spontaneous'' opinion of a new food product served in the restaurant. Assume, first, that the advertiser had posted a sign on the door of the restaurant informing all who entered that day that patrons would be interviewed by the advertiser as part of its TV promotion of its new soy protein ``steak''. This notification would materially affect the weight or credibility of the patron's endorsement, and, therefore, viewers of the advertisement should be clearly and conspicuously informed of the circumstances under which the endorsement was obtained.

Assume, in the alternative, that the advertiser had not posted a sign on the door of the restaurant, but had informed all interviewed customers of the ``hidden camera'' only after interviews were completed and the customers had no reason to know or believe that their response was being recorded for use in an advertisement. Even if patrons were also told that they would be paid for allowing the use of their opinions in advertising, these facts need not be disclosed.

[Guide 5]
[45 FR 3873, Jan. 18, 1980]

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DESTROY ALL COUNTERFEITS! - eBay's New June 2009 User Agreement

DESTROY ALL COUNTERFEITS! - eBay's New June 2009 User Agreement
14 May 2009
EventHorizon1984
Commentary

We made a condensed comment on the AuctionByte blog "eBay Revises Fakes Policy: Return, not Destroy".  What follows is a full article.

The material in this article is provided to you free of charge, "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Basically talk to a attorney figuratively face-to-face when seeking legal advice.  Not that we're dispensing any.

 

The May 13th AuctionBytes articles "eBay's New Policy Instructs Buyers to Destroy Fakes" and "Questions over eBay's New Fakes Policy" brought to light a section in eBay's User Agreement, that would be implemented 14 June 2009.

 

• For covered claims that meet the conditions and are not excluded, buyers are required to destroy an item if they claim it is not authentic. Once a buyer confirms destruction of the item, eBay will reimburse the buyer.
• For covered claims that meet the conditions and are not excluded, sellers agree to not hold buyers or eBay responsible for the destruction of an item if it is not believed to be authentic

 

Looking at the California statutes, eBay INC being located in the State of California, this type of action is covered under "California Criminal Law", "Crimes Against Property", "Larceny", "Grand Theft", etal. 

All 50 U.S. States and U.S. Territories have similar laws.  Then there's the matter of Interstate Commerce, and it's coverage by the U.S. Attorney General and the F.B.I.

And yes, there's more.

A day later someone at eBay with a legal background must have read the MBA produced User Agreement.

***Updated: Changes to the eBay User Agreement***
May 14, 2009 | 04:46PM PST/PT

Scott Shipman

 

 

On May 15, eBay will be releasing a revised user agreement. This revision will address the obligations of buyers and sellers in transactions where a buyer has alleged receipt of a counterfeit item.

Under the revised agreement:

• Buyers and sellers shall work in good faith during the resolution process to determine that the item is not counterfeit.
• If buyer and seller cannot determine that the item is not counterfeit, buyers are required to send the item back to the seller. Cost of return shipping will be paid by the buyer or eBay, unless both buyer and seller have agreed otherwise.
• Covered claims that meet the conditions and are not excluded will count as a violation by the seller of our prohibited and infringing items policy.
• If eBay determines the buyer is not acting in good faith, eBay may restrict or eliminate their ability to return items or make future claims.
• Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any eBay Inc. web site or service.

These revisions to the user agreement are being made to:

• Provide sellers protections against inaccurate counterfeit claims.
• Provide buyers assurances about the authenticity of the item received.
• Maintain integrity of the eBay marketplace.

The new User Agreement is effective immediately for new members registering on or after today, and on June 14, 2009, for current members. You don't need to do anything to accept the new User Agreement. If you don't wish to accept it, you can follow these instructions to close your account.

Sincerely,
Scott Shipman
Senior Counsel
eBay Inc.

 

For the casual reader, these are eBay User Agreement sections being referenced:

http://pages.ebay.com/help/policies/user-agreement.html

Buyer Obligations:

• Buyers agree to file claims in accordance with the conditions, exclusions and coverage limitations as further explained in the eBay Purchase Protection policy.

• For covered claims that meet the conditions and are not excluded, eBay will reimburse eligible buyers by PayPal or by coupon redeemable on eBay, in eBay’s discretion, based upon a number of factors, such as whether the buyer has a PayPal account, the type of payment made to the seller and the payment amount.

• Buyers who eBay believes are not acting in good faith, abusing the program or a seller, attempting to commit or committing fraud, or trying to unjustly benefit from the program may become ineligible for eBay Purchase Protection. Buyers who become ineligible will be notified by eBay prior to ineligibility.  eBay reserves the right to temporarily, indefinitely or permanently suspend the eBay Purchase Protection program immediately if we suspect abuse, excessive claims, tampering, or interference with the proper working of the program.

• eBay Purchase Protection doesn’t cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where you have been or may be compensated from another third party. Please read the eBay Purchase Protection policy for more details.

 Seller Obligations:

• Sellers agree to follow the program requirements as explained in the eBay Purchase Protection policy.

• All sellers with an open claim must work in good faith to resolve the claim, refund money and/or provide a replacement item, and accept a return of the item as explained by the eBay Purchase Protection Policy.

• If a seller doesn't resolve a claim, the seller agrees to pay eBay the amount paid by eBay to the buyer in accordance with the eBay Purchase Protection policy. eBay will invoice the seller for these amounts and seller agrees to pay eBay in accordance with the invoice terms.

Obligations when a buyer opens a claim alleging an item is counterfeit:

• Sellers shall work with the buyer in good faith during the resolution process to provide buyer with appropriate documentation or other assurances to satisfy the buyer that the item is not counterfeit, if such information is available.

• If buyer and seller cannot agree that the item is not counterfeit, for covered claims that meet the conditions and are not excluded, buyers are required to send the item back to the seller. Cost of return shipping will be paid by the buyer or eBay in our sole discretion, unless otherwise agreed upon by the buyer and seller.

• Covered claims that meet the conditions and are not excluded will count as a violation by the seller of our prohibited and infringing items policy.

• Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any eBay Inc. (including our subsidiaries, joint ventures, and other members of the group) web site or service located around the world.

• While buyers are not obligated to provide third party confirmation that an item is counterfeit in order to open a claim, in cases where there is written confirmation from the manufacturer that the item is counterfeit, or in additional circumstances where eBay elects to exercise its discretion, eBay may request the destruction of the item by an authorized third party and at eBay’s expense.

Let us briefly go through the new legalize.  Keep in mind that legal documents are written to minimize, or eliminate, vague, and subject to multiple interpretation, language.  At least that is the goal.

Condensing the above counterfeit section down to a more understandable form:

• "If buyer and seller cannot agree that the item is not counterfeit" this "will count as a violation by the seller of our prohibited and infringing items policy", and "buyers are not obligated to provide third party confirmation that an item is counterfeit".

Same as Scott Shipman's announcement, got it?

This part is solid:

• "in cases where there is written confirmation from the manufacturer that the item is counterfeit"

However there remains more language that eBay's legal team must clean up.  Which is not necessarily Scott Shipman's pervue. See http://news.ebay.com/team.cfm Michael Jacobson, eBay Senior Vice President and General Counsel.

Take a look at this:

• "or in additional circumstances where eBay elects to exercise its discretion, eBay may request the destruction of the item by an authorized third party and at eBay’s expense."

Read it very carefully.  eBay can destroy seller property when "eBay elects to exercise its discretion".  This part does not clearly explain "discretion".  In less legalize, "discretion" could be very very very very loosely replaced with 'whim'.

This has a bit more clarity:

•  "eBay may request the destruction of the item by an authorized third party".

But lacks the explanation of what happens should eBay NOT request destruction.  Because of the word "may", the statement can be interpreted as:

• "or in additional circumstances where eBay elects to exercise its discretion, eBay may or may not request the destruction of the item by an authorized third party and at eBay’s expense."

Consider what happens in the event that eBay does NOT request destruction of the item?  Do you know what happens to the seller's item?  There are multiple possibilities, indicating that this part is vague, and NOT clearly written.

Eventually eBay's legal team needs to put in a list of authorized third parties that will be used for destruction.  That is fairly minor though.

This part is not minor:

• "at eBay’s expense."

This CAN be interpreted as, 'eBay will pay for the cost of destruction'.  Fine, but incomplete.  Remember IN CONTEXT "at eBay’s expense" refers to the cost of destruction PERIOD.

Lets revisit the original issue in the original User Agreement.  eBay makes the buyer whole and pays for destruction of a seller's item, but THEN who ultimately pays for the money given back to the buyer?  The rewritten user agreement remains ambiguous or missing in this matter.

Consider what happens when a seller resolves the claim in good faith, informs the buyer to return the item for a refund, the buyer maintains the item is counterfeit, and eBay chooses to "exercise its discretion"?

• "If a seller doesn't resolve a claim, the seller agrees to pay eBay the amount paid by eBay to the buyer"

Is it likely that this provision, under Seller Obligations, would be applied whereby eBay unilaterally chooses to "exercise its discretion", declares the claim is not resolved, and eBay has the now seller's item destroyed?

• "eBay will invoice the seller for these amounts and seller agrees to pay eBay in accordance with the invoice terms."

Anyone notice there is more 'whim' in the new rewritten user agreement?  Is this deliberate or an oversight?

And as William Cobb would put it, soooo Is there more?  Yes. 

Think it's time to hit to personally hit the word processor Michael Jacobson ESQ, and clean up this mess?

 

"It's sort of an obsession with me to do the best I can for a client. My clients aren't blameless. Many of them are crooks. Probably a lot of them are guilty. That's not for me to determine. That's for a jury to determine."
Perry Mason

"The character of every act depends upon the circumstances in which it is done."
Oliver Wendell Holmes JR, U.S. Supreme Court

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The "DESTROY ALL COUNTERFEITS!" is homage to the Toho Company movie "Kaiju soshingeki" or "Destroy All Monsters!" (1968).

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eBay Media Center - Senior Management
http://news.ebay.com/team.cfm

Michael Jacobson
Senior Vice President and General Counsel, eBay Inc.

Download image

As senior vice president and general counsel at eBay, Mike Jacobson's responsibilities include overseeing eBay's legal department, its risk management program, and its policy group. He is responsible for interactions with content regulators, law enforcement, contracts, SEC compliance, and other legal matters. Prior to eBay, Mike was a partner with Cooley Godward LLP where he was recognized as an expert in securities law. His responsibilities included corporate and securities transactions, including mergers and acquisition transactions, public offerings, and venture capital financing. Mike earned a Bachelor of Arts in Economics, Magna Cum Laude, in 1975 from Harvard College, where he was a member of Phi Beta Kappa. He subsequently received his law degree from Stanford University in 1981, where he was a Nathan Abbot Scholar and a member of Order of the Coif. He also received the Hilmer Oehlmann Jr. award as well as first and second year honors.

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Notable Comments

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Questions over eBay's New Fakes Policy
by: Grab your torches

Wed May 13 14:28:53 2009
Just calm down, you silly people
When the smoke that you yourselves are generating clears, you'll see that a third party verification is needed. This system is already in place and has been used for a long time.

 

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4343martino ( 1851) View seller's items | View Blog Well fer sure...every buyer is a honest upstanding citizen of what ever third world country they happen to be in..You should know that by now world-secure....there never has been or ever will be a dishonest e-bay buyer...they dont exist..not in this world or the next..just ask e-bay they will tell ya...LOL>>>What a crock of sh*t e-bay has created with this one..chalk up another one for the lawyers...LOL>>> Mark May-13-09 15:27:25 PDT

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Questions over eBay's New Fakes Policy
by: Grab your torches
Thu May 14 13:45:31 2009

So much hype here.
Where does this false info about mailing counterfeits come from? It is illegal to sell them, yes. Illegal to use USPS to sell them, yes. NOT illegal to use USPS to send them to be authenticated/destroyed.
The eBay UA only states that a buyer must "confirm" that a counterfeit has been destroyed. It says nothing about the manner of that confirmation. The current process for a destroying a counterfeit is not spelled out either. Do you assume this means the buyer just has to say they did? No, they ship it to Texas, where it is supposedly destroyed if counterfeit, or resold if authentic. Is there any reason to believe that this won't be pretty much the same thing?

Any idiot knows that if all eBay will require is a buyer saying they destroyed it, then this cannot possibly be legal. Why then, do you all believe this is what eBay is going to do?

It seems much more likely that the user agreement is being left deliberately vague, for any number of reasons.

I swear, Ina could tell you that eBay Singapore was adding a category for human trafficking and you would all eat it up and repeat it everywhere.
Clowns, all of you.

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Questions over eBay's New Fakes Policy
by: Grab your torches
Thu May 14 14:18:52 2009

 

 

Why doesn't somebody here just go ahead and buy a fake purse? Do it. You'll be making the world a better place removing a counterfeit. Much better than reporting it, getting the listing removed so the seller can peddle it somewhere else. Actually buy it and the fake seller is out the money and the counterfeit.
Now, tell eBay it's a fake and see what they ask you to do.

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Questions over eBay's New Fakes Policy
by: Grab your torches
Thu May 14 15:04:12 2009

"If ebay doesn't want incorrect information floating around about ANY of its policies, then the policy should be completely transparent and 100% of it posted."

Seriously? This is a defense?
I would like a little more clarity over this policy as well, but that DOES NOT JUSTIFY MAKING THINGS UP!

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Questions over eBay's New Fakes Policy
by: Grab your torches
Thu May 14 15:11:55 2009

Some secret policies are good.
The list of words in a title that restrict how many of a certain thing you can sell, for example. Make that known and people selling counterfeits know exactly what to avoid.
Exactly how best match works also. Remember when some unscrupulous sellers figured out to put NEW NEW NEW in the title to push their items to the top?

While I do not see the logic behind their vagueness in this case, I wont deign to say that it does not exist. I can't say with any certainty that 100% transparency wouldn't create an opening for the counterfeit sellers to abuse.

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eBay PayFlow Checkout, Hacker Approved??

eBay PayFlow Checkout, Hacker Approved??
26 March 2009
EventHorizon1984


eBay plans to deactivate 3rd party checkout around June 2009.  Meaning eBay Sellers with Merchant Accounts (using 3rd party checkout), allowing non-PayPal credit card payments, are required to sign up for a mandatory PayFlow account beginning March 1st 2009. 

Well an event that appears interestingly timed with eBay's new PayFlow checkout occurred.  It appears that someone may have conducted the first large scale test of the vulnerability of eBay's new eBay/PayFlow checkout.

Cyber Attack: Unsolicited, Unstoppable PayPal Payments
By: Ina Steiner
Wed Mar 18 2009 22:42:14

• "There were several disturbing characteristics of this attack. It appears that scammers could use bogus information (including email address, physical address, and phone number) to send payments with credit cards that were, one would conclude, compromised or stolen. In some of those cases, it seems PayPal failed to identify them as suspicious to the merchant in a timely fashion."
• "But we know that when one incident surfaces, they are bound to be followed by more, so keep an eye out for strange activity in your PayPal account, and keep a close eye on your credit cards!"

Not that we find this surprising.

Look up active registered eBay Developer spopa2006 ( 3 ) sometime, as we blog back in time.

• "According to the affidavit, Popa was sentenced to 71 days in jail in Michigan in 2006 after being charged for using a hijacked eBay account to defraud someone into paying $1,448 for an item that didn't exist."

Remember, eBay code monkeys and Developers are working on and implementing software to allow buyers to input their credit card information directly on the eBay site and through eBay owned PayPal/PayFlow.

So your credit card can be safe.

"What's in Your wallet?"*

* What can we say, we like the Capital One commercials.

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spopa2006
Re: Mail address of an ebay User ?
Posted: Jun 7, 2007 12:41 AM   

Hey there. I wrote a similar project in C++ by using pointers. However, the implemented network interface i used in C++ is no longer supported and I am not a C# guru as I am in c++. Tell me whether or not you got your solution. You can email me at [email protected]

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Suspect in 'phishing' scheme indicted
A Romanian immigrant is accused of using e-mails to dupe thousands of people into sharing financial records.

By Dan Browning, Star Tribune

  Last update: June 20, 2007 –  9:55 PM

• "A Romanian immigrant was indicted Tuesday in federal court in Minneapolis on charges that he operated a computerized "phishing" scheme for several years that raked in financial records and personal identification from thousands of individuals, including many from Minnesota."
• "Sergiu Daniel Popa, 20, of Shelby Township, Mich., was indicted on three counts of possessing 15 or more devices designed to collect data on the Internet without authorization, and three counts of aggravated identity theft."
• "According to {FBI Special Agent Theodore} Theisen's affidavit and the indictment:"

• "Popa had more than 7,000 identities of victims of various phishing schemes, together with bank account, credit card and Social Security numbers, and passwords for some eBay, online banking and e-mail accounts. He offered to sell the stolen information to others."

• "Popa was convicted of larceny by conversion on June 12, 2006, stemming from a case in Saline, Mich. He was accused of using a hijacked eBay account to trick an individual into sending him $1,448 to buy a product that didn't exist. He served 71 days, Theisen said."

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From eBay Stores Forum
Phisher Indicted - check out this article

spopa2006 (2 ) View Listings | Report                 Jun-26-07 13:34 PDT       3 of 3
Listen guys. I am Sergiu D. Popa. I am that horrible guy!

Now let me make things a bit clear for you. First and foremost, I think that the Feds are a bit mentally challenged to put me behind bars because I have access to a lot of databases and I can predict every single move one tries to make against me.

And by the way, employing the described techniques by the newspaper article I successfully obtained about 1.1 Million dollars. I never run a Western Union Scheme as the newspaper says. I run an insurance scheme and therefore there shouldn't be any complaints. Insurances have plenty of money.

They also fail to mention in the newspapers reports who I really am in terms of my education and my real story. If you would really know my background and my level of education, you would probably realize that I can listen to your phone conversation, or maybe take a refinance loan on your house without you knowing. I am really appalled by the fact that you guys are making such comments on my behalf. Who are you to judge me? You guys make me laugh.

They also failed to say that I used to work as a mortgage broker and I regret the mistakes I made by scamming insurance companies but I was only 16 at the time I was doing it. I also offered to pay restitution to the Government. However, they always have to win, and they will never accept restitution because they want to prosecute me.

I have also seen a newspaper article where I was described as speaking a broken English. Let's analyze that for a second. At 14 I was teaching Differential Equations and Mechanics at a 4 yr college in New Hampshire, and by the time I was 15 I graduated high school. I am not a wannabe. As a matter of fact, I think I read more books in my life than the whole FBI Minnesota office. If the newspapers are going to write an article about me, I ask them to tell the whole truth. Call my college professors and ask them who I really am.

I know FBI, NASA, BOP and all those other government bonehead agencies are not happy when a kid who immigrated from another country penetrates their systems, but such is life. Get used to it. If in this life, we would all have an equal level of intelligence the world would come to an end. But how would you guys know that? I bet you guys never actually read a sociology, philosophy or psychology book and actually made something out of it.

But here is a warning to everybody who will post bogus information about me:

I will make your life a hell. Do not test me. Do not post information that is not accurate. I already have enough bad publicity and I do not want more. I want to be left alone.

This also applies to the Feds. I have been a nice guy with you, but once again, you are not smart enough to catch me for one, and I would really hate to see you guys back to stone age. How much would the Feds loose if one of their databases were to be completely deleted?

I am not an evil person, but I could be if I wanted to. Let's all live in peace and harmony. Mind your own business and I will mind my own.

Very Truly Yours,
Sergiu D. Popa

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spopa2006 (2 ) View Listings | Report        Jun-26-07 23:56 PDT       5 of 5
Why would you think it is a joke? Better yet, what are the reasons for which you think this is a joke?

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Romanian national cops to $700,000 phishing trip

Who's your underworld Popa?

By Dan Goodin in San Francisco 

Posted in Crime, 9th October 2008 18:47 GMT

• "Sergiu Daniel Popa, who for the past seven years has lived in New York and Michigan, pleaded guilty in federal court in Minneapolis to two felonies related to the scheme. He faces a maximum of 10 years in federal prison and a fine of $500,000. Sentencing has not yet been scheduled."
• "According to Popa's plea agreement, the scheme snagged the identities of 7,000 individuals who suffered a net loss of about $700,000. When his house was searched earlier this year, authorities found a machine for imprinting graphics on blank plastic cards, foil ribbons for making holographic images that appear on finished cards, blank cards, and partially created fraudulent drivers' licenses."
• Popa also possessed pre-built websites spoofing the online destinations of multiple financial institutions, such as PayPal, SunTrust Bank, and CitiBank, according to an affidavit filed in the case. He offered to sell phishing kits with step-by-step instructions for $1,500 and software and hardware capable of counterfeiting credit cards.
• According to the affidavit, Popa was sentenced to 71 days in jail in Michigan in 2006 after being charged for using a hijacked eBay account to defraud someone into paying $1,448 for an item that didn't exist.

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Greg Fant - ***Free Picture Price change***

Not So Free, eBay Free Picture Price Change
12 February 2009
By EventHorizon1984

• "I’d like to share some news regarding fee changes for eBay-hosted pictures that we’re making in the Collectibles, Art, Antiques and Pottery & Glass categories. The first eBay-hosted picture in an item is already free. Effective February 18, 2009, we are making all additional pictures, Picture Pack and Gallery Plus FREE for listings in all four categories on the US site", Greg Fant, eBay VP of Marketing & Buyer Experience
• eBay Gives Photo-Freebie to Collectibles Dealers, Ina Steiner, 13 February 2009

We wonder if sellers realize that according to eBay's User Agreement, eBay will own the rights to the photos you host on eBay?

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, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

If you want to know what eBay will do with your photos, here's what follows the User Agreement parargraph above.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties.

The catalogs may include copyrighted, trademarked or other proprietary materials.

The reader may wonder why eBay needs "Collectibles, Art, Antiques and Pottery & Glass" photos, when eBay has a ready supply of stock photos available to sellers.  The answer is eBay does not have a large supply of stock photos for collectibles.

Yet.

Unless sellers continue to host their own high quality photos, after February 18th eBay will own the rights to a growing supply of royalty-free "Collectibles, Art, Antiques and Pottery & Glass" photos.

Which eBay will gladly loan out to all sellers.  Translation for eBay sellers: Give to your competitors.

Really think about it, before taking eBay up on it's "free" offer.

"I teach you to lie, cheat, and steal, and as soon as my back's turned you wait in line?"
Gregory House, M.D., House

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http://www2.ebay.com/aw/core/200902121347522.html

***Free Picture Price change***
February 12, 2009 | 01:48PM PST/PT

Greg Fant

Hello everyone...I’d like to share some news regarding fee changes for eBay-hosted pictures that we’re making in the Collectibles, Art, Antiques and Pottery & Glass categories. The first eBay-hosted picture in an item is already free.

Effective February 18, 2009, we are making all additional pictures, Picture Pack and Gallery Plus FREE for listings in all four categories on the US site (www.ebay.com). This includes all formats and all durations.

eBay is committed to providing a great experience to its users. Buyers in these categories have asked for more photos to help them decide which items to compare and which item to purchase. We believe that more free photos will allow sellers to provide buyers the visual details they need to make these decisions, lower buyer questions, and increase seller sales.

By the way, we're also working on improving the visual shopping experience for buyers with new ways to browse and view multiple, large pictures, which should further increase the benefits of free pictures for both sellers and buyers. Stay tuned for more information about these upcoming visual enhancements.

We’re excited to make these changes, and believe they will enhance the marketplace on eBay for everyone. I encourage you to click here for full pricing details.

Sincerely,
Greg Fant
VP of Marketing & Buyer Experience

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"Say it ain't so, Joe." - Isn't that the odd American sport of Baseball?

"Say it ain't so, Joe." - Isn't that the odd American sport of Baseball?
4 October 2008
Event Horizon 1984

"This is like deja vu all over again."
Yogi Berra

We're loathe to putting day to day politics on this blog.  There's enough aggravation in daily reading.  But with Major League Baseball into the playoff season, the injection of politics has us crossing the line.

"If you build it ... HE will come."
Shoeless Joe Jackson, Field of Dreams (1989)

If you're a fan of Baseball, or happen to be be the average American glued to the television or radio, you do know this piece of baseball history and mythology.

http://en.wikipedia.org/wiki/Shoeless_Joe_Jackson

In testimony before the grand jury, Jackson admitted under oath that he agreed to participate in the fix. He also admitted to complaining to other conspirators that he had not received his full $20,000 share. Legend has it that as Jackson was leaving the courthouse during the trial, a young boy begged of him, "Say it ain't so, Joe," and that Joe did not respond. In his 1949 interview in Sport Magazine, Jackson debunked this story as a myth.

In 1921, a Chicago jury acquitted him and his seven White Sox teammates of wrongdoing. Nevertheless, Kenesaw Mountain Landis, the newly appointed Commissioner of Baseball, banned all eight accused players, claiming baseball's need to clean up its image took precedence over legal judgments. As a result, Jackson never played major league baseball after the 1920 season.

If you didn't know baseball, you probably wouldn't know this has been floating around the last 80 or so years.

"Say it ain't so, Joe"
Governor Palin, October 2008

"If you can't imitate him, don't copy him."
Yogi Berra

Or not?

"I grew up watching the summer baseball on these fields."
"In fact started out as a sports reporter. Sports have been a passion of mine of mine all my life, so I feel not at home here but I feel very ah comfortable in like this is a fun booth to be in."
Governor Sarah Palin, 29 August 2008
Donny Baarns interview during the Alaska Goldpanners of Fairbanks and Mat-Su Miners game.
http://ballhype.com/video/alaska_governor_sarah_palin_interview/

Every four years American President's and Presidential contenders attend or watch the playoffs.  Mostly leaving the politics out of Baseball.  But this Presidential cycle just had to mix politics with American's most beloved pastime.

Politicians do us a favor. Leave Baseball out of it.

You should know better.

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"And they'll walk out to the bleachers; sit in shirtsleeves on a perfect afternoon. They'll find they have reserved seats somewhere along one of the baselines, where they sat when they were children and cheered their heroes. And they'll watch the game and it'll be as if they dipped themselves in magic waters. The memories will be so thick they'll have to brush them away from their faces. People will come Ray. The one constant through all the years, Ray, has been baseball. America has rolled by like an army of steamrollers. It has been erased like a blackboard, rebuilt and erased again. But baseball has marked the time. This field, this game: it's a part of our past, Ray. It reminds of us of all that once was good and it could be again."
Terence Mann, Field of Dreams (1989)

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From eBay Stores Forum - Has anyone went through this Credit Card Processing Verification?

Sellers with merchant accounts may want to keep this fax number for future reference:

To list items on eBay using merchant credit card, please provide the
following:
- a valid copy of your most recent merchant processing statement from a
bank/financial institution or is from an ISO/MSP.

Fax this information to (408) 904-7387.

Wally
eBay Fraud Prevention

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From eBay Stores Forum
http://forums.ebay.com/db2/thread.jspa?threadID=520008242&tstart=0&mod=1220451520715

Has anyone went through this Credit Card Processing Verification?
ddh_****  (1307 )     Sep-01-08 20:49 PDT
Please forgive me if this has been discussed, but I couldn't locate a thread anywhere. I was in the process of updating all of my listings through TL, to remove money orders and checks, and add credit cards as an option, and when I went to upload them, I received this error message:

Attention!
We noticed that you chose to offer credit card as a payment option. To confirm that you can support this process, please fax a copy of your most recent merchant processing statement to (408) 904-7387. Please ensure the statement is complete and includes all pages.

Please include your eBay user ID, phone number and email address in the fax so that we can contact you.

While we confirm your merchant credit card account, you can continue listing items on eBay with PayPal as the payment method. PayPal is convenient to use and offers buyers and sellers protection against fraud, chargebacks, and theft of financial data.

While we confirm your merchant credit card account, you can continue listing items on eBay with PayPal as the payment method. PayPal is convenient to use and offers buyers and sellers protection against fraud, chargebacks, and theft of financial data.

Has anyone been through this process? I'm just wondering how long it will take, and if it's even worth it. It's really starting to look like they're trying to do everything they can to force us all to accept Paypal only, without coming right out and saying it.

mrbu****  (1101 )     Sep-02-08 06:36 PDT     1
It seems by your ebay listing choices you have indicated to them that you have your own merchant account outside of the paypal and ebay stream.

If this is fact I would go through with the ebay verification. I am not experienced with it but I would think it should not be a big deal. But as is with anything and ebay they could turn it into procedure.

Joe
Heres my sign

mini****  (994 )     Sep-02-08 06:48 PDT     2
I'm not sure I'd trust ebay or their representative who may be on the other end of that fax who may not even be in this country or speak english. I'm not sure I'm willing to fax info that would be so easily abused when I don't know where or to whom it is going.

sand****  (3441 )     Sep-02-08 07:20 PDT     3
I am with you on this one mini. No way would I provide Ebay with my AuthorizeNet account information. That includes my account and merchant numbers. If Ebay wants to establish a working relationship with the merchant account providers to verify it that's one thing. Faxing them MY transactions I don't think so! Not with their software security being like Swiss cheese. How would Ebay guarantee that information would not be hacked and jeopardize my own business off Ebay? I vividly recall that my business information walked out the door in a briefcase with a Paypal employee. Fool me once, shame on you. Fool me twice shame on me.

ddh_****  (1307 )     Sep-02-08 09:03 PDT     4
That was my reaction too mini. I do have an Authorize.net merchant account, and I did indicate that I can accept credit cards, because I can. I do not, however, feel safe faxing them this financial information. They are "just a venue" after all, so why is it any of their business?
I guess I could send it to them, and black out all of the account numbers and important financial information. After all, Authorize.net tells us to keep our account information safe. I wonder what they would think about Ebay asking us to send it to them?
Let's see, we can't accept cash, checks, or money orders, and now we can't accept credit card payments, unless we reveal our financial information to Ebay, where it may or may not be handled privately. I guess that leaves... Paypal. There's a shock.

mdov****  (8319 )     Sep-02-08 09:11 PDT     5
Won't you have to provide your merchant account information to eBay next year when all payments must be electronic through Payflow? How else will you be able to attach your merchant account/authorize information to Payflow?

ddh_****  (1307 )     Sep-02-08 09:26 PDT     6
If I have to enter the information myself, on a secure site, that is one thing. But sending my financial information via fax to just anyone who might be walking by at the time it comes in, is another.
There was not a department mentioned, a person's name to fax to, etc. Just a fax number.
At this point, they have not completed the secure checkout, which will link to our merchant account. Right now, customers will have to call me to pay over the phone, so there is no need for them to have my merchant account number.

sand****  (3441 )     Sep-02-08 09:39 PDT     7
mdove9 at the point that Ebay becomes a portal for those payments the process would be set up thru Authorizenet, Payflow, and Ebay at the developer level. Most likely would a software program where the information would be input by the seller and verified thru the merchant account processors. Not by some entry level or midlevel Ebay employee who has a desk piled high with unsecured faxes. Nope, that simply is not an option IMO. By having the merchant number and account number Ebay could seriously jeopardize all your transactions. If Ebay forces the issue I would heavily censor what information Ebay was able to view on those pages. They would not get clean copies of my monthly statments.

ddh_****  (1307 )     Sep-02-08 09:52 PDT     8
Each credit card now sends a separate statement out every month, and there is no way I'm sending them a copy of those. I just faxed them a copy of my auth.net gateway statement, and a copy of my auth.net merchant profile page, with the merchant ID blacked out. I told them that if they needed this number, they could feel free to call me, and explain why they needed it, and after I verified who they were, I would think about giving it to them.
The information I faxed them shows them what types of credit cards I accept, how long I've had the account, and has my business name, address, and telephone number on it. This should be all the information they need to verify that I do have an account, and I am able to accept credit card payments. My merchant ID is not necessary.

ddh_****  (1307 )     Sep-02-08 09:54 PDT     9
And Sandra, you should be right about the software program. When I integrated auth.net with my main website, I input my gateway id and password into a secure site, and set it up that way. I didn't have to fax any information to any unknown fax number, and my hosting service never asked me for it.

sand****  (3441 )     Sep-02-08 11:25 PDT     10
ddh favors when you finish the process please post your results. I will be interested in hearing what Ebay agrees to accept in this process.

ddh_****  (1307 )     Sep-02-08 15:16 PDT     11
Response from Ebay:

Thank you for submitting your merchant processing statement to eBay.

I have completed our review, but was unable to confirm the statement provided because Authorize.net is a payment gateway service and not a direct processor.

In order to list on eBay using the merchant credit card payment option, you will need to provide proof of a merchant credit card account with a
processor that is a recognized ISO or MSP associated with a bank or financial institution.

- What is an ISO/MSP (Independent Sales Organization / Member Service
Provider)?

An ISO/MSP Is a company that works on behalf of a bank to set up and
manage merchant accounts.

To list items on eBay using merchant credit card, please provide the
following:

- a valid copy of your most recent merchant processing statement from a
bank/financial institution or is from an ISO/MSP.

Fax this information to (408) 904-7387.

- If you are unable to obtain a statement in a timely manner, you can
also provide the contact details for the agent that is responsible for
your merchant credit card account through that processor. Please include
their phone number AND extension so that we may verify directly. You can
provide this information in an email instead of a fax if you like.

While we confirm your merchant credit card statement, you can continue
listing items on eBay with PayPal as the payment method. More
information about Selecting Payment Methods You'll Accept can be found
at the following link:

http://pages.ebay.com/help/sell/payment-method-accepted.html

Thank you for your time.

Sincerely,
Wally

eBay Fraud Prevention

It is my Wells Fargo bank information they are wanting, as Wells Fargo is the bank that funds my transactions through Auth.net. This is completely insane!!

sand****  (3441 )     Sep-02-08 15:20 PDT     12
ddh do you think they want eonlinedata's contact information?

ddh_****  (1307 )     Sep-02-08 15:27 PDT     13
To be honest, I don't think they know what they want. I don't get any kind of monthly statement from Wells Fargo because I use their online reporting. So, I generated a monthly transaction summary for the last month, and e-mailed that to them, along with my Internet Merchant Account Number, and the contact information for Wells Fargo.
I honestly don't think this will be enough. I think they will continue requesting more information so I give up and just offer Paypal as a payment method. This is their way of ensuring that happens.

sand****  (3441 )     Sep-02-08 16:04 PDT     14
ddh favors I contacted Authorizenet's Live Help and you are correct. Use the statements that AuthorizeNet sends to determine which bank. (I am off to go look at my statements. I don't even know which bank I am affiliated with. That's sad too.)

ddh_****  (1307 )     Sep-02-08 16:12 PDT     15
When I first applied for an account with auth.net, I was contacted by a Wells Fargo rep, and it was Wells Fargo who checked my credit. Back in March, they split all of the services, and I received a welcome e-mail from Wells Fargo, that contained a Wells Fargo merchant ID. I am assuming this is the information they want.
This is all so silly at this point. If they had the integration complete, it would be one thing. But they don't need the information right now.

chop****  (2780 )     Sep-02-08 16:17 PDT     16
ebay accepts faxes?
hmmmm

Woot!

.

.

micro_merchant  (0 )     Sep-02-08 19:34 PDT     17
eBay is demanding more information than is required to accomplish eBay's stated goal. eBay only wants verification that the seller indeed has a merchant account.

So eBay can buy an item from this seller and pay by credit card. The charge will bear a transaction ID won't it? If not, then ebay can specify a secret shipping address (12345 Road to Hail, Box 1899546374456338). The seller reads bac the secret code and confirmation done.

But this isn't what eBay wants, is it.

micromerchant
"A Name Is a Link"SM

ddh_****  (1307 )     Sep-02-08 21:15 PDT     18
eBay is demanding more information than is required to accomplish eBay's stated goal.
You can say that again. I'm waiting for their request that I surrender my first born in order to sell here. She's a pre-teen, and full of attitude, so I'm not sure they will like what they get.
I am still waiting on a response to the latest information I faxed to them, so we'll see what happens.

micro_merchant  (0 )     Sep-02-08 22:26 PDT     19
At some point the demands become coercive. Coersion to use PayPal at the exclusion of others. And it becomes unlawful.

Are we there yet?

micromerchant
"A Name Is a Link"SM

mini****  (994 )     Sep-03-08 07:18 PDT     20
Chop sees the possibilities...good call chop.

/*

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From eBay Welcome to the 8/20 Announcements Discussion Forum - Clarification on using your own merchant account in eBay checkout

"The processor for your internet merchant account may require you to notify them of the addition of the Payflow gateway."  [email protected]

Verification that eBay intends to force ALL Merchant Account processing through eBay's PayPal owned Payflow gateway. 

All an eBay seller needs to do to use PayPal Payflow, is to hand over to eBay the seller's Merchant Account number and password.  And trust them with it.

Free for now, but based on past actions expect eBay/PayPal/Payflow to charge 2% to 3% per transaction later.

"Yesterday and today, our technical team contacted the top credit card processors (who account for over 80% of card volume in the US)"  [email protected]

Translation: PayPal's technical team contacted PayPal (24% 2007), ProPay, and a few credit card processors.

//
//
//

http://workshops.ebay.com/thread.jspa?threadID=13000000408&tstart=40&mod=1219440389051

Clarification on using your own merchant account in eBay checkout

monroe@paypal.com View     Aug-21-08 15:09 PDT
Hi everybody,

This is Monroe Labouisse, Director of North America Marketplaces at PayPal. I'm writing on behalf of John McDonald, Senior Director of Trust & Safety at eBay, as well.

There are several threads on this board with lots of good questions about using merchant accounts in eBay checkout, the Payflow gateway, etc. Thank you for all of your input, concerns, questions. They're very helpful to us.

Let me start by reiterating eBay's goal: to enable direct credit and debit card payments to a seller's internet merchant account through eBay checkout. The end-goal is simple: buyers do not have to go off the eBay site to pay directly with their credit or debit card.

The plan that we announced yesterday is that sellers with internet merchant accounts can in January 2009 connect that account to eBay checkout via the Payflow Payment Gateway. Note two things: 1) an internet merchant account may be different than the merchant account that you use to process payments in a physical store (check with your merchant account provider), and 2) the Payflow Payment Gateway connection to eBay checkout will be a FREE service for eBay seller for their eBay transactions.

You've asked lots of good questions about the details of this plan, and it's difficult for us to provide all the answers to you through this forum. It's also the case that we don't have all the answers to your questions right now.

But please remember this improvement to eBay checkout is still nearly 5 months away, and until then, you can continue to process direct credit and debit card payments as you do now. We will be providing you with a lot more information (on the site, through online workshops, with the help of customer support, etc.) in the future when we get closer to the time you can integrate your internet merchant account directly into eBay checkout. We would appreciate any and all suggestions you have on how to provide you more information through other channels.

In the meantime, thank you for your patience. Bear with us while we answer your questions as best we can, and keep an eye out for more from us this fall on our plans to integrate direct credit and debit card payments into eBay checkout.

Regards,
Monroe

//

[email protected]         Aug-22-08 12:24 PDT       18 of 20
lisasopinion,

I'm not ignoring you. I just didn't have any new information for you, and I have been posting to other boards as well. I do now have good news for you, however.

Yesterday and today, our technical team contacted the top credit card processors (who account for over 80% of card volume in the US) and verified that it is possible to have one internet merchant account (IMA) connect with more than one gateway. So, you should be able to use two gateways (for example, Authorize.net & Payflow) with one IMA.

The processor for your internet merchant account may require you to notify them of the addition of the Payflow gateway. We recommend that you check with your IMA provider (in most cases, this is your bank) to verify if additional steps are needed.

This is from our technical team: "In most cases, the bank will provide the merchant with an alternate account identifier. This should be free."

Finally, to repeat what I said above ... this improvement to eBay checkout is still nearly 5 months away, and until then, you can continue to process direct credit and debit card payments as you do now. We will be providing you with a lot more information (on the site, through online workshops, with the help of customer support, etc.) in the future when we get closer to the time you can integrate your internet merchant account directly into eBay checkout.

Hope this helps

Monroe

/*

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From eBay Welcome to the 8/20 Announcements Discussion Forum - Merchant Account question - not online

The PayFlow Payment Gateway (https://www.paypal.com/cgi-bin/webscr?cmd=_payflow-gateway-overview-outside) is a payment through PayPal and NOT through a seller's Merchant Account gateway.

Please note that PayPal (through PayFlow) will be handling Merchant Accounts, and a PayPal Employee ([email protected]) and not an eBay Employee is answering questions about non-PayPal Merchant Accounts.  A rather severe conflict of interest.

This combination of payment through PayPal, PayFlow (PayPal), and ProPay (eBay is reported to own a piece) is best known as a (United States) Sherman Anti-Trust violation.

//

http://workshops.ebay.com/thread.jspa?threadID=13000000295&tstart=0&mod=1219360247072
Merchant Account question - not online

popp***  (99 )      Aug-21-08 09:16 PDT
Our Selling Account has been on Ebay since 1996 when it was Auctionweb, 10,500+ FB w/only 1 neg.

We have a small business and do have a merchant account for Mastercard & Visa which we process manually over the telephone for each and every transaction.

Will this method be acceptable? We technically qualify since we accept Mastercard & Visa. I am wondering if one of the requirements is that ebay has to process the transaction for us ..... which in our case is not possible.

Our bank is small and does not offer Internet processing.

11 replies     Date posted     Reply #

popp***  (99 )      Aug-21-08 09:40 PDT     1 of 11
An answer would be appreciated:

1. Will manual credit card processing be allowed?

A lot of older folks prefer calling in their information knowing that it is processed personally.

Not all small businesses ... or older folks .. trust putting all this information on the Internet

[email protected]      Aug-21-08 10:16 PDT     2 of 11
poppad,

It will not be a violation of the policy to take credit card payments from customers who call in their information.

That said, encouraging buyers to do that is not what we want sellers to do either. It is safer, and more convenient, for a buyer to complete the transaction on the site because we will then have a record of the payment, which we need from the buyer in the event of a dispute.

However, if a buyer does not trust putting their credit card information online and asks you to be allowed to call it in, that's OK.

By the way, it is also possible to take PayPal payments over the phone through a PayPal product called Virtual Terminal. You can find out more about it here: https://www.paypal.com/us/cgi-bin/webscr?cmd=_vt_hub-outside

Regards,
Monroe

[email protected]      Aug-21-08 10:19 PDT     3 of 11
Sorry, meant to add: I would also encourage you to contact your merchant account provider to talk to them about enabling your merchant account for online payments, if it isn't already. That way, you can also receive payments to your merchant account online and not just over the phone.

Of course, I would also encourage you to contact PayPal. We can handle your processing needs for online payments, including direct credit card processing :)

Monroe

tekg***  (23926 )      Aug-21-08 10:37 PDT     4 of 11
What kind of integration will eBay provide (besides ProPay) for sellers that have merchant accounts already? I want integration with Authorize.Net payment gateway as part of the eBay Checkout flow.
_______
Mr Sun @ TekGems: via vt6421a

popp***  (99 )      Aug-21-08 10:45 PDT     5 of 11
Thank you for the response.

However, I do not understand why we must incur additional costs to take Mastercard & Visa through these gateways when we already have taken them for 10 years w/o a chargeback or problem?

Our rates w/our bank are very low .. they haven't changed in 10 years ..

It seems to me that to go the Paypal route would cost a great deal more.

pers***  (7050 ) View Listings | Report     Aug-21-08 10:47 PDT     6 of 11
Will PP VT now be tied in automatically with this new checkout system?

I sell to some countries where PP is not an option, and my buyers call me with their CC info. Will they now be able to input this into the new checkout and have it processed through PP's VT?

Roxane

Please read my Guide!

[email protected]      Aug-21-08 11:33 PDT     7 of 11
tekgems and poppad,

eBay plans to integrate sellers’ internet merchant accounts into eBay checkout through the Payflow Payment Gateway. This will be a FREE service for eBay sellers. Normal fees to set up a Payflow Payment Gateway account will be waived.

It is NOT our intent for you to switch from your current gateway provider in order to use this free service on eBay. It is our understanding that your credit card processor would enable you to connect your internet merchant account to the Payflow Gateway for eBay sales, and to your current gateway for your website sales.

If it is your understanding that your internet merchant account cannot be set up to connect to two gateways, then please let me know. Please contact your merchant account provider to clarify first. It may be that your account specifications need to be adjusted. We have technical support available at Payflow to help as well.

Thanks
Monroe

[email protected]      Aug-21-08 11:39 PDT     8 of 11
personal*touch,

Buyers who don't have a PayPal account can, today and in the future, enter their credit card details into eBay checkout directly and the payment can come to you through your PayPal account. There is no setting change you need to make. You don't need to use VT. Just accept PayPal.

Here is an answer I put on the eBay Ink blog:

PayPal is available to buyers in 190 countries around the world, so it should accomodate virtually all of your international sales. You can find the list of countries here:
https://www.paypal.com/us/cgi-bin/webscr?cmd=_display-approved-signup-countries-outside

If you encounter a buyer from a country other than those 190, and the buyer does not have a PayPal account, then I would suggest you ask them to pay directly with a credit card. They can do that through your internet merchant account if you have one, or they can do it if you offer PayPal. Buyers without PayPal accounts can pay you via PayPal simply by entering their credit card details into eBay checkout.

Regards,
Monroe

tekg***  (23926 )      Aug-21-08 11:47 PDT     9 of 11
> Buyers who don't have a PayPal account can, today and in
> the future, enter their credit card details into eBay
> checkout directly

Checkout is biased towards Paypal. Its never been agnostic about which payment method eBay prefers. This makes the buying experience very confusing. Just letting you know what I read via e-mail every day.
_______
Mr Sun @ TekGems: via vt6421a

urba***  (407 )      Aug-21-08 11:55 PDT     10 of 11
can you accept both when this new checkout system exceeds?

what I mean by that is, will the buyer be able to choose, while in checkout, if they want to use paypal or my merchant account?

and, if they use paypal, does that mean their paying with paypal fund only and if they choose my merchant account, it'll be credit card.

what I'm trying to figure out is, right now a buyer can choose paypal for credit card payment or from paypal funds.

how will this work with a merchant account and paypal being offered in the lsiting during checkout?

thanks

tekg***  (23926 ) ***     Aug-21-08 16:10 PDT     11 of 11
Clarification needed...

Is the Payment Gateway:
https://www.paypal.com/us/cgi-bin/webscr?cmd=_payflow-gateway-overview-outside

Payflow Pro

or

Payflow Link

???
_______
Mr Sun @ TekGems: via vt6421a

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The eBay Shopping.com Affair

The eBay Shopping.com Affair
aka "The eBay Leap Day Auction Count Affair"
aka "The eBay SDC_PROD Affair"

By Event Horizon
Ides of March Edition, 15 March 2008
Revision: 2 April 2008 00:01 HST

"It's always difficult to keep personal prejudice out of a thing like this. And wherever you run into it, prejudice always obscures the truth. I don't really know what the truth is. I don't suppose anybody will ever really know."
Juror #8, Twelve Angry Men (1957)  

The Leap Day weekend brought with it an extra day of buy and selling on eBay. It also ushered in an interesting event. A number of listings from Shopping.com, an eBay company, ended up on eBay.com. Counted in the hundreds of thousands these product listings were viewable on eBay.com, but not buyable.

In short an event that AuctionBytes would characterize as eBay Mystery Listings.

This was an event that had ample room for opinions. Aside from the fact that the average eBay buyer could not buy these products, there was the question of did these listings affect the auction counts? An important question as eBay provides those listing counts in their many reports to the U.S. Securities and Exchange Commission.

Opinions ranged from an eBay Forum poster describing the event as "Ebay is padding their listings", to Randy Smythe of My Blog Utopia! stating "this padding of listings is a non-starter."

All this would definitely pique the curiosity of anyone interested in eBay. For about 5 seconds. Because all the relevant data is spread across Google, or deleted, archived, horded, and just plain not in one place for quick perusal. End 5 seconds.

We're going to attempt to put a smidgen of all that happened in this article. And over time expand the article slightly to accommodate new found pieces.

Before we begin, changing the subject slightly, you're wondering why the style of the title sounds oddly familiar? We were inspired by eBay, with their one mini-smidgen contribution.

• "Agent Sent Message", ebay Customer Service, 1 March 2008

Cue theme. Run introduction. Roll article.

 

Prologue. Internet transations are perishable and human memories short.

"people simply remember a version of events which makes as much sense as they require it to make"
Douglas Adams, Dirk Gently's Holistic Detective Agency (1987)

This article should not be considered a complete rendering of the Leap Day (2/29/2008) weekend events or a tome with all the available data. It is meant to give a relatively quick overview of the situation, and provide leads for those who wish to pursue more in depth study.

 

I. How many listings were involved?

"It was an accident" Captain James Kirk
"You seem to have a lot of them." Captain John Christopher
Star Trek, Tomorrow Is Yesterday (26 January 1967)

Do Listing Counts Matter?

Let's start with the simple matter of, does it matter at all? The answer is, Yes.

Listing counts are important to eBay, as the figures are reported to the U.S. Securities and Exchange Commission.

Reference the "23-Jan-2008" "Form 8-K for EBAY INC" "Results of Operations and Financial Condition, Financial Statements and Exhibits" report.

• In the "Unaudited eBay Marketplaces Supplemental Operating Data" section is "Number of New Listings (2)" with the definition "(2) Listings on eBay Marketplaces trading platforms during the quarter, regardless of whether the listing subsequently closed successfully."

Listing counts are important to eBay, as they are mentioned in the report to the U.S. Securities and Exchange Commission.

Reference the "29-Feb-2008" "Form 10-K for EBAY INC" "Annual Report".

• In the "Key Operating Metrics and Financial Information" section (emphasis ours) eBay states , "Members of our senior management team regularly review key operating metrics such as active users, listings".
• Further, "These financial measures allow us to monitor the profitability of our business and to evaluate the effectiveness of investments that we have made (and continue to make) in the areas of marketing, product development, international expansion, customer support and site operations. We believe that an understanding of these key operating and financial measures and how they change over time is important to investors, analysts and other parties analyzing our business results and future market opportunities."
• In the "Financial Summary" section (emphasis ours) eBay states, "we face challenges in the U.S., U.K. and Germany, which are our three largest markets, as growth of listings, active users and GMV on the eBay.com platform in those countries has slowed."
• In the "Results of Operations" section eBay has the metric "Number of listings (3)" with the definition of the metric being "(3) Listings on eBay Marketplaces trading platforms during the period, regardless of whether the listing subsequently closed successfully."

The fact that eBay has the subject of "listings" in their official reports, belies pundits claims that the listing counts are of no concern.

Those who proffer the specious argument that the amounts involved are small and therefore inconsequential, must not deal often in large real world real time computer systems. Let's propose the scenario that someone or some group accidentally dumps a quarter million to a half million database TEST records into a PRODUCTION system. This same person or group then tells people in authority nonsense such as 'it's 35 thousand Usher'.

This is what those people would hear in the real world:

• "You're Fired!", Donald Trump

 

eBay's official position on the number of listings.

• eBay - Listings erroneously placed on eBay.com: 35,000

"An eBay spokesman told PC Magazine at the time that 5,000 shopping.com listings were erroneously placed on ebay.com. After sellers expressed doubt about that number in the comments section, eBay was asked to again confirm that it was indeed 5,000. The same spokesman responded Friday that he had originally told PC Magazine that eBay pulled 35,000 listings, but a review of the interview confirmed that he said 5,000."
PC Magazine, 10 March 2008

• 4 March 2008 - "5,000 shopping.com listings were erroneously placed on ebay.com"
• 7 March 2008 - "eBay pulled 35,000 listings"
• 10 March 200 - "a review of the interview confirmed that he said 5,000"

{eBay, Usher} "Lieberman said fewer than 35,000 listings were affected by the glitch".
AuctionBytes, 5 March 2008

Usher Lieberman is eBay's Spokesman, and is not an integral part of eBay's programming departments. He reports to the press what he's told.  In the matter of contradictory statements or "false and misleading statements to the press" [SEC], the original source of the "5,000" and "35,000" counts should be investigated.

 

Our research regarding the listing counts during the February 29th Leap Day weekend. 

• Total Listings, Hard Count: 
  • 161,358 to 192,966 (161,358 + 31,608) to 241,368 (161,358  + 80,000)
• Total Listings, Soft Count:
  • 271,280 to 302,888 (271,280 + 31,608) to 351,280 (271,280 + 80,000) 
• Estimated Listings Count: 500,000 (rounded)

Total Listings Hard Count Methodology.

The "Hard Count" represents the total number of auction listings confirmed by screen shots, archives, and reported by AuctionBytes. In theory the Hard Count should equal or be close to the Soft Count. But in practice it is not an easy task to collect hard evidence, from multiple witnesses, after the fact.

The  31,608 figure derives from the AuctionBytes observation that "indicated the seller had over 80,000 listings on eBay.com."

AuctionBytes does not reveal the identity of that seller. Making it possible that the seller with "80,000" items is part of the list of observed sellers. The 31,608 figure is derived from taking "80,000" and subtracting the largest listing count reported, which is 48,392. In this way listing counts are not added in twice.

In other words, if the seller with item count of "48,392" (part of the observed list of sellers) actually has "80,000" items, the total should be 161,358 + 31,608. The  31,608 being the uncounted part of the "80,000" (80,000 - 48,392). The 31,608 can increase to a maximum of 80,000, depending on who the seller is or is not.

For instance in the case of this seller not being on the reported list of 14 sellers, the soft count would be 161,358 plus  80,000 or 241,368.

There is also the case of the count from AuctionBytes being completely wrong; 0 items.

The Hard Count ranges from a minimum of 161,358 items, to a maximum of 241,368 items.

Total Listings Soft Count Methodology.

The "Soft Count" represents the total number of auction listings reported, but not necessarily verified by screen captures, etc.. The figure of 271,280 is the lower limit of those reported observations. As in the Hard Count, the 31,608 figure derives from the AuctionBytes observation that "indicated the seller had over 80,000 listings on eBay.com."

The observed Soft Count ranges from a minimum of 271,280 items, to a maximum of 351,280 items.

Estimated Listing Count Methodology.

Using the Medved "EBay Auction Counts: February 24, 2008 to March 1, 2008" chart, an estimate can be made as to the number of listings removed.

eBay stipulated two things:

• That the problem started "Friday night".
• That by March 2nd the "system issue has been resolved", i.e. the "accidental" listings were completely removed.

Logically we're looking for an increase and subsequent rapid decrease of at least 161,358 (Hard Count) listings and up to 351,280 (Soft Count), during the weekend time frame.

As it turns out there is just such an occurrence. There is an auction count spike in the auction count beginning at about the "2/29" (09:00 PM PST, Midnight EST) line and ending at about the "3/2" (09:00 PM PST, Midnight EST) line. From a graphing standpoint this increase conveniently begins after a relatively flat period of auction listings.

That would be approximately 13,900,000 (peak) - 13,400,000 (base) = 500,000 listings

• 13,393,000 28-FEB-2008 04:30 AM PST, 07:30 AM EST. Initial low point;   base.
• 13,910,000 29-FEB-2008 10:00 AM PST, 01:00 PM EST. Peak
• 13,454,000 01-MAR-2008 07:00 PM PST, 10:00 PM EST. Lowest point of the   day.
• 13,410,000 02-MAR-2008 02:32 PM PST, 05:32 PM EST. eBay announces "system issue has been resolved".
• 13,333,000 02-MAR-2008 08:00 PM PST, 11:00 PM EST. Lowest point of the day and weekend.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

Using Randy Smythe's 13.5 million average daily auction listings as a measure, the half-a-million auction listings represents 3.7% of the daily total. A significant amount as far as the report by eBay's Accountants to the U.S. Securities and Exchange Commission is concerned.

Is There More?

The question arises, were there more "test" listings. Our answer is, you are free to ponder this question.

But think about this. eBay held a listing special beginning on March 1st. Historically auction counts rise during a listing special. Typically a million or more. How many listings would have to be removed to not only negate the expected listing count increase, but cause the count to fall?

And ponder this too. As a matter of good business, eBay does put back listings removed in error. Such an increase due to putting back deleted listings would show up much later on Medved ("EBay Auction Counts: March 2, 2008 to March 8, 2008"). Abet buried in subsequent listing specials and promotions.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

eBay's 2008 Q1 (1st Quarter, January 01 to March 31) report to the U.S. Security and Exchange Commission should be interesting.

 

II. SDC_PROD Seller List and Counts

"The world isn't run by weapons anymore, or energy, or money. It's run by little ones and zeroes, little bits of data. It's all just electrons." Cosmo, Sneakers (1992)

We believe that none of the Shopping.com sellers were aware their items were being transferred to eBay.com. As stipulated by eBay,  "Shopping.com listings appeared accidentally on eBay.com". It would be an interesting exercise to find out if the involved Shopping.com sellers were billed eBay.com listing fees at the time, and then credited afterwards.

 

SDC_PROD Seller List

This is a list of the fourteen (14) "sdc_prod" (shopping dot com) seller accounts that were located and reported, 29 February to 1 March 2008. Plus additional sdc_prod sellers that were located post event.

This list contains:

• A brief description of the seller.
• A link to the seller's eBay.com Feedback page.
• A link to the current number of items by the sdc_prod seller.
• A link to search Google for the specific sellers.
  • That link can help you perform a search of the Google archives for sdc_prod related material. Use the "repeat the search with the omitted results included" option to maximize the available data.
  • On Google links to eBay.com or ebay.auction.co.kr use the "Cached" link to obtain the archived data.
  • Because this issue involves eBay.com, ignore eBay Express references.
  • And be quick because the Google archive cache data  is dynamic; changing from day to day. 
• The "reported listing count" of items by sdc_prod name seller on eBay.com. As reported 29 February to 1 March 2008. And where available.
• Links to screen captures of these auction counts. Where available.

The total count from the screen captures, 161,358, is evidence that eBay Spokesman Usher Lieberman  made a number of "false and misleading statements to the press" when he said on multiple occasions   that "5,000 listings" or "35,000 listings" were involved.

Time permitting, this section will be updated.

 

* sdc_prod_301013_74 
Shopping.com seller The Twister Group
Member since Oct-18-06 in Illinois, United States 

• Feedback sdc_prod_301013_74
• Products on eBay.com from sdc_prod_301013_74
• Search Google for sdc_prod_301013_74

  eBay.com reported listing count, 27,291

"27076 items found" ( LINK Google archive screen capture )
"27076 items found" ( LINK screen capture from www.suspendedfromebay.com )
"27076 items found" ( LINK screen capture from www.companyexposed.com )
"27076 items found" ( LINK screen capture from pages.suddenlink.net/docswife )

* sdc_prod_305839_99
Shopping.com seller BargainBasementBatteries
Member since Oct-30-07 in California, United States

• Feedback sdc_prod_305839_99
• Products on eBay.com from sdc_prod_305839_99
• Search Google for sdc_prod_305839_99

  eBay.com reported listing count, 56

"56 items found" ( LINK screen capture from www.giovanni666.info )

* sdc_prod_310426
Shopping.com seller ANTOnline
Member since Feb-15-08 in Georgia, United States

• Feedback sdc_prod_310426
• Products on eBay.com from sdc_prod_310426
• Search Google for sdc_prod_310426

  eBay.com reported listing count, 21,798

"21798 items found" ( LINK screen capture from www.youtube.com/watch?v=mePI-UWDGOE )
"21798 items found" ( LINK screen capture from forums.ebay.com, www.suspendedfromebay.com, Google archive )

* sdc_prod_409455_97
Shopping.com seller Sababa Shopping
Member since Jul-16-07 in New York, United States

• Feedback sdc_prod_409455_97
• Products on eBay.com from sdc_prod_409455_97
• Search Google for sdc_prod_409455_97 

  eBay.com listing reported count unavailable

* sdc_prod_434012
Shopping.com  seller SpectrumSuperStore
Member since Apr-11-07 in California, United States

• Feedback sdc_prod_434012
• Products on eBay.com from sdc_prod_434012 
• Search Google for sdc_prod_434012

  eBay.com reported listing count, 35,002

"35011 items found" ( LINK screen capture from www.giovanni666.info )
"34998 items found" ( LINK screen capture from thevirginmarypretzel )
"Up to 10,000 listings can be displayed in this view" ( LINK screen capture from www.companyexposed.com )

* sdc_prod_442675_57
Shopping.com seller Boyne & Kelly L.L.C.
Member since Oct-25-07 in New Jersey, United States

• Feedback sdc_prod_442675_57 
• Products on eBay.com from sdc_prod_442675_57 
• Search Google for sdc_prod_442675_57

  eBay.com reported listing count, 4,702

* sdc_prod_9021_2
Shopping.com seller Buy.com
Member since Feb-22-08 in California, United States

• Feedback sdc_prod_9021_2
• Products on eBay.com from sdc_prod_9021_2 
• Search Google for sdc_prod_9021_2

  eBay.com reported listing count, 12,233

"12233 items found" ( LINK screen capture from www.youtube.com/watch?v=mePI-UWDGOE )
"12233 items found" ( LINK screen capture from img255.imageshack.us )

* sdc_prod_9055
Shopping.com seller Focus Camera
Member since Oct-30-07 in New York, United States

• Feedback sdc_prod_9055 
• Products on eBay.com from sdc_prod_9055
• Search Google for sdc_prod_9055

  eBay.com reported listing count, 1,925

* sdc_prod_9074_35
Shopping.com seller pcRUSH.com
Member since Feb-28-08 in California, United States

• Feedback sdc_prod_9074_35 
• Products on eBay.com from sdc_prod_9074_35 
• Search Google for sdc_prod_9074_35

  eBay.com reported listing count, 21,401

"21481 items found" ( LINK Google archive screen capture )
860 pages, 25 items per page. 859 x 25 = 21,475 items ( LINK Google archive screen capture )
"Up to 10,000 listings can be displayed in this view" ( LINK screen capture from www.suspendedfromebay.com )

* sdc_prod_9090
Shopping.com seller CompSource Inc.
Member since Mar-26-07 in Ohio, United States

• Feedback sdc_prod_9090 
• Products on eBay.com from sdc_prod_9090 
• Search Google for sdc_prod_9090 

  eBay.com reported listing count, 32,601

"32601 items found" ( LINK Google archive screen capture )
1301 pages, 25 items per page. 1300 x 25 = 32,500 items ( LINK Google archive screen capture  )

* sdc_prod_9124_14
Shopping.com seller TheNerds, Inc.
Member since Dec-12-07 in Florida, United States

• Feedback sdc_prod_9124_14
• Products on eBay.com from sdc_prod_9124_14
• Search Google for sdc_prod_9124_14

  eBay.com reported listing count, 48,392

* sdc_prod_9352_67
Shopping.com seller Digital Foto Club
Member since May-28-07 in New York, United States

• Feedback sdc_prod_9352_67
• Products on eBay.com from sdc_prod_9352_67
• Search Google for sdc_prod_9352_67

  eBay.com reported listing count, 30,278

* sdc_prod_9391_43
Shopping.com seller Adorama
Member since Feb-22-08 in New York, United States

• Feedback sdc_prod_9391_43
• Products on eBay.com from sdc_prod_9391_43
• Search Google for sdc_prod_9391_43

  eBay.com reported listing count, 11,102

"11102 items found" ( LINK Google archive screen capture )

* sdc_prod_9452
Shopping.com seller eTronics, Inc.
Member since Jul-25-07 in New York, United States

• Feedback sdc_prod_9452 
• Products on eBay.com from sdc_prod_9452 
• Search Google for sdc_prod_9452 

  eBay.com reported listing count, 24,499

* sdc_prod_90076
Shopping.com seller OnlineSports, Inc.
Member since Nov-13-06 in California, United States

• Feedback sdc_prod_90076
• Products on eBay.com from sdc_prod_90076
• Search Google for sdc_prod_90076

  eBay.com reported listing count, UNKNOWN

III. What Happened?

"Never underestimate the power of human stupidity."
Robert Heinlein, Time Enough For Love (1973)

There are two basic explanations.

1. eBay deliberately elevated auction counts, in effect producing "materially false and misleading statements" to improve their stock price. U.S. Securities and Exchange Commission violation. A simple plan based on the simple but stupid premise that 'no one will find this.' Orange jumpsuits all around.
2. Human (Computer) Error. A cadre of programmers are allowed to run large scale tests on a live system. And goofed.
 

We had planned to explore and write about each possibility, but we'll leave that for another time.

IV. "THIS IS NOT AN EBAY LISTING"

"Those who cannot remember the past are condemned to repeat it."
George Santayana, The Life of Reason (1905)

Event Timeframe

Like many incidents, there are events that lead up to it, follow it, are associated with it, or simply happen in the same time frame.

Here is a short chronology of those occurrences.

 

== 2007 ==

.

February 2007

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time.

.

9 March 2007

Are Ebay's Listing Numbers Inflated by Fraud?
03/09/2007 08:31 PM                  ID: 60834

Ebay Inc's (NASDAQ:EBAY) listing numbers have demonstrated dramatic volatility during the 'Vladuz' security scare. Some Ebay users have suggested that the millions of fraudulent listings are significantly inflating Ebay's listing numbers.

In response, an Ebay spokesperson claims: "there just isn't enough information there to tie the swings in listings that they show to any one cause". They declined to comment as to the number of accounts that may have been compromised.

It is also suggested that Medved's calculations for Ebay's total of listing numbers are overestimated too. As the Ebay spokesperson confirms, the Medved statistics used to quantify Ebay's listing numbers "far exceed our real activity in this area".

Source: www.theregister.co.uk

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time.

 

== 2008 ==

.

13 February 2008

"February 13th, insertion fees for all auction-style and fixed price listings will be only 20 cents!"
Stephanie Tilenius, General Manager for eBay North America

"20¢ Auction-style and Fixed Price listing fees" (eBay)

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time.

.

20 February 2008

Start of eBay Policy changes and media fee cut.

*** A Message from Bill Cobb - New Pricing and Other News ***
General Announcements
January 29, 2008 | 05:59 AM PST/PT

***A Message from Lorrie Norrington – New Media Category Pricing Effective February 20***
"I am pleased to announce we are accelerating our plan to phase-in category-specific pricing for media. This fee cut will coincide with the site-wide pricing changes previously announced to take effect on February 20." 
Lorrie Norrington, President of eBay Global Marketplace Operations, February 11, 2008 | 10:01AM PST/PT

.

20 February 2008

Regarding the events of February 20th.

"The bug was related to the gallery feature that allows users to place a small photo of their item on the initial search returns page, a spokesman said. EBay traditionally charged 35 cents to include a gallery photo, but as part of the policy changes that went into effect February 20, they are now free of charge.
However, "the code actually rolled out three hours late, so there were a certain number of listings ... that didn't get gallery free"
Usher Lieberman eBay Spokesman to PC Magazine, 4 March 2008

• It is unclear from the PC Magazine article, if the "bug" was implemented on February 20th, the day of the "policy changes", or on February 29th.

 

.

20 February 2008

"the bug first emerged on Friday"
"But it wasn't a test. It ended up being a bug," Usher Lieberman 
Usher Lieberman eBay Spokesman to PC Magazine, 4 March 2008

Despite Usher Lieberman's assertion that the "bug" happened on February 29th, there is evidence showing sdc_prod products appearing before the 29th.

While there are reports of sdc_prod listings appearing as early as December 2007, the earliest evidence of a "bug" is 20 February 2008.

Samples of a Shopping.com listings inserted onto eBay.com.

"Items for sale by sdc_prod_310426"
"Time listed" "Feb-20 15:49"

.

22 February 2008

Samples of a Shopping.com listings inserted onto eBay.com.

"Items for sale by sdc_prod_409455_97"
"Time listed" "Feb-22 10:22"

Google archive - February 29, 2008 16:37:41 GMT
Seller sdc_prod_434012, item number 320199419130, 30 day auction listing. Seller has no 30 day store. Start date February 22nd
"eBay (item 320199419130 end time March-22-08 06:45:06 PDT)" screen shot.

.

23 February 2008

Sample of a Shopping.com listing inserted onto eBay.com.

Listings on eBay.com are accessible on eBay International sites, such as eBay South Korea (ebay.auction.co.kr).

Google archive - Feb 29, 2008 22:42:51 GMT
Seller sdc_prod_310426, item number 120225811907. Start date February 23rd.
Time remaining on 30 day listing, 23 days 3 hours 35 minutes 46 seconds, screen shot

.

23 February 2008
05:49 AM PST

redsbe  (Private ) Feb-23-08 05:49 PST 1 of 33

When I search ebay or via google for test listings I only find a few hundred yet total ebay listings are now running at or above Feb 12th numbers of 12.4 m (before 20 cent listings and boycott) so I fail to see the importance of test listings in inflating numbers.

.

27 February 2008
06:04:36 PM PST

PayPal and eBay Pay Shoppers to Shop 
AuctionBytes
By: Ina Steiner
Wed Feb 27 2008 18:04:36

.

28 February 2008
04:30 PM PST, 7:30 PM EST (Eastern Standard Time)

eBay Auction count at lowest point of the day; 13,393,000 items.

Coincidentally, or not, at about the time many of eBay's employees head for home, the auction count begins to rise. Did some programmer turn something on, and leave for the day, intending to check on the code's progress the following morning?

Auction count rises to 13,405,000 by 07:30 PST, 10:30 EST.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time.

.

28 February 2008
09:00:01 PM PST, 12:00:01 AM 29 February EST (Eastern Standard Time).

Medved "EBay Auction Counts" approximately 13,425,000 items. First count on the February 29th chart.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

.

28 February 2008
11:59:59 PM PST

 "eBay is running a marketing campaign to encourage buyers to shop on its site by offering them coupons. One buyer sent AuctionBytes a coupon he had received (pictured) that offered $5 toward shipping on any one item. Part of the terms and conditions follows:

This Offer is valid only when you pay with, and seller accepts, PayPal. This Offer is intended for the recipient whose eBay User ID is printed on the Offer and purchase must be made on eBay.com with that eBay User ID. This Offer is not transferable.

This Offer is for one-time use. It may only be redeemed on the total shipping cost of an item or items on one purchase from a single seller, using a single method of shipping and single currency, in a single transaction. This Offer expires February 28, 2008 at 11:59:59 PM (PST)."
AuctionBytes, Wed Feb 27 2008 18:04:36

.
29 February 2008
04:23 AM PST

eBay Developer's Program
eBay Developer Forums > Technical Questions: eBay Shopping Web Services
Exclude Sellers Issue

Re: ExcludeSellers Issue
Posted: Feb 29, 2008 4:23 AM
"Because of the wide variety of searches that we do, we could easily use 200 to 400 ID's. 500 would be a good number for us."
stsi.com

The above statement is in response to the earlier part of the thread:

ExcludeSellers Issue
Posted: Jan 10, 2008 11:40 AM
Is there a limit on the number of Excluded Sellers that can be specified in a GetSearchResults call? I have several excluded sellers that keep returning search results. I have checked the XML for the call, and it looks correct.

Also, is it a problem if entries are duplicated? (I will be correcting this in any event.)

Thanks.
stsi.com

Re: ExcludeSellers Issue
Posted: Jan 10, 2008 12:12 PM
After further research, it looks like there is a limit of 100 excluded sellers. Can this limit be raised?
stsi.com

Re: ExcludeSellers Issue
Posted: Jan 14, 2008 3:42 PM
"Yes the limit is 100, which most users have found sufficient for their use case. How many IDs do you have?"
Rekha Patel, [email protected], eBay Developer Support, 11 January 2008

Re: ExcludeSellers Issue
Feb 29, 2008 4:27 AM
"Also, is it possible to use wildcards for excluded sellers? For example, I'd like to exclude the various iterations of sdc_prod_*, instead of having to type in all the numbers that this seller uses...."
stsi.com

.
29 February 2008
10:00 AM PST, 01:00 PM Eastern Standard Time

Medved "EBay Auction Counts" reaches maximum for the day of approximately 13,900,000 items. The
previous low count was 13,393,000 items on February 28th at 04:30 PM PST, 7:30 EST. An increase of about half-a-million listings in 16.5 hours.

Coincidentally, or not, during the time many of eBay's employees show up at work, the auction count abruptly stops rising.

One scenario:

• 07:00AM (10:00AM EST) - Programmers apply brakes to sdc_prod application.
• 08:30AM (11:30AM EST) - Or so they thought, sdc_prod application continues to add listings.
• 10:00AM (13:00AM EST) - Management puts  brakes to sdc_prod. Programmer grunts delete sdc_prod listings.

A case could be made that by 10AM eBay applied working corrective action on the sdc_prod listing problem. Because at this point the auction count drops.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

.
29 February 2008
01:00 PM PST, 04:00 PM Eastern Standard Time

Medved "EBay Auction Counts" drops slightly approximately 13,875,000 items, from 13,900,000 items. Last count of the February 29th chart.

.

29 February 2008

Regarding the events of "Friday night" 29 February 2008.

eBay's statements:

1) "a "bug" in its system had accidentally placed listings from eBay-owned shopping.com onto eBay.com late Friday night."
However, "the code actually rolled out three hours late, so there were a certain number of listings ... that didn't get gallery free, so we were going back and fixing that" on Friday, the spokesman said. "What happened was, when we wrote the code to implement that fix in the database table, there was a string that was left on there that populated and sent shopping.com listings onto ebay.com that it shouldn't have."
Approximately 5,000 listings were pulled from shopping.com, but they have since been removed, according to eBay."
PC Magazine, 4 March 2008

2) "eBay spokesperson Usher Lieberman initially told AuctionBytes they appeared due to a test, but on Monday, said he was incorrect and that the listings were the result of a glitch.
On Tuesday, Lieberman explained the nature of the glitch. Programmers rolled out code on Friday evening that was meant to credit certain listings that were eligible for free Gallery. The credit was due to them because eBay had promised sellers Gallery would be free for listings started at a certain time of day, and the code had been rolled out 3 hours past the deadline.
Lieberman said the programmers inadvertently caused the Shopping.com listings to appear on eBay.com when it created and launched the script to credit the sellers' accounts for Gallery fees.
Lieberman said fewer than 35,000 listings were affected by the glitch."
AuctionBytes, 5 March 2008

3) "An eBay spokesman told PC Magazine at the time that 5,000 shopping.com listings were erroneously placed on ebay.com. After sellers expressed doubt about that number in the comments section, eBay was asked to again confirm that it was indeed 5,000. The same spokesman responded Friday that he had originally told PC Magazine that eBay pulled 35,000 listings, but a review of the interview confirmed that he said 5,000."
PC Magazine, 10 March 2008

4) "Editor's Note: The eBay spokesman confirmed Monday that the number of postings pulled from shopping.com was indeed 35,000."
PC Magazine, 10 March 2008

.
29 February 2008
06:41 PM PST

First responders to Shopping.com listing anomaly.

By this time, the Medved "EBay Auction Counts" are somewhere between 13,875,000 listings (29 February 2008 01:00 PM PST) and 13,502,000 listings (1 March 2008 08:30 AM PST). "Between" as the Medved chart is blank between those times.

A possible scenario would be that eBay has been deleting listings since 10:00 AM; at least 8 hours. Or we should say an eBay application has been deleting sdc_prod listings.

eBay's March 1st Listing Special begins in 5 hours 19 minutes.

eBay user comments, edited.

mm*mc (154)  Feb-29-08 18:41 PST

Look at this 35000 listings never sold anything these look funny to me. Let me know what you think check this out. 320199384960

neverstopsworking (127) Feb-29-08 18:49 PST

WOW!!

Did you Notice You CAN'T Bid on Any Of Them, You can Only Watch Them and They're listed for at least 21 more days??

.

29 February 2008
07:25 PM PST

Referenced by PC Magazine article.

mydiscountstation  (921 )        Feb-29-08 19:25 PST

http://search.ebay.com/_W0QQsassZsdc_prod_434012

is e-bay padding their "listings" numbers?

This guy has over 35000 items. And there is no button for a buy it now and no button for making a bid.

interesting

.

29 February 2008
08:56 PM PST

eBay user comments, edited.

cmiprch  (1732 )        Feb-29-08 20:56 PST       44 of 418

That sounds more like a hack, to me.

Sounds more like a conspiracy to me. 30 of these kinds of ID's with 35K listings is 1M items. Imagine the kind of volume drop you can hide with 30, 60 or 90 or whatever number of these IDs.

cmiprch  (1732 )       Feb-29-08 21:19 PST       48 of 418

So "sdc" = shopping dot com?

Nice listings boost if eBay injected everything on shopping.com

.

29 February 2008
09:29 PM PST

Referenced by PC Magazine article.

monkey_business304  (0 )  Feb-29-08 21:29 PST

I have been collecting all ebay's padded listings and forwarding them to the FTC so they will investigate them.
Everything you can do will help.They should not get away with the crap they are doing.Im going to do my best to make sure they dont.

windorphin  (31 )  Feb-29-08 21:40 PST  4 of 273

Don't waste your time. They aren't fake listings. They are your replacements. They're bringing in the big guns now. Huge retailers to compete with.

.

29 February 2008
10:25 PM PST

eBay user comments, edited.

moopy_inc  (5562 )  Feb-29-08 22:25 PST 240 of 516

you would think they would at least use different user names. SDC_prod....I guess that is easier to keep up with. SDC = shopping dot com.....brilliant. haaaaa

orange_cape_hides_me  (Private ) Feb-29-08 22:30 PST 25 of 51

I think the API developer angle is probably where the answer lies. Someone is clearly testing auction formats and listings, and these are not meant to be bid on.

.

29 February 2008
10:31:50 PM PST, 12:31:50 CST &1:31:50 AM 1 March EST

12:31:50 AM CST
"I see. Actually, this is not an eBay listing, the problem is it's a Shopping.com listing that is showing on our site by mistake."
Evan M. A., eBay Live Help Customer Service

12:32:25 AM CST
It is a current issue, yes, we have a bug on it. These are meant to be on shopping.com only but due to some reason are showing on eBay as well and can't be bought through the site."
Evan M. A., eBay Live Help Customer Service

.

29 February 2008
10:35 PM PST

eBay user comments, edited.

badmomster (Private) Feb-29-08 20:35 PST 68 of 521

It seems to me that if Ebay is boosting their numbers with bogus auctions, that's an issue for the SEC.

niruss (1979) Feb-29-08 20:36 PSST 70 of 521

Also for the stockholders and the FTC.

bosshossman1  (1 )  Feb-29-08 22:33 PST 255 of 516

We are now up to 7 Ids, Keep up the good work.
I will keep the totals coming.

sdc_prod_434012 # of listings 35002
sdc_prod_9124_14 # of listings 48395
sdc_prod_9074_35 # of listings 21401
sdc_prod_9452 # of listings 24501
sdc_prod_301013_74 # of listings 27291
sdc_prod_9352_67 # of listings 30278
sdc_ prod_ 9055 # of listings 1925

justinal  (391 )        Feb-29-08 22:45 PST       31 of 273

Just curious, exactly what FTC code violation are you reporting them for?

And the SEC? It's an auction listing, not stock manipulation.

Going crazy will not help your cause.

aenthal  (2243 )       Feb-29-08 23:04 PST       34 of 273

These bogus auctions are not a violation of anything.
EBay has a right to put anything they wish on their web servers, and they apparently wish to use space up with displays of auctions that don't exist.

krs6670  (107 )  Feb-29-08 23:12 PST 35 of 273

a trust and safety poster kind of figured it out...
sdc= shopping dot com   

Feb-29-08 23:36 PST 385 of 700

O.K. looks like ebay is pulling all the listings. All the Ids we posted have had all the auctions pulled.

vsbeauty53  (15 )  Feb-29-08 23:59 PST  17 of 421

if they had nothing to hide, they didn't need to remove those (fake) listings. they are all gone now!

.
1 March 2008

Regarding the events of Saturday 1 March 2008.

"This was a limited test that has run its course" Usher Lieberman, eBay Spokesperson
AuctionBytes, 1 March 2008 01:56:54 AM PST

"He said he had made a mistake when he called the Shopping.com listings a test on Saturday morning. He was trying to track it down and after talking to a few people, felt comfortable saying it was a test, and subsequently found out the listings had appeared accidentally. Usher said it was his fault for initially getting it wrong."
Ina Steiner, AuctionBytes, 4 March 2008 04:02:46 AM PST

"AuctionBytes looked at one Shopping.com selling account on Saturday morning, it indicated the seller had over 80,000 listings on eBay.com"
Ina Steiner, AuctionBytes, 5 March 2008

• AuctionBytes does not report this fact, "80,000 listings," for 4 days.

.

1 March 2008
12:00:01 AM PST, 3:00:01 AM Easter Standard Time

eBay listing upgrade special, "2 days only March 1-2", begins. eBay sellers can list products at reduced prices. Historically the auction counts rise significantly during these eBay specials.

***Get Gallery Plus, Value Pack, Featured Plus!, and Picture Pack at a Discount This Weekend*** 
"The promotion will start on Saturday, March 1, 2008 at 00:00:01 Pacific time (12:00 a.m. plus one second) and end on Sunday, March 2, 2008 at 23:59:59 Pacific time (11:59 p.m. plus 59 seconds)."

There is no 12:00:01 AM count per sec, as there is a gap in the record from 01:00 PM PST (04:00 PM EST) February 29th to 08:30 AM PST (11:30 AM EST) March 1st.

13,875,000 listings, 29 February 2008 01:00 PM PST (04:00 PM EST)

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

.
1 March 2008
00:02 AM PST

eBay user comments, edited.

vsbeauty53  (15 ) Mar-01-08 00:02 PST 20 of 426

look, I found this:

Here is a copy of the list again for those that missed it.
sdc_prod_434012 # of listings 35002
sdc_prod_9124_14 # of listings 48395
sdc_prod_9074_35 # of listings 21401
sdc_prod_9452 # of listings 24501
sdc_prod_301013_74 # of listings 27291
sdc_prod_9352_67 # of listings 30278
sdc_ prod_ 9055 # of listings 1925
sdc_prod_9021_2 # of listings 12233
sdc_prod_9391_43 #oflistings 11100

moopy_inc  (5562 )  Mar-01-08 00:17 PST  459 of 786

well, we all saw it, others on powersellersunite.com has seen it. I just wish these were found during the day. So many more people could have seen them.

atticcleanin  (35 ) Mar-01-08 00:25 PST  477 of 786

well should anyone need pics of id, then fb page then lisitng i think i grabbed like 4 or 5 of the 9

I got screenshots of a dozen different feedback names associated with SDC.

sdc_prod_434012 = SpectrumSuperStore
sdc_prod_9021_2 = Buy.com (who is NARU!)
sdc_prod_9124_14 = TheNerds, Inc.
sdc_prod_9452 = eTronics, Inc.
sdc_prod_409455_97 = Sababa Shopping
sdc_prod_9090 = CompSource Inc.
sdc_prod_310426 = ANTOnline (who is NARU!)
sdc_prod_9074_35 = pcRUSH.com (who is NARU!)
sdc_prod_9352_67 = Digital Foto Club
sdc_prod_301013_74 = The Twister Group
sdc_prod_305839_99 = BargainBasementBatteries
sdc_prod_9391_43 = Adorama (who is NARU!)

Since those are all unique (HA!) user IDs, we have at least 12 bogus sellers running around.

buyingcarsforfun  (80 ) Mar-01-08 01:36 PST 574 of 669

O.K. they are right back at it. I was double checking the Ids and these 4 have auctions listed again. Take a look.
sdc_prod_301013_74
sdc_prod_310426
sdc_prod_9352_67
sdc_prod_9452

.
1 March 2008
01:56:54 AM PST

Mystery Shopping.com Listings on eBay? 
By: Ina Steiner, AuctionBytes
Sat Mar 1 2008 01:56:54

Excerpt:

 
• "Mystery listings are appearing on eBay that don't allow shoppers to bid or buy. The listings appear to be feeds from Shopping.com sellers. A look at the User ID sdc_prod_301013_74, for example, shows the seller has 27,076 listings - but the ones we clicked on did not have bid or buy buttons."

.
1 March 2008
05:20 AM PST

eBay user comment, edited.

molerfamily  (1 )        Mar-01-08 05:20 PST       69 of 273

Considering eBay does not report figures, it seems kinda like the conspiracies are rampant again. Because 3rd parties out there attempt to circumvent and create programs to provide folks this, it is just not logical for eBay to gain anything from this.

I agree with thizzwear completely on this. And Thizz, does not matter what date they were doing this testing, all the chicken littles will make that date fit into the agenda which they have. There is no winning for eBay for anything they do, the Chicken Littles of the world will use their twisted logic to make it appear they did this for some adverse reasoning.

The more these chicken littles talk, the less eductated they look. It has really become a joke to read all these things that are being said now.

.
1 March 2008
time unknown

eBay Numbers Inflated By Shopping.com Product Listings?
Pheebay.com
Date: 03/01/2008

Excerpts:

• "I'm betting Murphys Law is driving this event rather than any evil empire."
• "For me this isn't a significant issue in isolation but there is a potentially more worrying aspect to this story. Many readers will share the belief of many that eBay has never been good at introducing new or changed code leading many users to feel like Beta testers all too often. With the amount of changes planned for the coming months I have a hunch today is just one of a string of "cock ups" we will be reading and reporting in the near future."

.
1 March 2008
06:18 AM PST

eBay user comments, edited.

flaura22  (333 )        Mar-01-08 06:18 PST       79 of 418

I don't believe ebay has done anything with the intent to manipulate or deceive. The point is that IF whatever sort of glitch this is has mistakenly over inflated the numbers, then eBay is responsible for making the shareholders aware of the accounting errors IF the mistake has an impact on the stock values and/or IF the errors impact the financial reports to the shareholders.
I don't know about the whole casino scenario you've got going, I was thinking more along the lines of Enron and such.

eBay cannot be held accountable for any errors if they can say that they didn't know, which is why someone must have proof that an officer of eBay or PREFERABLY THE GENERAL COUNSEL FOR EBAY has been made aware of the possibility of a considerable accounting error in the financial reports to the shareholders.

shwp1  (1919 ) Mar-01-08 07:03 PST 681 of 878

I asked this earlier and it's still nagging at me.

Someone...[forgive me but I have forgotten who],
posted a link to another forum where one of the
sdc###### was inquiring how many id's they could have...
The were told 100....how many did they need?
sdc###### responded 400 or 500

soooooooooo

If sdc= shoppingdotcom
and shoppingdotcom is owned by Ebay

Isn't that like asking yourself a question...and doing it where everyone can hear [read] you ask?

the*katy*workshop  (1468 )  Mar-01-08 07:11 PST 683 of 878

27076 items found (Save this search)
Show only: Items from seller sdc_prod_301013_74

type2mtg  (51 )        Mar-01-08 07:10 PST       43 of 426

The absolute ONLY way for these items to show "by accident" is if the eBay techs included them in the database. If this was done "on accident" then those tech should absolutely be fired, because they are mixing two different databases and that is potentially a MAJOR screwup.

It seems that they probably have done this on purpose, because it's highly unlikely that the two different databases share the same table titles and attributes. Meaning that the SDC listings would have had to have been converted to fit the eBay database before they would show up, otherwise they would just error out and potentially bring down the whole eBay database.

Something is not right with this...you cannot just have stuff appear "on accident"...not when you're dealing with databases.

the*katy*workshop  (1468 )  Mar-01-08 07:13 PST 685 of 786

19808 items found (Save this search)
Show only: Items from seller sdc_prod_9452

.

1 March 2008
08:10 AM PST, 16:10 GMT

200k Shopping.com items appear on eBay 
TameBay
Author: Chris Dawson
Posted at: Saturday, March 1st, 2008 at 4:10 pm   
Tags for this post: eBay.com, shopping.com, Snafu

Excerpt:

• "User names such as sdc_prod_9124_14 with some 48,000 eBay listings appeared, although currently all the listings appear to have been removed. SDC is the acronym for shopping.com, the shopping comparison site owned by eBay.
   
  sdc_prod_9124_14 The listings had no bid/bin links, simply a link to add to watched items leading so speculation that eBay are using them to increase listing numbers. A more rational explanation is that some one made an error in launching Shopping.com listings onto eBay and the error was swiftly reversed."

.
1 March 2008
08:21 AM PST

eBay user comment, edited.

emovieposter.com  (20539 )        Mar-01-08 08:21 PST       84 of 418

Just like they were nailed cold with the "shipping stars" snafu, they are nailed cold with this one. Of course they will announce it was a simple mistake, and get rid of the fake listings.

.

1 March 2008
08:30 AM PST, 11:30 AM EST

Medved "EBay Auction Counts" approximately 13,502,000 items. The auction count was previously
13,875,000 listings (29 February 2008 01:00 PM PST)

Eight and a half hours into eBay's listing upgrade special, "2 days only March 1-2", and the auction count is falling.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

.
1 March 2008
09:27 AM PST

eBay user comment, edited.

sandrarn83  (2919 )       Mar-01-08 09:27 PST       52 of 426

I read an article recently that Ebay (who owns Shopping) was going to start having some of the Shopping feeds shown on Ebay. That was one of the reasons I signed up for Shopping but then found that all my Amazon listings were already on Shopping. So no point in competing with my self and using my own money to be seen on Shopping when Amazon pays and does it for me.

Comment, edited.

Randy Smythe Says:  
March 1st, 2008 at 5:30 pm (17:30 GMT), 09:30 AM PST

Chris, it’s likely that it was a slip-up. There have been discussions about integrating SDC listings into to eBay for awhile. These listings would not have shown up on eBay.com in the form that they did if eBay hadn’t set them up this way. So I would say it was a slip-up before a test. Eventually we will see SDC listing on the main platform.

I agee with you that it wasn’t eBay trying to inflate listing numbers.

eBay user comments, edited.

djcarlos1  (3838 )        Mar-01-08 09:46 PST       93 of 418

I don't know if it's a glitch, hack or purposeful deception. However, what makes it curious is all the auctions I looked at started last Thursday the day after the listing sale ended.

Say it isn't so, Joel?
Posted: Mar-01-08 11:23 PST
boycott*victoriously  (17 )  Posts: 2,108

I must have missed that one. These are the ones I found, with last night's and this morning's results shown. That list you have only shows 10,000 counts ... could have been much more than that:

ID found:...............first shot..... Now
sdc_prod_9452...........19808....still there
sdc_prod_30103_74....27076....still there
sdc_prod_9055............1925.....zero now
sdc_prod_442675_57...4702.....zero now
sdc_prod_9124_14.......42578...zero now
sdc_prod_9090............ 24501...zero now
sdc_prod_434012..........35000...zero now

.
1 March 2008
01:02 PM PST, 03:02 PM CST

eBay Customer Service Agent (Lanie R.) and an eBay customer:
15:02 Agent Sent Message: I'm sorry for the inconvenience.This is actually an issue on the site right now I'm afraid. This is actually a Shopping.com listing that's appearing incorrectly on eBay.
15:03 Agent Sent Message: Our Technical team is working on getting resolved though, and I had this reported for you so we can add your account to the list.
15:03 Customer: Do these incorrect listings show up in ebays total listings/ Wouldn't they scew the listings totals?
15:04 Agent Sent Message: Oh, no it shouldn't though.
15:05 Agent Sent Message: The team is checking on the accounts of the sellers you reported as well for further investigation.
15:05 Customer: Shoudn't or absolutely doesn't?
15:05 Agent Sent Message: Absolutely doesn't.This is only a glitch on the search pages.
15:06 Agent Sent Message: You can check it from time to time to see it not on the eBay pages, only on Shopping.com
15:06 Customer: can you explain that a little further?
15:08 Customer: I'm not familiar with shopping.com. Why would their listings show up on ebay. Anf the one I mentionaed has ebay seller feedback.
15:08 Agent Sent Message: Sure! In the eBay account of the seller for items sold at eBay, it shouldn't get reflected, but if you were referring to the "items from seller" link for all items he is selling, I'm afraid the Shopping.com items will also appear and is confirmed as a tec
15:08 Agent Sent Message: hnical glitch.
15:09 Customer: can you respond to my last question also?
15:09 Agent Sent Message: Sorry for the confusion, Shopping.com is a specialty site owned by eBay but we handle separate accounts. It's similar to Express or Half.com
3/1/2008 15:10 Agent Sent Message: Ah, okay, Here's what happens, this particular seller has an account with SHopping.com to sell items, which is a different one as an eBay seller.

.
1 March 2008
01:12 PM PST

eBay user comments, edited.

suzisstuff  (3233 )  Mar-01-08 13:12 PST 8 of 33

Cyoung 67-
Another poster and I caught that auction in the act last night. OP did a “snapshot” when it was at 35,000 listings and sent it to ABC NEWS. I was watching it around the same time and the listings went from 37,000 at the first point. I checked in on it 4 more times, 2nd time I think it was 17,000 auctions, then 7,000 and then 5,000 and finally in went to 536. Now it is at zero. OP and I both posted our findings but cannot find it this morning. Surprise, Surprise!

EBAY CAUGHT IN THE ACT!

molerfamily  (1 )       Mar-01-08 14:08 PST       195 of 273

Would it not stand to reason, that if some deal was worked out, with say Shopping.com and premier members that pay to Shopping.com get free exposure listings with eBay, that in fact it is not costing them anything to have these listed in an eBay store account? That would make sense.
.
I do not profess to know what arrangement that Shopping.com merchants have, but it seems I read something to that effect somewhere.

rjrkea  (3275 ) View Listings | Report       Mar-01-08 13:56 PST       112 of 418

Well on Monday the Expanded Seller Protection enrollment link showed up for a period of time before getting removed.

Maybe this was some sort of a test like that where it went "live" and then was taken down.

On one hand I would think if it were a test, they would have used a much smaller amount of listings so it wasn't so visible and on the other hand maybe they wanted to see how large a volume they could handle for sellers as a means of luring users back from amazon or not lose them to amazon.

And then also maybe they wanted to see what current, knowledgeable users would say about the listings to quickly find out what "goofs" there were.

.

1 March 2008
2:55 PM, time zone unknown

eBay padding listing numbers on Auction site?
www.companyexposed.com
March 1, 2008
Published by admin @ 2:55 pm

Excerpt:

• "Today the Blogs and eBay Finance forums and eBay Seller forums are buzzing with examples of mysterious listings of items on which you cannot bid or which you cannot buy. These number in tens of thousands on seller accounts that were located today."

.
1 March 2008
2:56 PM PST

eBay user comment, edited.

The Number of Auctions
Posted: Mar-01-08 14:56 PST
lacemaker3  (300 ) Posts: 3,874

sdc_prod_301013_74 has been a member since Oct-18-06.

If you view the Text-format only page for their listings, it's very interesting. I am viewing it with 200 items per page.
- there are 27076 items found (but only 10000 can be viewed in the Text-format list)
- The first page of listings were started Jun-04-07 and ended on Nov-01-07 (why are they still listed in Text-format only? The item #s are invalid.)
- On the 15th page of listings, approx. half were started Apr-19-07 and ended Nov-15-07 16:19:44 PST. That's approx. 2900 listings that ended before Nov-15-07, and should no longer be on the site.
- All the rest of the listings (approx 7100) were started on Feb-25-08 and will end Mar-26-08, between 14:22:26 PDT and 14:32:16 PDT. They are 30 day listings.

.

1 March 2008
time unknown

Ebay Padding Counts w Fake Listings in Wake of Strike?
From: cappnonymous
Added: March 01, 2008

.

1 March 2008
05:24 PM PST

eBay user comment, edited

cloudberry121  (18 ) Mar-01-08 17:24 PST 18 of 20

There's been a lot of this going on this past month. Thousands of listings within weeks or even days and about 20% FB, if any. Odd times.

username: sdc_prod_301013_74 has 27291 listings.
username: sdc_prod_9090 has 32601 listings.
username: sdc_prod_9352_67 has 30278 listings.
username: sdc_prod_9074_35 has 21481 listings

.

1 March 2008
time unknown

Bogus Listings!!!
By dhoosierswife

Is eBay POSSIBLY padding their listings numbers???
By dhoosierswife

.

1 March 2008
06:06 PM PST

eBay user comments, edited

just_not_thinking  (0 )        Mar-01-08 18:06 PST       68 of 426

Looks like the possee slept late today!

Sandra and possee why do you care about this?

How does it effect you in any way at all?

Why can't ebay run tests on their own site?!!

vsbeauty53  (15 )        Mar-01-08 18:14 PST       71 of 333

Gosh! ebay Number of Listings dropped! close to 500,000 items just gone!

eBay view charts 14,109,304 -472525 -3.35% March 1, 2008 9:06 pm

What an overnight change!

pepins4b8e  (21 )        Mar-01-08 18:16 PST       73 of 333

You want them to let you know every time they do tests?
You think other sites let you know when they do test? You're dreaming!

sojo2004  (2698 )      Mar-01-08 18:23 PST     78 of 333

OK, this is what ebay says about test auctions:

Guidelines for Test Listings

Listings in the Test Auction category must be clearly labeled as a ’test’, both in the listing title and description.
No more than 10 test listings should run at once by a single account.
Accounts that leave or receive feedback in the Test Auction category must be used for test purposes only. This means that members must use a different account to leave or receive feedback for test purposes than is used for buy or sell on the site. Accounts found to be in violation of this guideline will be subject to immediate suspension.

Any Feedback left on test listings should be clearly labeled ‘test’.

All ’test’ feedback is subject to removal at any time, at eBay's discretion.

Normal listing fees will be charged when listing in the test category.

But I guess that just applies to members, not the management.

But in answer to pepin -- yes, if we have to clearly state a test listing is a test listing, then I DO think ebay should have to do the same.

sojo

Things are going swimmingly, thank you for asking.

.
1 March 2008
07:00 PM PST, 10:00 PM EST (Eastern Standard Time)

Medved "EBay Auction Counts"  approximately 13,455,000 items. Auction count at the lowest point of the day.

.
1 March 2008

08:09 PM PST

eBay user comment, edited.

time2buy1949  (Private )  Feb-29-08 20:09 PST

Search 19140 THATCH RAKE 15" 19T EA 12912226

Comments please? Just saw this at the very tail end of a thread in the Feedback Forum. Thought it was appropriate to mention here. (They had a different item number from this seller posted, but I'm not sure I can do that.)

No price, no way to bid on it (I tried $30 just to see what would happen - it said transaction blocked, cannot bid on this kind of item) and if you click on see sellers other listings he has 35K+ others. And it's a zero account. Location - CA. Website in auction too.

How the heck would you even list something up with no way to bid on it? This is either just leading to their website and bigtime circumvention or it's eBay themselves inflating the numbers. Interesting either way.

What do the experts think?

.
1 March 2008
08:30 PM PST, 11:30 PM Eastern Standard Time

Medved "EBay Auction Counts"  approximately 13,460,000 items. Last count of the March 1st chart.

Note auction count  spike beginning at the "2/29" (09:00 PM PST, Midnight EST) line and ending at the "3/2" (09:00 PM PST, Midnight EST) line.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

.

1 March 2008
08:34 PM PST

eBay user comment, edited.

erimess  (10 )        Mar-01-08 20:34 PST       238 of 273

Wow. I came over here to try to catch up on the latest and I've found a conglomeration of paranoid, fact-creating, lynching mob!

.

1 March 2008
10:00 PM PST, 01:00 AM 2 March EST (Eastern Standard Time)

Medved "EBay Auction Counts" approximately 13,425,000 items. First count on the March 2nd chart.

.

2 March 2008
00:34 AM PST

eBay user comment, edited.

oldspartantrader  (3913 )          Mar-02-08 00:34 PST     100 of 425

This is much more disconcerting to me as a stockholder than as a seller --

I have asked by stock guy for input and he believes that if this is in fact listing count manipulation it is an SEC matter for investigation

.
2 March 2008
07:00 AM PST, 10:00 AM EST

Medved "EBay Auction Counts" approximately 13,470,000 items. Second listing count peak of the weekend.

Previous peak count was approximately 13,900,000 items, on February 29th at 10 AM PST

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

.

2 March 2008
07:04 AM PST

eBay user comments, edited

Shopping.com, Half.com and Ebay Express
Posted: Mar-02-08 07:04 PST
dakota_exchange  (2844 )   Posts: 5,856

I wonder... but then why, after all of this became obvious to many, did many of these same listings get pulled?

Shopping.com, Half.com and Ebay Express
Posted: Mar-02-08 08:01 PST
pakardbelle  (272 )   Posts: 1,019

Yesterday, I tried to bid on one of the SDC listings. And, this was not an eBay Express listing. It was one of the active auction format listings. And, the page would not accept my bid.

I put the item in my watched items, and it's still there. But now, when I click the item, the auction has been pulled. And when I search those listings for that seller, they are showing no auctions- so all 27K of the auction format listings have been pulled.

.

2 March 2008
08:26:53 AM PST

Comment, edited.

Date: Sun, 2 Mar 2008 08:26:53 -0800 (PST)

The evidence is consistent with that conclusion, but is not yet proof of that. This could yet be hacking, or API/server malfunction. It could also be an unannounced "test" that accidentally had the "unintended" side effect of inflating traffic, right, sure.

In any event, there clearly are "fake Ebay listings", and in large numbers. Large enough to materially affect traffic count? I suspect we'll know in a few days.

The interesting thing to watch here is whether or not this phenomenon continues, and if it stops, what happens to the traffic reports.
--
Regards, Bob Niland

.

2 March 2008
11:13 AM PST

eBay user comments, edited

audlee-e-nuff-treasures  (860 )         Mar-02-08 11:13 PST       32 of 432

Let's revamp this weekends events.
1. at 18:41 pst Friday evening a thread was started about listings that could not be bid on or bought.
2. between 12 am pst and 3 am Saturday these listings were being pulled.
3. These so called TEST listings if they were only TEST listings would have no reason to be pulled and some of the sdc_prod_### id's narued.
4. Then the thread of these findings is removed along with any that mention it.
5. why please tell me why, if this was only a TEST has it become an issue to remove them and the threads discussing them.

markd13  (84 )        Mar-02-08 11:19 PST       38 of 432

I see the Conspiracy Nut Jobs are out in full force.

And then we have the Free Speech nut jobs who have never read the Constitution or Bill of Rights and yammer on about something they have no knowledge. They don't seem to understand it doesn't cover entities like eBay.

But then again when have facts every stopped a nut job from their ranting.

.

2 March 2008
02:31 PM PST, 05:31 PM Easter Standard Time

Is eBay Fluffing The Numbers With Test Auctions??
Doc's Suspended From eBay Blog
March 2, 2008
Published by admin at 5:31 pm

Excerpt:

• "if they were using these thousands of test listings to skewer 3rd party listing stats generators like, Medved Charts and PowerSellersUnite.com it is outright fraud!"

.

2 March 2008
02:32 PM PST

eBay System Status Announcement Board
***Resolved: Shopping.com listings on eBay*** 
"Some Shopping.com listings appeared accidentally on eBay.com over the past two days. This system issue has been resolved. We apologize for any confusion or inconvenience this may have caused."

.

2 March 2008
03:53 PM PST

eBay user comments, edited

thehairball  (973 )        Mar-02-08 15:53 PST       143 of 432

That was ebays pathetic excuse for 400,000 listings that all appeared out of nowhere and then disappeared almost as quick and looked nothing like any other ebay listings and if thats the case...then ebay is a very unsafe place to shop! How in the hell do 400,000 listings "accidentally" appear? That means that your private information on this site is no longer safe if stuff from any other site can just somehow magically appear on this one!

magisterrex  (6944 )         Mar-02-08 15:54 PST       170 of 418

I don't know why so many people are quick to ASSume that eBay is an evil corporate entity that wants to steal their souls and use them as currency whilst dealing with the Devil.

When I last checked, you were supposed to be INNOCENT until PROVEN guilty. From the bizarre, over-the-top posts on this thread, I have no idea why some of you even sell here.

I know that if I felt that strongly about eBay, I would do what Bruce is doing, and exit, stage left.

.

2 March 2008
04:01 PM PST, 00:01 GMT March 3

Comment, edited.

Chris Dawson Says:
March 3rd, 2008 at 12:01 am

Such a prosaic explanation! Why couldn’t I have been proven wrong and it be a conspiracy? 

.

2 March 2008
04:01 PM, time zone unknown

eBay censoring info about padded listings on it's forums
www.companyexposed.com
March 2, 2008
By admin @ 4:01 pm 

Excerpt:

• "If the hundreds of thousands listings you cannot Buy Now or Bid on on eBay site are just an innocent mistake / glitch or have a legitimate reason to be there, why would eBay moderators be so diligent in removing posts from their forums discussing these? Although the eBay forum thread has been removed by eBay Moderators, Google cache still has some of the posts"

.

2 March 2008
03:53 PM PST

eBay user comments, edited

aviation  (3802 )        Mar-02-08 16:29 PST       187 of 418

By the way, at the moment, I don't believe eBay did this on purpose to inflate listings. While it's a possibility, I would hope eBay's not that stupid. I really can't see it happening as there are just too many people who would have to have been involved to do that.

in-weave  (7349 )         Mar-02-08 16:56 PST       197 of 418

Some Shopping.com listings appeared accidentally on eBay.com over the past two days. This system issue has been resolved. We apologize for any confusion or inconvenience this may have caused.

I don't think we've seen the end of this....and, in some ways, I don't want to know what carp is coming. There's a reason they "accidentally" appeared. eBay may not have wanted anyone to notice them so that may be the accident but I'll be very surpised if we don't see something relating to shopping.com listings/eBay by the middle of the summer.

.
2 March 2008
8:30 PM PST, 11:30 PM Eastern Standard Time

Medved "EBay Auction Counts" approximately 13,330,000 items. Last count of the March 2nd chart.

.

2 March 2008
10:06 PM PST

eBay user comment, edited.

just_not_thinking  (0 )  Mar-02-08 22:06 PST    145 of 425

POSSEE!!!

Why don't you start your own auction site posseauctions.com and make it perfect ...

I.E. the first website ever that has no glitches, and we'll all use it! Be sure to make a possee discussion board too!!

Remember it has to be perfect just like you, and never have any issues/glitches at all, even if millions of people are all using it at once.

Especially be sure to make a perfect message board! So we won't run the risk of not getting your daily/hourly/minutely/secondly words of possee wisdom!

Let us know when its ready possee!

.

2 March 2008
11:59 PM PST, 2:59 AM 3 March Eastern Standard Time

eBay listing upgrade special, "2 days only March 1-2" ends.

According to the Medved "EBay Auction Counts", at the time the listing special ended the count was approximately 13,355,000 items. The count at the start of the listing special was about 13,502,000 listings. An overall decrease.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart shows auction counts by days of the month, Eastern Standard Time.

http://www.medved.net/cgi-bin/cal.exe?EIND  Chart times are Eastern Standard Time (EST).

.

3 March 2008

Regarding the events and comments of Monday March 3rd.

"I spoke to eBay's Usher Lieberman during the IMA conference on Monday. He said he had made a mistake when he called the Shopping.com listings a test on Saturday morning. He was trying to track it down and after talking to a few people, felt comfortable saying it was a test, and subsequently found out the listings had appeared accidentally. Usher said it was his fault for initially getting it wrong."
Ina Steiner, AutionBytes, 4 March 2008 04:02:46

"but on Monday, said he was incorrect and that the listings were the result of a glitch."
Ina Steiner on Usher Lieberman, AuctionBytes, 5 March 2008

.

3 March 2008
06:21 AM PST

eBay Running A Test with Shopping.com Listings-Sorry It Was An Accident?
ebay & Beyond: Basics to Business
Posted by David White at 3/3/2008 6:21 AM

Excerpt:

• "they apparently choose to take this action in an effort to reduce the   visibiltiy of the test or accident, whichever it was.........eBay   needs to get their stories STRAIGHT!
   
  My Opinion
  If it really was a test, eBay should have announced it before they ran it, on the system announcement board. This was no accident. eBay rarely does anything by accident, but if they do, it is corrected very quickly, not 2 or more days later."

.

3 March 2008
06:53 AM PST

eBay user comment, edited.

dorothysew  (978 )  Mar-03-08 06:53 PST 157 of 425

lol we wanted ebay to acknowledge the glitches so we would know about them and wouldn't run around trying to find out if there was something we were doing wrong. Now people are using the notifications to complain that there are glitches?

Ebay really can't win with some of you.  

.

3 March 2008
07:34 AM PST

Sponsored Ads a Huge Win for eBay!  
My Blog Utopia!
Posted by Randy Smythe at 3/03/2008 07:34:00 AM

Excerpt: 

• "In fact we recently saw Shopping.com listings on the eBay.com site, which gives you an idea of their plans. eBay's response to the SDC listings was; "Some Shopping.com listings appeared accidentally on eBay.com over the past two days. This system issue has been resolved. We apologize for any confusion or inconvenience this may have caused." Notice it wasn't an error, it was accidental. Believe me, the accidental part was, that they showed up now, before they were supposed to. I have a hunch we will see SDC listings on the eBay platform sooner rather than later; first as a test and if that goes over well, they will roll them out site wide."

.

3 March 2008
10:21 AM PST

eBay user comment, edited.

oldspartantrader  (3884 )        Mar-03-08 10:21 PST       184 of 333

As I suspected -- These were not just run of the mill feeds I saw -- They were quite eBAY specific listings --

They were in fact eBAY listings like every other eBAY listing -- except they did not have any purpose in the normal realm of buying and selling

Comment, edited.

PAID BASHERS Definition of PADDING the Listing on eBay! 
(2008-03-03 14:38:00)  by elikeebayto...

It now has been about a week that the PAID BASHERS community has been busy polluting our beloved board with sorry comments about how eBay has floated or artifically increased its listing. Maybe one day these PAID BASHERS who are PAID money to spread lies and misinformation can discuss the matter with their boss and get an answer for us all. Question: How can you accuse eBay ...

.

4 March 2008
04:02:46 AM PST

Update to Shopping.com Mystery Listings on eBay
By: Ina Steiner, AuctionBytes
Tue Mar 4 2008 04:02:46

I spoke to eBay's Usher Lieberman during the IMA conference on Monday. He said he had made a mistake when he called the Shopping.com listings a test on Saturday morning. He was trying to track it down and after talking to a few people, felt comfortable saying it was a test, and subsequently found out the listings had appeared accidentally. Usher said it was his fault for initially getting it wrong.

I asked Usher if he could tell me more, and he could not. I asked him if we might expect to see Shopping.com listings on eBay in the future, or eBay.com listings on Shopping. He said eBay is looking at a lot of different things and can't speculate on anything.

"Lots of things are on the table," he said.

.
4 March 2008
04:02 AM PST

Regarding events and comments taking place on Tuesday March 4th.

"On Tuesday, Lieberman explained the nature of the glitch. Programmers rolled out code on Friday evening that was meant to credit certain listings that were eligible for free Gallery. The credit was due to them because eBay had promised sellers Gallery would be free for listings started at a certain time of day, and the code had been rolled out 3 hours past the deadline."
AuctionBytes, 5 March 2008

.

4 March 2008
Late afternoon, early evening

Ebay Accused of Padding Listing Numbers
PC Magazine
03.04.08
by Brian Heater and Chloe Albanesius

Excerpts:

• "When the bug first emerged on Friday, the spokesman told a reporter that it was actually a planned test.   "But it wasn't a test. It ended up being a bug," he said. "So I ate a little bit of crow on that.""
• "EBay denied that any forum deletions were intentional. If any posts were taken down "it was accidental," the spokesman said. "We're not afraid of hearing from our community and allowing them to post and discuss things and be angry on our boards.""

.

4 March 2008
06:52 PM PST

ebay user comments, edited

oldspartantrader  (3884 )         Mar-04-08 18:52 PST       199 of 333

It is quite possible that the messy matter is approaching a large fan

Approximately 5,000 listings were pulled from shopping.com, but they have since been removed, according to eBay. (from the PCMAG article)

That is so far from reality that it is ludicrous -- Not only ludicrous but so easily shot through of holes that it borders on management malpractice -- and when it is shown to be GROSSLY understated will invite ever more scrutiny --

We may be seeing a company beginning to circle the wagons and the result will be downright ugly --

If only companies that make major goofs would read the Johnson and Johnson Tylenol Story -- It is a roadmap to not just successful damage control but also to public trust --

Although public trust is at risk -- eBAY is taking an even larger risk with shareholder trust -- A trust that if lost will lead to the dissolution of the company -- an extreme that is unlikely to be sure -- but a needless exposure non the less

Continued pressure here would be far more effective than any boycott in bending managements will -- This misstep is an opportunity that the dissenters will be foolish to waste

I would start by looking for deleted in threads on the net and follow with screen shots of them and the 5000 listings -- followed by 5000 more a day later -- and on and on --

There are now at least two main stream media giants with interest -- an opportunity that is priceless

bhearsch  (302 )        Mar-04-08 21:08 PST       207 of 333

The eBay owned Korean website often mirrors ebay.com auctions. Many of these sdc_prod_ listings are still live on their website. If you want to find them, go to Goog and enter the specific sdc_prod_ number, leave a space, and then enter site:ebay.auction.co.kr

When the results are shown, click on "repeat the search with the omitted results included."

You can find the sdc numbers on various websites/blogs. The eBay Korean website only shows the listings that are currently active and not the ones that have scrolled off but there are still quite a few.

.

5 March 2008

Regarding the events and comments of Wednesday March 5th.

"Lieberman said fewer than 35,000 listings were affected by the glitch."
AuctionBytes, 5 March 2008

AuctionBytes releases the "80,000" figure to eBay and the public. They first observed this figure on March 1st. Four days earlier.

• "However, he had no explanation for the fact that when AuctionBytes looked at one Shopping.com selling account on Saturday morning, it indicated the seller had over 80,000 listings on eBay.com." AuctionBytes, 5 March 2008

AuctionBytes becomes the first large news organization to report a count from direct observation of the situation. However AuctionBytes has not substantiated their claim with screen shots.

"Of the accusations of listing count manipulation, Lieberman said, "To think that we'd do that now is outrageous.""
AuctionBytes, 5 March 2008

.

5 March 2008

eBay Calls Claims of Manipulation 'Outrageous' 
By: Ina Steiner, AuctionBytes
March 05, 2008

Excerpts:

• "When Shopping.com listings appeared on eBay.com last week, sellers pointed to it as an example of eBay attempting to boost listing numbers."
• "AuctionBytes previously reported that several discussion threads had been removed, including one linked to in the original blog post published on Saturday.
• Most sellers are likely taking little notice of the dust-up. Those who are suspicious may be unlikely to be satisfied with eBay's response."

.

5 March 2008
06:44AM PST

eBay user comment, edited

oldspartantrader  (3884 )  Mar-05-08 06:44 PST       210 of 333

The worm may be beginning to turn --

From the PCMAG article

Approximately 5,000 listings were pulled from shopping.com, but they have since been removed, according to eBay.

From the AB article

Lieberman said the programmers inadvertently caused the Shopping.com listings to appear on eBay.com when it created and launched the script to credit the sellers' accounts for Gallery fees.

Lieberman said fewer than 35,000 listings were affected by the glitch.

I am going to start a lottery methinks --

Whoever gets closest to the next eBAY estimated number of misplaced SDC listings will receive --

An all expense day trip to Leavenworth with full visitors passes and change for the vending machines -- While there they can visit the eBAY Exec of their choice

.

5 March 2008

Ziff Davis Media Files for Bankruptcy 
By  VINNEE TONG

.

5 March 2008
08:04 AM PST

eBay user comments, edited

oldspartantrader  (3884 )  Mar-05-08 08:04 PST                 212 of 333

If both "buy" the explainations will likely go no where.

Should the SEC investigate there will be no buying of stories -- IMO

They are probably one of the scariest Regulatory bodies that Wall Street deals with -- They have teeth and are not at all shy about biting -- They are also pretty straight forward and fair without leaning in any particulat direction to meet an agenda

My attorney and accountant are also preparing letters to be sent to the State Attorney General requesting a watch on the situation with some of the "facts" that have surfaced attached as an addendum -- In that the Street is located here many a firm has been put in the hot seat through that AG Office even though technically domocilled elsewhere.

I am still jumping to no conclusions -- BUT -- The more the story changes the antsier I become --

jake-deals-4u  (700 )      Mar-05-08 08:16 PST     213 of 333

preparing letters to be sent to the State Attorney General requesting a watch on the situation with some of the "facts

Too bad im sure the facts are' Everybody uses eBay at their OWN RISK via a user agreemant that is NOT compulsory, its voluntary.

And im sure theres probably an 12th grade HS kid that could explain that its eBays business & they can do as they dang well please with their OWN SITE + if someone doesnt like it, they are FREE to leave!

OTOH i havent quite figured out why someone who is a stockholder ( at their own FREE WILL & PROFIT ) would bad-mouth & spread bad-will at a company that they have a personal financial stake in , far & above the average site user.

If i was so upset at a company that i held stock in, i would sell that stock ASAP reguardless of P/L

pepins4b8e  (21 )       Mar-05-08 08:41 PST       217 of 426

Carl, I own stock myself (although I'm sure not to your big wig level ). I fail to get a wedgie about this because while I see the listing numbers as an indicator, it is of small importance to me compared to the quarter-end results.

I guess we'll see if shareholders tend to think like me, or like you on this. I'm not criticizing your position. I just think that the press much prefers to follow Scarlett Johansson selling an evening with her on eBay versus some nebulous conspiracy about the number of listings on eBay.

.

5 March 2008
09:04 AM PST

Comment, edited

El Radical
Escrito el: 05-Marzo-2008 a las 17:04

La huelga de eBay ha sido más que un éxito. No fue sólo una caída del 13% de los artículos listados. Como sospechábamos eBay ha estado inflando artificialmente el número de artículos listados por 2 razones:

1) Para que los huelguistas nos desanimáramos haciéndonos creer que nuestra huelga era una huelga que llevábamos a cabo sólo unos cuantos vendedores.

2) PAra engañar a la bolsa.

La noticia acaba de salir en la propia CNN de EE.UU. Si se confirma la estafa en bolsa por parte de eBay estaría violando una Ley Federal muy seria y la multa que les caerá será de espanto, con el añadido de la mala reputación internacional que se producirá en el mercado financiero mundial de esta empresa y efectivo negativo en sus acciones.

Como véis, compañeros, cuando planatamos cojones y ovarios unidos, incluso podemos enfrentarnos contra las multinacionales y pisarles el cuello como ellos nos lo pisan a nosotros. Mis felicitaciones a todos los currantes vendedores de eBay y la solidaridad y apoyo de muchísimos compradores. Lo estamos consiguiendo. Van a venir más huelgas. Y vamos a seguir dándoles caña hasta que nos quiten el pie del cuello. Si tratan de hundirnos se hundirán ellos con nosotros.

.

5 March 2008
03:18 PM PST

What's going on over at eBay? 
BloggingStocks
Posted Mar 5th 2008 3:18PM by Michael Fowlkes

Excerpt: 

• "But could there be something a little more sinister taking place on the site? Rumors are definitely swirling that the site has actually been padding its numbers with fake item listings. eBay wouldn't dare do such a thing, would it? It has already admitted that a "bug" in the system did in fact insert some fake listings into the site's database. The question is, was this really a bug, or did the site knowingly inflate its listings?"

.

5 March 2008
06:18 PM PST

eBay user comments, edited

jake-deals-4u  (701 )       Mar-05-08 18:18 PST       242 of 426

Im suprised that the listing #s were of a daily concern to you as an investor.

So a higher count would indicate what?

A lower count would indicate what?

I didnt know that short term listing count anomolies here would affect a long term investors strategy.

I cant find any angle to a blip in listing counts in an investment angle, unless it provides a draw-down for emotional expousements .

But then again if i was emotionally upset over a company i was financially Invested in, ide seek Divesting of that investment.

Do you check the day-day infrastructre of other investment vehicles?

badday911  (71 )        Mar-05-08 22:23 PST       46 of 70

Why don't they do it on there stupid playgroud thing they set up?

ALL companies I know of have a test bed server to try out new things. They don't want to risk problems on the servers that make them money or are mission critical.

I spent 23 1/2 years with HP working with high end servers before retiring so I'm absolutely certain that a company would not risk problems running tests on a live system.

In my opinion, eBay is padding their listings.

vik*nan  (33 )        Mar-05-08 23:25 PST       48 of 70

ALL companies I know of have a test bed server to try out new things.

a "sandbox" --- system or network to try out new software and equipment before deploying them to the production network.

Tests are never made on a production network even in smaller companies

aenthal  (2241 )        Mar-05-08 23:59 PST       54 of 70

I don't care if eBay pads their listings.
What will it get them? A larger count on their server?
And what will that get them?
More space used up on their server.
And what will that get them? Nothing. Fake auctions don't bring in money, even if you put up a million of them.

I tend to agree that this is technical phenomenon, not a Pinocchio problem.
But yes, they also have a Pinocchio problem, and an ostrich problem, and a robot problem (se habla Fortran because there are no humans behind that curtain, working the strings).

Let them tell all the Pinocchio versions of reality that they want.
You can't turn a delusion into reality, no matter how many times you repeat it, no matter how much fake evidence you create to support it.
Sometimes karma is sleeping.
But in eBay's case it is hungry, and it will bite them in the butt eventually.

But don't worry about how they expose that butt before karma gets them.
Just be glad that it eventually will.

windorphin  (31 )        Mar-06-08 06:15 PST       61 of 70

They use the numbers to show their stockholders that listings are not decreasing. Therefore they are lying and manipulating stock prices.

The analogy drawn about a restaurant filling their seats with mannequins with stockholders driving past is a good one. It is just as meaningless, and nobody will get in trouble for it.

It would only be a violation if they somehow cooked the books to show that those mannequins had eaten and paid.

.

6 March 2008

PC Magazine owner files Chapter 11
From the Associated Press

.

6 March 2008
05:22 PM PST

eBay user comments, edited

vik*nan  (33 ) Mar-06-08 17:22 PST 2 of 31

It would be like amazon listings accidentally showing up on yahoo. Just because ebay owns shopping.com does not mean they are magically connected.

ebay's backbone probvider is level3.net

SJC-DNS1.EBAYDNS.COM
SJC-DNS2.EBAYDNS.COM
SMF-DNS1.EBAYDNS.COM
SMF-DNS2.EBAYDNS.COM

Current Registrar: NETWORK SOLUTIONS, LLC.
IP Address: 66.135.194.100 (ARIN & RIPE IP search)

shopping.com's provider is pnap.net

NS2ANY.SHOPPING.COM
NS1ANY.SHOPPING.COM

Current Registrar: MARKMONITOR INC.
IP Address: 64.94.186.80 (ARIN & RIPE IP search)

uplatewhattodo  (18 ) Mar-06-08 21:18 PST 11 of 31

AS a techie myself, I do have to disagree with this analysis a bit. Everything about DNS and IP's etc has to do with how eBay and shopping.com provide the informaton out to the world. It says nothing as to how that information is stored in the database or databases. If they are sharing databases distributed across their internal networks, or even storage arrays are being shared by the two systems then it's possible.

They did say they were running a script that caused it which means they were running data directly into the database system(s) and bypassing all the interfaces.

A very bad idea to mess with a database that way if you don't know what you are doing, but it does make it possible. And it would violate Sarbanes Oxley if they didn't cross their t's and dot their i's, which they apparently did not do.

.

6 March 2008

Despite eBay's announcement of March 2nd, that "system issue has been resolved", 'accidental' auction listings can still be found.

Seller sdc_prod_305839_99
  "67 items found" ( LINK screen shot 3/6/2008 )

Seller sdc_prod_9352_67
  "417 items found" ( LINK screen shot 3/6/2008 )

.

6 March 2008
10:23 PM PST

eBay user comment, edited

postericon  (0 )   Mar-06-08 03:29 PST  263 of 426

think the whole thing was filed under rumors speculations

these links that ur bringin here they are written by a bunch of nobodies ur credibility is in the drink, u believe everything u read, u realy expect us to believe this junk
i think what's goin on here is worse than what is goin on at ebay. too bad too a shame this forum is wrecked

.

6 March 2008

eBay Listings on the Rise! Must be the Fee Changes
My Blog Utopia!
Posted by Randy Smythe
Thursday, March 06, 2008

Excerpt:

• "I complain about eBay as much as the next guy and they certainly need to revamp their whole PR department and communicate better with sellers but this padding of listings is a non-starter." 
 

.

7 March 2008

Regarding the events of Friday 7 March 2008.

PC Magazine, 10 March 2008:

1. "An eBay spokesman told PC Magazine at the time that 5,000 shopping.com listings were erroneously placed on ebay.com."
2. "eBay was asked to again confirm that it was indeed 5,000." "The same spokesman responded Friday that he had originally told PC Magazine that eBay pulled 35,000 listings"
3. "a review of the interview confirmed that he said 5,000."
4. "Editor's Note: The eBay spokesman confirmed Monday that the number of postings pulled from shopping.com was indeed 35,000."

.

7 March 2008
03:37 AM PST

eBay user comment, edited

schmoopie77  (109 )   Mar-07-08 03:37 PST  22 of 31

The eBay computer engineers do give us software which has glitches and bugs, so I can see someone making a colossal error. But technically, can this error even be caused?

"Lieberman said the programmers inadvertently caused the Shopping.com listings to appear on eBay.com when it created and launched the script to credit the sellers' accounts for Gallery fees."

It sounds as though they would be working with accounting software, not launching listings. Very bizarre.

.

7 March 2008

eBay Hires Blogger to Improve Communications
By Ina Steiner, AuctionBytes.com
March 07, 2008

.

7 March 2008

Klicken sie hier, um diesen Artikel nicht zu kaufen
Eingestellt am 07. März 2008 um 18:57 Uhr

Excerpt:

• "Die Stellungnahmen der amerikanischen eBay-Sprecher trugen auch nicht unbedingt zur Erhellung bei. In sich widersprechenden Statements war von Tests, Versehen oder Irrtümern die Rede. Ähnlich verwirrende Auskünfte gab es auch für Kunden, die sich bei „Live-Help“ direkt informieren wollten."

.

8 March 2008

FIASCO AFTER FIASCO DOGS EBAY 2008 POLICY CHANGES
By Editor, March 8th, 2008 at 7:00 PM

Excerpt:

• "Last weekend, first rumours, then facts, emerged regarding the mass insertion of listings with no bid or buy-now button, which many speculated were deliberately added to mask the effects of the seller boycott.  Throughout the bloggosphere, bloggers dependant on eBay for their content, and ad-click revenues, gave San Jose the benefit of the doubt.  Ina Steiner of AuctionBytes even interviewed a senior eBay bod, and both Randy Smythe and eBay UK’s tame bay gave reasons why it had to be a glitch or site test, rather than something from the dirty tricks department.  First eBay spokesman Usher Leiberman said it was a test, then said it wasn’t, and then declined to comment further.  Posts appeared on eBay announcement boards, and have been all over forums on both sides of the Atlantic."

.

10 March 2008

Despite eBay's announcement of March 2nd that "system issue has been resolved", 'accidental' auction listings can still be found.

Seller sdc_prod_310426
  70 items found ( screen shot 3/10/2008 )

Seller sdc_prod_434012
  51 items found ( screen shot 3/10/2008 )

.

10 March 2008

Honest Eddy’s Used Cars oder: eBay - das ehrliche, offene Umfeld
Auktionsblog
Posted in Allgemein on Mrz 10, 2008

Excerpt:

• Trotz der Ankündigungen seitens vieler US-Verkäufer, während des Streiks vom 18. bis 25. Februar keine Angebote zu listen sind die Angebotszahlen bei ebay.com im fraglichen Zeitraum fast nicht gesunken.

  Eine genauere Erklärung dafür findet sich natürlich nicht im ebay-Forum sondern extern.

.

10 March 2008

May Day Boycott Looming, EBay Revises Impact of 'Bug'
PC Magazine
03.10.08
by  Chloe Albanesius

Excerpt:

• "eBay admitted that shopping.com listings were accidentally placed on eBay"

.

10 March 2008

Later in the day PC Magazine changes the title of their article from "May Day Boycott Looming, EBay Revises Impact of 'Bug'" to, "Another eBay Boycott Planned for May Day", and disables the AppScout link containing the lower part of the article.

And later a new  AppScout  link is created with the article reverting to the original title, "May Day Boycott Looming, EBay Revises Impact of 'Bug'".

And the interesting times continues.

 

Epilogue

"INCONCEIVABLE." Vizzini
"You keep using that word. I do not think it means what you think it means."
Inigo Montoya, The Princess Bride (1987)

Two weeks after the events of Leap Day Friday, we can draw one conclusion.

• "eBay's 2008 Q1 (1st Quarter, January 01 to March 31) report to the U.S. Security and Exchange Commission should be interesting."
   

Thank you for reading.

...... returning to our March vacation ......
"Quashing and Creating Computer Bugs Since 1973"

//
//
//

Notes

Related article:

From eBay Seller Central - Ebay is padding their listings
http://eventhorizon1984.typepad.com/event_horizon_1984_blog/2008/02/from-ebay-sel-1.html

Article title:

Q: Why does the title of article keep changing?

A: We've altered the title to avoid being labeled as SPAM. Apparently Google considers variations of "sdc_prod" and "Shopping.com" to be SPAM, and removes direct links to such articles and items. Apparently late last year eBay began flooding Google with Shopping.com and sdc_prod* "advertising". Google's standard reaction to advertising SPAM is death by link removal.

//
//
//

The right to publish this news article - U.S. Supreme Court - 1988

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=485&page=47

1988, CHIEF JUSTICE REHNQUIST:

At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. "[T]he [485 U.S. 46, 51] freedom to speak one's mind is not only an aspect of individual liberty - and thus a good unto itself - but also is essential to the common quest for truth and the vitality of society as a whole." Bose Corp. v. Consumers Union of United States, Inc., 466 U.S. 485, 503 -504 (1984). We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions. The First Amendment recognizes no such thing as a "false" idea. Gertz v. Robert Welch, Inc., 418 U.S. 323, 339 (1974). As Justice Holmes wrote, "when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas - that the best test of truth is the power of the thought to get itself accepted in the competition of the market . . . ." Abrams v. United States, 250 U.S. 616, 630 (1919) (dissenting opinion).

The sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold public office or those public figures who are "intimately involved in the resolution of important public questions or, by reason of their fame, shape events in areas of concern to society at large." Associated Press v. Walker, decided with Curtis Publishing Co. v. Butts, 388 U.S. 130, 164 (1967) (Warren, C. J., concurring in result). Justice Frankfurter put it succinctly in Baumgartner v. United States, 322 U.S. 665, 673 -674 (1944), when he said that "[o]ne of the prerogatives of American citizenship is the right to criticize public men and measures." Such criticism, inevitably, will not always be reasoned or moderate; public figures as well as public officials will be subject to "vehement, caustic, and sometimes unpleasantly sharp attacks," New York Times, supra, at 270. "[T]he candidate who vaunts his spotless record and sterling integrity cannot convincingly cry `Foul!' when an opponent or an industrious reporter attempts [485 U.S. 46, 52] to demonstrate the contrary." Monitor Patriot Co. v. Roy, 401 U.S. 265, 274 (1971).

/*

Technorati Profile

EventHorizon1984 Log

//

From eBay Seller Central - Ebay is padding their listings

15 March 2008 -
Please read our followup article "The eBay Shopping.com Affair".  And do share it with others.
http://eventhorizon1984.typepad.com/event_horizon_1984_blog/2008/03/internet-transa.html

//

Updated 05 March 2008 19:10 HST

By the time you read this, eBay will have removed 100's of thousands of auction listings from eBay.com.  This took place between 29 February and 1 March 2008. Many of these listings eBay apparently inserted during the February 18-25 boycott.

Also by the time you read this, as 3 March 2008, eBay removed the larger eBay forum threads documenting these questionable activities. Use Google to obtained archived copies of the original threads.

http://forums.ebay.com/db2/thread.jspa?threadID=2000527568  [specified topic removed]
http://www.google.com/search?q=Is+Ebay+Creating+Listings+To+Boost+totals+Look

sdc_prod_301013_74  DBA  The Twister Group (27,291 eBay.com listings 2/29/2008) 
sdc_prod_305839_99  DBA  BargainBasementBatteries 
sdc_prod_310426  DBA  ANTOnline (21,798 eBay.com listings 2/29/2008) 
sdc_prod_409455_97  DBA  Sababa Shopping 
sdc_prod_434012  DBA  SpectrumSuperStore (35,002 eBay.com listings 2/29/2008) 
sdc_prod_442675_57  DBA  Boyne & Kelly L.L.C. (4,702 eBay.com listings 2/29/2008) 
sdc_prod_9021_2  DBA  Buy.com (12,233 eBay.com listings 2/29/2008) 
sdc_prod_9055  DBA  Focus Camera (1,925 eBay.com listings 2/29/2008) 
sdc_prod_9074_35  DBA  pcRUSH.com (21,401 eBay.com listings 2/29/2008) 
sdc_prod_9090  DBA  CompSource Inc. (32,601 eBay.com listings 2/29/2008) 
sdc_prod_9124_14  DBA  TheNerds, Inc. (48,392 eBay.com listings 2/29/2008) 
sdc_prod_9352_67  DBA  Digital Foto Club (30,278 eBay.com listings 2/29/2008) 
sdc_prod_9391_43  DBA  Adorama (11,102 eBay.com listings 2/29/2008) 
sdc_prod_9452  DBA  eTronics, Inc. (24,499 eBay.com listings 2/29/2008) 

More details regarding the above sellers are available farther down in this article.

Prior to Midnight 29 February 2008, the above list of "sellers" (the sdc_prod names) had over 200,000 lets say interesting (bogus) auction listings on eBay.com.

But don't fret. The above list may represent only "a small percentage" of the sdc (Shopping Dot Com) sellers who eBay posted auction listings on their behalf.

//
//  eBay Customer Service Transcript - 29 February 2008
//

As a matter of privacy, we've edited out the email address. Otherwise the transcript that follows, a conversation between eBay Customer Service and joelycra, is unedited.

And joelycra please forward your eBay Customer Service transcript to the news service(s) of your choice.

 

From eBay Seller Central Forum
Ebay is padding their listings
http://forums.ebay.com/db2/thread.jspa?threadID=2000527614&start=40
http://www.activeboard.com/forum.spark?forumID=78886&p=3&topicID=15720025

joelycra  (735 )     Feb-29-08 22:44 PST     69 of 94

OK... Just got out of live chat also. They told me these are Shopping - com listings that are somehow appearing on eaby by mistake... here's the transcript:




12:17:09 AM CST
System
Initial Question/Comment: Other
12:17:14 AM CST
System
Thank you for contacting eBay Live Help!
12:17:14 AM CST
System
You are successfully connected to eBay Live Help. Please hold for the next available Live Help Agent.
12:17:35 AM CST
System
Evan M. A. has joined this session!
12:17:35 AM CST
System
Connected with Evan M. A.
12:17:40 AM CST
Evan M. A.
Hello, thank you for waiting and welcome to eBay Live Help! My name is Evan. If you're a registered member, may I please start by having you confirm your User ID and first name?
12:17:41 AM CST
zz***@bellsouth.net
hello
12:17:57 AM CST

12:18:09 AM CST
Evan M. A.
Hi, Joe. Thanks! How may I help you?
12:18:32 AM CST
zz***@bellsouth.net
I have a question about an auction listing
12:18:58 AM CST
zz***@bellsouth.net
item 310025758222
12:19:10 AM CST
Evan M. A.
Thanks again. And I'm willing to help as much as I can.
12:19:19 AM CST
Evan M. A.
And may I have your concern about this listing?
12:19:51 AM CST
zz***@bellsouth.net
look at it.... it's not a real item, you can't bid on it
12:20:15 AM CST
zz***@bellsouth.net
these listings are in every category.... on the last page of listings
12:21:40 AM CST
Evan M. A.
Oh, okay. I understand what you mean. And let me try to look up on this listing.
12:24:19 AM CST
zz****@bellsouth.net
some of these SDC sellers have 30-40 thousand listings, and who knows how many SDC sellers there are
12:24:20 AM CST
Evan M. A.
Please give me another couple of minutes to look in to this for you.
12:26:10 AM CST
Evan M. A.
Oh, I see. I'm still looking this up for you, okay?
12:26:16 AM CST
zz****@bellsouth.net
ok
12:27:40 AM CST
Evan M. A.
Thank you.
12:30:15 AM CST
Evan M. A.
Thanks for patiently waiting. I see that the listing is listed under the eBay Express. What I can do is to redirect you now to our eBay Express chat, for more assistance about this listing.
12:30:29 AM CST
Evan M. A.
What IÈUlike to do is connect you with our eBay Express chat, for help with this. There may be a wait time to speak to someone after I? transferred you, but it shouldn?be too long. In case this chat disconnects please feel free to come back into eBay Live Help by clicking on our link on the eBay homepage. May I go ahead and do that now?
12:30:51 AM CST
zz****@bellsouth.net
these are not ebay express listings
12:31:03 AM CST
zz****@bellsouth.net
these are auctions
12:31:50 AM CST
Evan M. A.
I see. Actually, this is not an eBay listing, the problem is it's a Shopping.com listing that is showing on our site by mistake.
12:32:25 AM CST
Evan M. A.
It is a current issue, yes, we have a bug on it. These are meant to be on shopping.com only but due to some reason are showing on eBay as well and can't be bought through the site.
12:33:32 AM CST
zz****@bellsouth.net
ok... that's what I needed... Thanks
12:34:25 AM CST
Evan M. A.
You're most welcome. Do you have any other concerns, Joe?
12:35:29 AM CST
zz****@bellsouth.net
no, thanks
12:35:35 AM CST
Evan M. A.
Thanks for using eBay Live Help! Once youˆÂ ready to close this chat window, please feel free to click on the º–it?utton.
12:35:40 AM CST
Evan M. A.
It's a pleasure chatting with you. Have a good night!


There could be millions of these listings.... just go to the last page of items in any category sorted by "ending soonest" and you'll find them.

//
//  eBay Customer Service Transcript - 1 March 2008
//

From the eBay Feedback Forum
Is Ebay Creating Listings To Boost totals Look
http://forums.ebay.com/db2/thread.jspa?threadID=2000527568&start=1080
http://www.activeboard.com/forum.spark?forumID=78886&p=3&topicID=15720025
http://www.google.com/search?q=Is+Ebay+Creating+Listings+To+Boost+totals+Look 

idee99555  (0 ) View Listings | Report     Mar-01-08 19:03 PST     1082 of 1119

All right you guys. I went to live chat today to try and see what their story was on the inflated listings. I'm going to post the transcript. I don't see how it infracts the guidlines, but in case it gets pulled and anyone else wants it, email me. This is long and kind of disjointed, but this is the way it came to me. I had to request a transcript because the copy feature wouldn't work.

Dear eBay member,



Transcript of Session Number: 9852546
3/1/2008 14:35 Agent Sent Message: Hello, thank you for waiting and
welcome to eBay Live Help! My name is Lanie. If you're a registered
member, may I please start by having you confirm your User ID and first

name?
3/1/2008 14:35 Customer Sent Message: idee99555
3/1/2008 14:36 Agent Sent Message: Hi there!
3/1/2008 14:36 Agent Sent Message: Thanks! How can I help you?
3/1/2008 14:37 Customer Sent Message: there are some wierd listings
that have no opening bids and you can't bid on them. Thousands of
items.
What's going on?
3/1/2008 14:37 Customer Sent Message: for instance
3/1/2008 14:38 Customer Sent Message: Item number: 150217971814
3/1/2008 14:38 Agent Sent Message: I would gladly look into this for
you.
3/1/2008 14:38 Agent Sent Message: Kindly give me a moment to check .


3/1/2008 14:41 Agent Sent Message: Hi. Kindly check again the item
number. I can't seem to pull up a record on file. Thanks.
3/1/2008 14:41 Customer Sent Message: Item number: 150217971814 i'll
get you the name also
3/1/2008 14:42 Customer Sent Message: Meet the seller Seller:
sdc_prod_9452( 76)
3/1/2008 14:42 Customer Sent Message: eTronics, Inc( 76
3/1/2008 14:44 Customer Sent Message: 19808 items found
3/1/2008 14:45 Agent Sent Message: I appreciate your patience. Kindly
give me a moment more.
3/1/2008 14:48 Agent Sent Message: I saw the item and this is indeed
strange. I'm having this reported for you for investigation.Please stay

with me.
3/1/2008 14:51 Customer Sent Message: There are many others. does the
sdc_prod_#### seller designation have a particular meaning?
3/1/2008 14:54 Agent Sent Message: Hmm, for the seller's ID though, it

reads : sdc_prod_9452
3/1/2008 14:54 Agent Sent Message: I'm still coordinating with the
team
as we speak. Please give me a few minutes more.
3/1/2008 14:55 Customer Sent Message: I meant as an example. There are

others with thousands of similar listings and they have the same
sdc_prod_ and a number for seller name.
3/1/2008 14:58 Agent Sent Message: Ah okay. Thanks. The team would
reply momentarily, please continue to hold.
3/1/2008 14:58 Agent Sent Message: I appreciate your effort to let us
know about this problem.
3/1/2008 15:02 Agent Sent Message: Thanks for patiently waiting!
3/1/2008 15:02 Agent Sent Message: I'm sorry for the
inconvenience.This
is actually an issue on the site right now I'm afraid. This is actually

a Shopping.com listing that's appearing incorrectly on eBay.
3/1/2008 15:03 Agent Sent Message: Our Technical team is working on
getting resolved though, and I had this reported for you so we can add
your account to the list.
3/1/2008 15:03 Customer Sent Message: Do these incorrect listings show

up in ebays total listings/ Wouldn't they scew the listings totals?
3/1/2008 15:04 Agent Sent Message: Oh, no it shouldn't though.
3/1/2008 15:05 Agent Sent Message: The team is checking on the
accounts
of the sellers you reported as well for further investigation.
3/1/2008 15:05 Customer Sent Message: Shoudn't or absolutely doesn't?
3/1/2008 15:05 Agent Sent Message: Absolutely doesn't.This is only a
glitch on the search pages.
3/1/2008 15:06 Agent Sent Message: You can check it from time to time
to see it not on the eBay pages, only on Shopping.com
3/1/2008 15:06 Customer Sent Message: can you explain that a little
further?
3/1/2008 15:08 Customer Sent Message: I'm not familiar with
shopping.com. Why would their listings show up on ebay. Anf the one I
mentionaed has ebay seller feedback.
3/1/2008 15:08 Agent Sent Message: Sure! In the eBay account of the
seller for items sold at eBay, it shouldn't get reflected, but if you
were referring to the "items from seller" link for all items he is
selling, I'm afraid the Shopping.com items will also appear and is
confirmed as a tec
3/1/2008 15:08 Agent Sent Message: hnical glitch.
3/1/2008 15:09 Customer Sent Message: can you respond to my last
question also?
3/1/2008 15:09 Agent Sent Message: Sorry for the confusion,
Shopping.com is a specialty site owned by eBay but we handle separate
accounts. It's similar to Express or Half.com
3/1/2008 15:10 Agent Sent Message: Ah, okay, Here's what happens, this

particular seller has an account with SHopping.com to sell items, which

is a different one as an eBay seller.
3/1/2008 15:10 Customer Sent Message: Ok. Well there are numerous
"glitches" out there and they are causing major confusion and
conjecture. YOu guys need to clean 'em up.
3/1/2008 15:11 Agent Sent Message: The items listed under Shopping.com

site should only be seen in that site and not on eBay.
3/1/2008 15:12 Agent Sent Message: Yes, we truly appreciate your help
on this one and the team is on it as we speak . We do hope we can have
this resolved asap.
3/1/2008 15:12 Customer Sent Message: Should . . . there they are.
3/1/2008 15:12 Customer Sent Message: you've been a wealth of
information Lanie
3/1/2008 15:12 Customer Sent Message: Thanks
3/1/2008 15:13 Agent Sent Message: So nice to hear that from you.
Thanks for your cooperation and understanding as well.
3/1/2008 15:13 Agent Sent Message: Is there anything else I can help
you with?
3/1/2008 15:13 Customer Sent Message: bye
3/1/2008 15:13 Agent Sent Message: All right! Once you’re ready to
close this chat window, please click on the “Exit” button. Take
care! =)

3/1/2008 15:16 Customer Sent Message: I don't seem to be able to use
the copy function
3/1/2008 15:16 Agent Sent Message: You can copy or print this chat for

your reference or I would gladly send you a chat transcript,I'll just
need your email address.
3/1/2008 15:17 Customer Sent Message: I've tried copying and I get
nothing. [email protected]
3/1/2008 15:17 Agent Sent Message: No worries. Processing it
now,you'll
have it in a few minutes.
3/1/2008 15:18 Customer Sent Message: thanks again


Sincerely,
Lanie R.

eBay Customer Support

//
//  AuctionBytes - Response from Usher Lieberman, ebay - 1 March 2008
//

AuctionBytes
http://blog.auctionbytes.com/cgi-bin/blog/blog.pl?/comments/2008/3/1204379814.html

March 01, 2008

Mystery Shopping.com Listings on eBay?

By: Ina Steiner

Sat Mar 1 2008 01:56:54

Mystery listings are appearing on eBay that don't allow shoppers to bid or buy. The listings appear to be feeds from Shopping.com sellers. A look at the User ID sdc_prod_301013_74

 

A discussion about the listings began Friday night on eBay's Feedback board. Some posters believe it is a sign that eBay is trying to inflate its listing numbers to mask any effects of the seller boycott. Because of the dearth of data from eBay, Wall Street analysts put a lot of credence on listing numbers to gauge the company's marketplace performance. This month, everyone studied listing numbers to try and measure the impact of the seller boycott. And sellers have been prowling the site looking for any evidence of manipulation.

Others believe the "sdc" mystery is a test eBay is running or may be a glitch.

Update 3/1/08: eBay spokesperson Usher Lieberman responded by email on Saturday, "This was a limited test that has run its course." I appreciate the update on a weekend and, if I learn more next week, will update this post.

 

Update: 3/2/08: eBay posted on its Systems Announcement board around 5:30 pm Eastern, "Some Shopping.com listings appeared accidentally on eBay.com over the past two days. This system issue has been resolved. We apologize for any confusion or inconvenience this may have caused."

Update 3/4/08: On Monday, eBay spokesperson Usher Lieberman said he had made a mistake when he called the Shopping.com listings a test on Saturday morning.

 

 

//
//  Response from eBay Customer Service - 2 March 2008
//

This is an interesting announcement (below). Ignores the fact many of the "accidentally" appearing items were showing 25 days remaining out of 30 days.

http://209.85.173.104/search?q=cache:nGCP4ib50X4J:search.ebay.com/_W0QQsassZsdc_prod_301013_74+sdc_prod_301013_74
"This page was last updated: Mar-01 19:00"

Let's see, 30 day listing - 25 days remaining = 5 days run, as of 3/1/2008
5 days before 3/1/2008 is 2/25/2008, give or take a day.

Guess 5 days in the real world is "two days" in eBay days.

From eBay System Status Announcement Board
http://www2.ebay.com/aw/core/200803021430071.html

***Resolved: Shopping.com listings on eBay***    
       
March 02, 2008 | 02:32PM PST/PT

Some Shopping.com listings appeared accidentally on eBay.com over the past two days. This system issue has been resolved. We apologize for any confusion or inconvenience this may have caused.

//
//  AuctionBytes - Response from Usher Lieberman, eBay - 4 March 2008
//

http://blog.auctionbytes.com/cgi-bin/blog/blog.pl?/pl/2008/3/1204635766.html

Update to Shopping.com Mystery Listings on eBay
By: Ina Steiner
Tue Mar 4 2008 04:02:46

I spoke to eBay's Usher Lieberman during the IMA conference on Monday. He said he had made a mistake when he called the Shopping.com listings a test on Saturday morning. He was trying to track it down and after talking to a few people, felt comfortable saying it was a test, and subsequently found out the listings had appeared accidentally. Usher said it was his fault for initially getting it wrong.

I asked Usher if he could tell me more, and he could not. I asked him if we might expect to see Shopping.com listings on eBay in the future, or eBay.com listings on Shopping. He said eBay is looking at a lot of different things and can't speculate on anything.

"Lots of things are on the table," he said.

//
//  AuctionBytes - Response from Usher Lieberman, eBay - 4 March 2008
//

http://www.pcmag.com/article2/0,2817,2273210,00.asp

Excerpt

EBay Accused of Padding Listing Numbers
03.04.08
by Brian Heater and Chloe Albanesius

However, "the code actually rolled out three hours late, so there were a certain number of listings ... that didn't get gallery free, so we were going back and fixing that" on Friday, the spokesman said. "What happened was, when we wrote the code to implement that fix in the database table, there was a string that was left on there that populated and sent shopping.com listings onto ebay.com that it shouldn't have."

Approximately 5,000 listings were pulled from shopping.com, but they have since been removed, according to eBay.

Sellers pointed to the listings snafu as evidence that eBay was inflating its numbers to make up for losses sustained during the boycott. When the bug first emerged on Friday, the spokesman told a reporter that it was actually a planned test.

"But it wasn't a test. It ended up being a bug," he said. "So I ate a little bit of crow on that."

//
//  AuctionBytes - Response from Usher Lieberman, eBay - 5 March 2008
//

http://www.auctionbytes.com/cab/abn/y08/m03/i05/s03

Excerpt

eBay Calls Claims of Manipulation 'Outrageous'
By Ina Steiner
AuctionBytes.com
March 05, 2008

On Tuesday, Lieberman explained the nature of the glitch. Programmers rolled out code on Friday evening that was meant to credit certain listings that were eligible for free Gallery. The credit was due to them because eBay had promised sellers Gallery would be free for listings started at a certain time of day, and the code had been rolled out 3 hours past the deadline.

Lieberman said the programmers inadvertently caused the Shopping.com listings to appear on eBay.com when it created and launched the script to credit the sellers' accounts for Gallery fees.

Lieberman said fewer than 35,000 listings were affected by the glitch.

//
//  From the eBay Developer Forums regarding the "sdc_prod" name - 29 February 2008
//

eBay Developer Forums
Technical Questions: eBay Shopping Web Services
http://dev-forums.ebay.com/thread.jspa?q=sdc&forumID=1007&threadID=500004459&messageID=600012983#600012983

Replies: 4 - Pages: 1     Last Post: Feb 29, 2008 4:27 AM by: stsi.com »   

stsi.com
Member Since: 1/10/08
   
Read     ExcludeSellers Issue
Posted: Jan 10, 2008 11:40 AM    

Is there a limit on the number of Excluded Sellers that can be specified in a GetSearchResults call? I have several excluded sellers that keep returning search results. I have checked the XML for the call, and it looks correct.

Also, is it a problem if entries are duplicated? (I will be correcting this in any event.)

Thanks.

stsi.com
Member Since: 1/10/08
   
Read     Re: ExcludeSellers Issue
Posted: Jan 10, 2008 12:12 PM    

After further research, it looks like there is a limit of 100 excluded sellers. Can this limit be raised?

[email protected]
Posts: 2,035
Member Since: 6/30/05
   
Read     Re: ExcludeSellers Issue
Posted: Jan 14, 2008 3:42 PM    

Hello stsi.com,

Yes the limit is 100, which most users have found sufficient for their use case. How many IDs do you have?

Best Regards
Rekha Patel
eBay Developer Support

stsi.com
Member Since: 1/10/08

Read     Re: ExcludeSellers Issue
Posted: Feb 29, 2008 4:23 AM    

Because of the wide variety of searches that we do, we could easily use 200 to 400 ID's. 500 would be a good number for us.

stsi.com
Member Since: 1/10/08
   
Read     Re: ExcludeSellers Issue
Posted: Feb 29, 2008 4:27 AM    

Also, is it possible to use wildcards for excluded sellers? For example, I'd like to exclude the various iterations of sdc_prod_*, instead of having to type in all the numbers that this seller uses....

//
//  Reaction snapshot excerpts from eBay PowerSellers - 1 March 2008
//

Is Ebay Creating Listings To Boost totals?  Strange listings...
http://forums.ebay.com/db1/thread.jspa?threadID=2000527597&start=40&anticache=1204400261806

fla***  (327 )      Mar-01-08 04:46 PST     73 of 109
(sp)Sarbanes-Oxley Act.

also known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOx or Sarbox; is a United States federal law enacted on July 30, 2002 in response to a number of major corporate and accounting scandals including those affecting Enron, Tyco International, Adelphia, Peregrine Systems and WorldCom. These scandals, which cost investors billions of dollars when the share prices of the affected companies collapsed, shook public confidence in the nation's securities markets.
The legislation establishes new or enhanced standards for all U.S. public company boards, management, and public accounting firms. The Act contains 11 titles, or sections, ranging from additional Corporate Board responsibilities to criminal penalties, and requires the Securities and Exchange Commission (SEC) to implement rulings on requirements to comply with the new law.
The Act establishes a new quasi-public agency, the Public Company Accounting Oversight Board, or PCAOB, which is charged with overseeing, regulating, inspecting, and disciplining accounting firms in their roles as auditors of public companies. The Act also covers issues such as auditor independence, corporate governance, internal control assessment, and enhanced financial disclosure.

djc***  (3827 )        Mar-01-08 09:04 PST       88 of 110
Doing a little cleaning up, maybe?

djc***  (3827 )      Mar-01-08 09:46 PST     93 of 110
I don't know if it's a glitch, hack or purposeful deception. However, what makes it curious is all the auctions I looked at started last Thursday the day after the listing sale ended.

cmi***  (1712 )        Mar-01-08 09:52 PST       94 of 110
I don't know if it's a glitch, hack or purposeful deception. However, what makes it curious is all the auctions I looked at started last Thursday the day after the listing sale ended.

I noticed that too, 9 days ago they started. Awfully peculiar timing considering the "boycott" and all.

nan***  (9616 )         Mar-02-08 07:38 PST       133 of 280
Also Most if not all keep you from purchasing the items.

From this post (many are developers)
http://forums.ebay.com/db2/thread.jspa?threadID=2000527568
there are several people who asked Live Help and sent emails and one got Oh there is an error and another got it is just a test.

They are c&P all the auctions they can before they disappear.

Many are notifying all the media sources they can.

vq5***  (1072 )       Mar-02-08 09:04 PST       138 of 280
Update 3/1/08: eBay spokesperson Usher Lieberman responded by email on Saturday, "This was a limited test that has run its course." I appreciate the update on a weekend and, if I learn more next week, will update this post.

dar***  (369 )      Mar-02-08 09:06 PST     139 of 280
Why did they have to "Test" THAT MANY AUCTIONS during a boycott week?

avi***  (3794 )         Mar-02-08 09:10 PST       140 of 280
Why did they have to "Test" THAT MANY AUCTIONS during a boycott week?

Exactly.

And if it were a legitimate test, there would be no reason to pull the listings.

vail***  (9944 )      Mar-02-08 09:22 PST     141 of 280
"This was a limited test that has run its course."

Such HOGWASH!!!!!!!!!!!!!

gui***  (2168 )         Mar-02-08 09:38 PST       143 of 280
"This was a limited test that has run its course."

Now that sounds like hogwash. There is a category just for test auctions, designed just for that purpose Everything Else> Test Auctions If eBay wanted to do test auctions they would have put them in there with a disclaimer not to bid. IMO that takes credibility away from this being a real test. I may buy a glitch, a hack, or a seller that has no idea what they are doing, but a test that is listed in the wrong category. And they yank it as soon as it is reported, come on, that one isn't believable.

avi***  (3794 )        Mar-02-08 10:47 PST       152 of 280
And eBay is sweeping the threads about this, the big one on the Feedie board is gone. SSDD.

Yep, the big one's gone and so is a much smaller one started after the first one disappeared. The big one at Seller Central is gone, but another with a vague title remains. A short thread at Trust and Safety is still there.

emo***  (20315 )        Mar-02-08 11:23 PST       156 of 280
"I think it might have been a test of dumping SDC items into Ebay."

Gee, what an AMAZING coincidence they picked the exact time the boycott was started, when the ENTIRE world was looking at the listing totals to see if the boycott was actually working!

Hmmmm.....

sno***  (12648 )        Mar-02-08 15:03 PST       166 of 285
Post #138 wrote that Ebay responded with: "This was a limited test that has run its course."

So, did Ebay actually ADMIT to involvement in those listings? They obviously are not test listings, we all know that.....But if they were performing some "other" form of test - perhaps - let's see...could it be inflating the number of listings test? What limited test are they talking about?

mag***  (6913 )         Mar-02-08 15:54 PST       170 of 285
I don't know why so many people are quick to ASSume that eBay is an evil corporate entity that wants to steal their souls and use them as currency whilst dealing with the Devil.

When I last checked, you were supposed to be INNOCENT until PROVEN guilty. From the bizarre, over-the-top posts on this thread, I have no idea why some of you even sell here.

I know that if I felt that strongly about eBay, I would do what Bruce is doing, and exit, stage left.

djc***  (3828 ) View Listings | Report     Mar-02-08 17:24 PST     205 of 286
It's inconsistent statements like these that leads to speculation.

 

Update 3/1/08: eBay spokesperson Usher Lieberman responded by email on Saturday, "This was a limited test that has run its course." I appreciate the update on a weekend and, if I learn more next week, will update this post.

Update: 3/2/08: eBay posted on its Systems Announcement board around 5:30 pm Eastern, "Some Shopping.com listings appeared accidentally on eBay.com over the past two days. This system issue has been resolved. We apologize for any confusion or inconvenience this may have caused."

http://blog.auctionbytes.com/cgi-bin/blog/blog.pl?/pl/2008/3/1204379814.html

gir***  (305 )        Mar-02-08 18:09 PST       217 of 286
ok the difference would be this if it was a test then ebay has comtrol over its website..the only question would be what type of test and why...this is feel ok with..............now if not a test but rather an accident then this is more of a problem...an accident is an event in which you have no control over..that would mean some one some where and some how was able to get control of the ebay computers and put all those listings on..using the same technology someone could put what ever they wanted on a millon pieces of porn or a millon pages of mad magazine etc....and also if they can control they ebay computers to do that copuld they also not use them to harvest your personal finnancial info?

oke**  (1560 )      Mar-02-08 18:11 PST     218 of 286
I don't think it was an accident, do you?

abr***  (5774 )         Mar-02-08 19:37 PST       272 of 287
If they choose to give 30 day auction style core listings numbering in the MILLIONS FOLKS, then that is perfectly legal for them to do. eBay has rules by which its members must operate, but these may be members of a DIFFERENT eBay club, and their rules may be much different than ours...

fre***  (6704 )         Mar-03-08 00:12 PST       323 of 367
I found something unusual. A new wrinkle. If you go to some of the big categories and show listings, select ending soonest and at the bottom you see, say, 7575 pages total for listings, if you type in assorted numbers HIGHER, say for example, 7578, 7586, etc you can find more of these 20-day listings which are still up but if you click them they say they are ended. However, they are still there! Also, the page numbers higher than the ones indicated are do not all appear. For example, say there is a 7592, 7593, but no 7594, no 7595, then there is a 7596, and so forth. It is very wierd. It looks like there are still thousands of such listings hidden or disguised. The "ended" listings still appear in search if you find them.

mis***  (1530 )        Mar-03-08 08:31 PST       341 of 367
You have to stop and think allot of people don't want to believe ebay is capable of wrong doing because they are afraid if they are that ebay will cease to exist soon.
I don't blame them, allot of them have there life dedicated to ebay and the sales.
I would be terrified as well if my bread and butter could soon evaporate and I really don't have a back up plan.

djc***  (3828 )        Mar-03-08 10:33 PST       363 of 368
Somebody made a comment on that auctionbyte blog about pages of no listings yesterday.

I didn't think much about it figuring it didn't mean anything. Today I started thinking about the actual item numbers and went to look around.

This is the sub categories in Clothing, Shoes & Accessories 2463944 items found in: Clothing, Shoes & Accessories

Costumes & Reenactment Attire (15661)
Cultural & Ethnic Clothing (1797)
Dancewear & Dance Shoes (7108)
Infants & Toddlers (230627)
Boys (58019)
Girls (143875)
Men's Accessories (110147)
Men's Clothing (362834)
Men's Shoes (97112)
Uniforms (13170)
Unisex Clothing, Shoes & Accs (15095)
Wedding Apparel (42330)
Women's Accessories, Handbags (241563)
Women's Clothing (812862)
Women's Shoes (242672)
Vintage (66834)
Wholesale, Large & Small Lots (6970)

If you add the numbers in each sub category, you get that 2.4 million total.

When you look inside Womens's Clothing (812862) you find 16,250 pages of items.
16,250 pages x 50 items per page is 812,500. So that sounds correct.

However, the pages above 14,446 are empty. So there are really only 722,300 items in that category.

That 16,250 pages is down from over 48,000 pages less than 24 hours ago.

Medved gets there numbers from the categories.

//
//  Video screen captures - 1 March 2008
//

http://www.youtube.com/watch?v=mePI-UWDGOE
Ebay Padding Counts w Fake Listings in Wake of Strike?

From:   cappnonymous

About This Video

This is a live screen recording of actual events on the ebay website, with altered vocals. The video portion is uncut with watermarks added, and otherwise unretouched. The vocal audio portion of this video is my opinion, based upon & validated by the facts. This curious situation has come about on ebay. here is some background and commentary. This is still very fresh. One thing clear, ebay seems to be acting to cover this up right now. This  description will be updated with more info soon. It appears as though ebay has been caught padding the listing counts with lots and lots of fake listings from questionable accounts. Many of the se accounts are showing as "Not a registered user" or NARU. Many of the listings show as not having any detals, and the format of the listings is different Some are showing as disney listings. All sorts of strange things are going on. And of course, the censorship. Captured live here on video. Related threads on ebay forums: from the Feedback board: "Is Ebay Creating Listings To Boost totals Look" from Seller Central: "Im reporting ebay's padded listings to FTC for investigation" From Seller Central: "Ebay is padding their listings" from the Auction Listings bd: "E-bay is padding their listings" From the so called "Trust & Safety" board: "Zero FB seller has 35000 Listings with no way to bid on them - VERY ODD" Here are a few of the alleged fake names as  reported and observed so far: sdc_prod_434012 = SpectrumSuperStore sdc_prod_9021_2 = Buy.com (who is NARU!) sdc_prod_9124_14 = TheNerds, Inc. sdc_prod_9452 = eTronics, Inc. sdc_prod_409455_97 = Sababa Shopping sdc_prod_9090 = CompSource Inc. sdc_prod_310426 = ANTOnline (who is NARU!) sdc_prod_9074_35 = pcRUSH.com (who is NARU!) sdc_prod_9352_67 = Digital Foto Club sdc_prod_301013_74 = The Twister Group sdc_prod_305839_99 = BargainBasementBatteries sdc_prod_9391_43 = Adorama (who is NARU!) Since I started it there, look for follow-up at the CAPP Forum: http://tinyurl.com/2wzjpc Please visit these sites before you consider using or continuing to use ebay: suspendedfromebay.com nekkidtruth.blogspot.com www.firemeg.com www.companyexposed.com www.theauctionguild.com www.pheebay.com www.ebaymotorssucks.com or you can follow the links from the cappnonymous channel page. --------------------- Note: This audio visual digital document was created using the new & improved ZDSoft Screen Recorder 2.6.2.0 and "SUPER © v2007 build .25" wmm2 & audacity on 02-29-2008 approximately 11:32:33 Pacific Time. I am using firefox 2.0012 browser with Adblock Plus NoScript Super DragandGo 0.2.6 Image Zoom 0.3 and SlimSearch 0.1.8 extensions and my "bumped" SpoofStick 1.06 among others. My skin is miniFox 0.8.2. The small magnified window is a function of microsoft wireless intellimouse explorer 2.0 model  (less) Added: March 01, 2008

 

// 
//  eBay filings to the United States Securities And Exchange Commission (SEC)
//

In regards to auction and store listing counts.

http://yahoo.brand.edgar-online.com/fetchFilingFrameset.aspx?dcn=0000950134-08-003741&Type=HTML
http://finance.yahoo.com/q/sec?s=ebay

Form 10-K for EBAY INC
29-Feb-2008
Annual Report

http://yahoo.brand.edgar-online.com/fetchFilingFrameset.aspx?dcn=0000891618-08-000046&Type=HTML
http://finance.yahoo.com/q/sec?s=ebay

Form 8-K for EBAY INC
23-Jan-2008
Results of Operations and Financial Condition, Financial Statements and Exhibits

// 
//  eBay stock price - 29 February 2008
//

http://finance.yahoo.com/q?s=eBay

EBAY INC (NasdaqGS:EBAY)

After Hours: 26.18 0.18 (0.68%) on 02/29/08
Last Trade: 26.36 Trade Time: Feb 29 Change: 0.91 (3.34%) Prev Close: 27.27 Open: 27.01 Bid: N/A Ask: 27.27 x 3000 1y Target Est: 35.22		Day's Range: 26.17 - 27.08 52wk Range: 25.64 - 40.73 Volume: 17,475,127 Avg Vol (3m): 15,744,000 Market Cap: 35.66B P/E (ttm): 104.19 EPS (ttm): 0.25 Div & Yield: N/A (N/A)

// 
//  Detail data on "sdc" sellers.
//

This data is not meant to be all inclusive. It does provide a means to verify facts, and generate leads to more information.

• Listing counts are from the eBay.com site. I.E. these are not counts from eBayExpress.com nor Shopping.com nor Half.com nor any site but eBay.com.
• For some Google archive data, see the date the item was archived.
• Use the Google "cached" option.
• To see more Google archive use the "repeat the search with the omitted results included" option.

 

News publication AuctionBytes stipulating on the record verification of at least 80,000 listings for one eBay.com seller.

http://www.auctionbytes.com/cab/abn/y08/m03/i05/s03
"the fact that when AuctionBytes looked at one Shopping.com selling account on Saturday morning, it indicated the seller had over 80,000 listings on eBay.com" Ina Steiner, 05 March 2008

sdc_prod_301013_74
aka The Twister Group  (27,291 listings 2/29/2008)
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_301013_74&ftab=AllFeedback
505 positive feedback,  0 listings 3/2/2008
Member since Oct-18-06 in Illinois, United States    
www.google.com/search?q=sdc_prod_301013_74  [Google archive, use cache link]
http://209.85.173.104/search?q=cache:nGCP4ib50X4J:search.ebay.com/_W0QQsassZsdc_prod_301013_74+sdc_prod_301013_74
"27076 items found"
http://pages.suddenlink.net/docswife/Fake_eBay_Listings2.htm
http://www.companyexposed.com/wordpress/wp-content/uploads/2008/03/ebay-seller-sdc-prod-301013-74-a-v-accessories-cables-desktop-laptop-accessories-items-on-ebaycom.png
http://www.companyexposed.com/wordpress/wp-content/uploads/2008/03/olympus-260302-evolt-e-10-starter-kit-ebay-item-200203133477-end-time-mar-26-08-14-35-44-pdt.png
http://www.companyexposed.com/wordpress/wp-content/uploads/2008/03/place-a-bid.png

sdc_prod_305839_99
aka BargainBasementBatteries 
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_305839_99&ftab=AllFeedback
7 positive feedback, 148 listings 3/2/2008
Member since Oct-30-07 in California, United States
www.google.com/search?q=sdc_prod_305839_99  [Google archive, use cache link]
http://209.85.173.104/search?q=cache:QpM59pR2JdMJ:cgi.ebay.com/RBC7-for-APC-Smart-UPS-1000XL_W0QQitemZ220205254001QQihZ012QQcategoryZ44963QQcmdZViewItem+sdc_prod_305839_99
http://209.85.173.104/search?q=cache:DS3GG6zXiPoJ:cgi.ebay.com/GP388-Two-Way-Radio-Battery-7-2-volts-Li-Ion-1400-mAh_W0QQitemZ220206831899QQihZ012QQcategoryZ35165QQcmdZViewItem+sdc_prod_305839_99
http://209.85.173.104/search?q=cache:noDieNpXPuoJ:cgi.ebay.com/ws/eBayISAPI.dll%3FViewItem%26item%3D220206820744%26ih%3D012%26category%3D46706%26ssPageName%3DWDVW%26rd%3D1+sdc_prod_305839_99
http://209.85.173.104/search?q=cache:13lDN7y4IHAJ:cgi.ebay.com/ws/eBayISAPI.dll%3FViewItem%26item%3D220206840342%26ih%3D012%26category%3D31513%26ssPageName%3DWDVW%26rd%3D1+sdc_prod_305839_99
http://209.85.173.104/search?q=cache:MVdOb-vVDPoJ:cgi.ebay.com/Aspire-1301XV-Laptop-Battery-9-6V-Ni-MH-4000mAh_W0QQitemZ220206826809QQihZ012QQcategoryZ50390QQcmdZViewItem+sdc_prod_305839_99
http://209.85.173.104/search?q=cache:9hMQHjW-HvgJ:cgi.ebay.com/Aspire-1307LC-Laptop-Battery-9-6V-Ni-MH-4000mAh_W0QQitemZ220206826435QQihZ012QQcategoryZ50390QQcmdZViewItem+sdc_prod_305839_99

sdc_prod_310426
aka ANTOnline  (21,798 listings 2/29/2008) 
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_310426&ftab=AllFeedback
0 positive feedback, 0 listings 3/2/2008, Not a registered user
Member since Feb-15-08 in Georgia, United States
www.google.com/search?q=sdc_prod_310426  [Google archive, use cache link]
395 pages, with 25 items per page. 394 x 25 = 9,850 items
http://209.85.173.104/search?q=cache:79FfxT1PdwsJ:ebay.auction.co.kr/List.html%3FUserId%3Dsdc_prod_310426+sdc_prod_310426&hl=en&ct=clnk&cd=9&gl=us
http://209.85.173.104/search?q=cache:nPDK_hOHHnYJ:cgi.ebay.com/Revlon-MoistureStay-Fast-Heat-Paraffin-Bath-RSV1212_W0QQitemZ120227712889QQihZ002QQcategoryZ33163QQcmdZViewItem+sdc_prod_310426
http://209.85.173.104/search?q=cache:h1d5zecY9ugJ:ebay.auction.co.kr/detail.html%3FitemNo%3D120225811907%26FeedBackPercent%3D0+sdc_prod_310426
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D120225811907%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=6&ct=result&prev=/search%3Fq%3Dsdc_prod_310426%26start%3D30%26hl%3Den%26safe%3Dactive%26sa%3DN
http://209.85.173.104/search?q=cache:VjhJfZtF7sAJ:ebay.auction.co.kr/detail.html%3FitemNo%3D120225360950%26FeedBackPercent%3D0+sdc_prod_310426
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D120224895939%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=9&ct=result&prev=/search%3Fq%3Dsdc_prod_310426%26start%3D30%26hl%3Den%26safe%3Dactive%26sa%3DN
http://209.85.173.104/search?q=cache:-gm9kAaw7xoJ:ebay.auction.co.kr/detail.html%3FitemNo%3D120224930838%26FeedBackPercent%3D0+sdc_prod_310426
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D120224930838%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=2&ct=result&prev=/search%3Fq%3Dsdc_prod_310426%26start%3D70%26hl%3Den%26safe%3Dactive%26sa%3DN

sdc_prod_409455_97
aka Sababa Shopping
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_409455_97&ftab=AllFeedback
104 positive feedback, 0 listings 3/2/2008
Member since Jul-16-07 in New York, United States
www.google.com/search?q=sdc_prod_409455_97  [Google archive, use cache link]
http://209.85.173.104/search?q=cache:wdbbmSkSv5YJ:cgi.ebay.com/Joe-Frazier-Signed-Everlast-Boxing-Shoe_W0QQitemZ310025760330QQihZ021QQcategoryZ27272QQcmdZViewItem+sdc_prod_409455_97
http://209.85.173.104/search?q=cache:RS6-QlnYA2sJ:cgi.ebay.com/Streamlight-Jr-Luxeon-LED-Light_W0QQitemZ310025774047QQihZ021QQcategoryZ106987QQcmdZViewItem+sdc_prod_409455_97
http://209.85.173.104/search?q=cache:oJ62cj__odoJ:cgi.ebay.com/Doh-Doh-Doh-Doh-Bushings-Red-95_W0QQitemZ310025775386QQihZ021QQcategoryZ11740QQcmdZViewItem+Sababa+Shopping

sdc_prod_434012
aka SpectrumSuperStore  (35,002 listings 2/29/2008)
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_434012&ftab=AllFeedback
0 positive feedback, 0 listings 3/2/2008
Member since Apr-11-07 in California, United States
www.google.com/search?q=sdc_prod_434012  [Google archive, use cache link]
http://i272.photobucket.com/albums/jj179/thevirginmarypretzel/paddedlistings.jpg
http://www.companyexposed.com/wordpress/wp-content/uploads/2008/03/ebaycom-seller-list-sdc_prod_434012.png
http://209.85.173.104/search?q=cache:xMl5SZU-ESsJ:cgi.ebay.com/Hybrid-Series-76-Key-Keyboard-Case-EA-BGHB-76_W0QQitemZ320222873077QQihZ011QQcategoryZ85858QQcmdZViewItem+sdc_prod_434012
http://209.85.173.104/search?q=cache:XcX-QQRk69EJ:cgi.ebay.com/WB700-ALUMINUM-WORK-BENCH-1_W0QQitemZ320222203965QQihZ011QQcategoryZ67719QQcmdZViewItem+sdc_prod_434012
http://209.85.173.104/search?q=cache:ie1RFfPfftoJ:cgi.ebay.com/ws/eBayISAPI.dll%3FViewItem%26item%3D320199419130%26ih%3D011%26category%3D41424%26ssPageName%3DWDVW%26rd%3D1+sdc_prod_434012
http://209.85.173.104/search?q=cache:kFB33ls7-SwJ:ebay.auction.co.kr/detail.html%3FitemNo%3D320220845477%26FeedBackPercent%3D0+sdc_prod_434012
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D320220845477%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=8&ct=result&prev=/search%3Fq%3Dsdc_prod_434012%26start%3D10%26hl%3Den%26client%3Dfirefox-a%26rls%3Dorg.mozilla:en-US:official%26sa%3DN

sdc_prod_442675_57
aka Boyne & Kelly L.L.C.  (4,702 listings 2/29/2008)
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_442675_57&ftab=AllFeedback
0 positive feedback, 0 listings 3/2/2008
Member since Oct-25-07 in New Jersey, United States
www.google.com/search?q=sdc_prod_442675_57  [Google archive, use cache link]
http://209.85.173.104/search?q=cache:eJS01HGdc2MJ:cgi.ebay.com/7-Wonders-of-Ancient-World-PSP_W0QQitemZ120214123226QQihZ002QQcategoryZ378QQcmdZViewItem+sdc_prod_442675_57
http://209.85.173.104/search?q=cache:W2o81DDL3EEJ:cgi.ebay.com/Luxury-Paraffin-Bath_W0QQitemZ120227861327QQihZ002QQcategoryZ33163QQcmdZViewItem+sdc_prod_442675_57
http://ebay.auction.co.kr/detail.html?itemNo=120227877849&FeedBackPercent=0
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D120227877849%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=2&ct=result&prev=/search%3Fq%3Dsdc_prod_442675_57%26hl%3Den%26safe%3Dactive
http://209.85.173.104/search?q=cache:RdTfjWou1rQJ:cgi.ebay.com/Widepath-Tempo-Upright_W0QQitemZ120213667347QQcmdZViewItem%3Fhash%3Ditem120213667347+sdc_prod_442675_57
Widepath Tempo Upright - eBay (item 120213667347 end time Mar-21 ...
http://209.85.173.104/search?q=cache:RdTfjWou1rQJ:cgi.ebay.com/Widepath-Tempo-Upright_W0QQitemZ120213667347QQcmdZViewItem%3Fhash%3Ditem120213667347+sdc_prod_442675_57
1GB 1066MHZ DIMM DDR3 - eBay (item 120224872850 end time Mar-21-08 ...
http://209.85.173.104/search?q=cache:3hWj_pz6kVQJ:cgi.ebay.com/1GB-1066MHZ-DIMM-DDR3_W0QQitemZ120224872850QQihZ002QQcategoryZ111425QQcmdZViewItem+sdc_prod_442675_57
2GB KIT 1333MHZ DDR3 - eBay (item 120226065068 end time Mar-24-08 ...
http://209.85.173.104/search?q=cache:k-5_eMw0X4kJ:cgi.ebay.com/2GB-KIT-1333MHZ-DDR3_W0QQitemZ120226065068QQihZ002QQcategoryZ111425QQcmdZViewItem+sdc_prod_442675_57

sdc_prod_9021_2
aka Buy.com  (12,233 listings 2/29/2008)
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9021_2&ftab=AllFeedback
0 positive feedback, 0 listings 3/2/2008, Not a registered user
Member since Feb-22-08 in California, United States
www.google.com/search?q=sdc_prod_9021_2  [Google archive, use cache link]
http://209.85.173.104/search?q=cache:QAXuEnq4G4wJ:cgi.ebay.com/Spalding-79465-NBA-54-Inch-Basketball-Backboard-and-R_W0QQitemZ110228789630QQihZ001QQcategoryZ21196QQcmdZViewItem+sdc_prod_9021_2
http://209.85.173.104/search?q=cache:Yd2XfmHiLA8J:cgi.ebay.com/ws/eBayISAPI.dll%3FViewItem%26item%3D110228791004%26ih%3D001%26category%3D306%26ssPageName%3DWDVW%26rd%3D1+sdc_prod_9021_2
http://209.85.173.104/search?q=cache:5MkhNRgk0uYJ:ebay.auction.co.kr/detail.html%3FitemNo%3D110228785954%26FeedBackPercent%3D0+sdc_prod_9021_2
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D110228785954%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=10&ct=result&prev=/search%3Fq%3Dsdc_prod_9021_2%26start%3D20%26hl%3Den%26safe%3Dactive%26sa%3DN
http://ebay.auction.co.kr/detail.html?itemNo=110228785954&FeedBackPercent=0
http://209.85.173.104/search?q=cache:8N4t76pH5uIJ:cgi.ebay.com/Fraudulent-and-Exaggerated-Claims-in-Pi_W0QQitemZ110228803086QQihZ001QQcategoryZ378QQcmdZViewItem+sdc_prod_9021_2

sdc_prod_9055
aka Focus Camera  (1,925 listings 2/29/2008)
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9055&ftab=AllFeedback
235 positive feedback, 0 listings 3/2/2008
Member since Oct-30-07 in New York, United States
www.google.com/search?q=sdc_prod_9055  [Google archive, use cache link]
http://209.85.173.104/search?q=cache:vL_bdzKpE-wJ:cgi.ebay.com/Canon-Printer-Ink-Canon-PGI-9-Yellow-Ink-Tank_W0QQitemZ220206475064QQihZ012QQcategoryZ51292QQcmdZViewItem+sdc_prod_9055
http://209.85.173.104/search?q=cache:OK3sbJCL5p0J:cgi.ebay.com/Canon-Printer-Ink-Canon-PGI-9-10-Color-Pack_W0QQitemZ220206475061QQihZ012QQcategoryZ51292QQcmdZViewItem+sdc_prod_9055
http://209.85.173.104/search?q=cache:Xkp36kduKuAJ:cgi.ebay.com/Kenwood-Alpine-in-Dah-CD-MP3-WAV-CD-IPOD-USB_W0QQitemZ220206476932QQihZ012QQcategoryZ307QQcmdZViewItem+sdc_prod_9055
http://209.85.173.104/search?q=cache:IbN3pjB5bN0J:cgi.ebay.com/SDI-Ihome-IH9B6R-Alarm-Clock-Radio-for-Ipod-Black_W0QQitemZ220204798292QQihZ012QQcategoryZ84082QQcmdZViewItem+sdc_prod_9055

sdc_prod_9074_35
aka pcRUSH.com   (21,401 listings 2/29/2008) 
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9074_35&ftab=AllFeedback
0 positive feedback, 0 listings 3/2/2008, Not a registered user
Member since Feb-28-08 in California, United States
www.google.com/search?q=sdc_prod_9074_35  [Google archive, use cache link]
"21481 items found"
http://209.85.173.104/search?q=cache:egtfB3spkuwJ:search.ebay.com/_W0QQsassZsdc_prod_9074_35+sdc_prod_9074_35
860 pages, 25 items per page. 859 x 25 = 21,475 items
http://209.85.173.104/search?q=cache:8kcIgg6TBCwJ:ebay.auction.co.kr/List.html%3FUserId%3Dsdc_prod_9074_35+sdc_prod_9074_35
http://www.suspendedfromebay.com/postings-archive/sdc_prod_9074_35-1.jpg
http://www.suspendedfromebay.com/postings-archive/sdc_prod_9074_35-5.jpg
Canon 3708A005AA - eBay (item 120227783548 end time Mar-29-08 :39:34 PDT)
http://209.85.173.104/search?q=cache:t83ZZsaKUBoJ:cgi.ebay.com/Canon-3708A005AA_W0QQitemZ120227783548QQihZ002QQcategoryZ61673QQcmdZViewItem+sdc_prod_9074_35
http://209.85.173.104/search?q=cache:4VE7CCkI4fMJ:ebay.auction.co.kr/detail.html%3FitemNo%3D120227765257%26FeedBackPercent%3D0+sdc_prod_9074_35
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D120227765257%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=10&ct=result&prev=/search%3Fq%3Dsdc_prod_9074_35%26start%3D10%26hl%3Den%26safe%3Dactive%26sa%3DN
http://ebay.auction.co.kr/detail.html?itemNo=120227765257&FeedBackPercent=0

sdc_prod_9090
aka CompSource Inc.  (32,601 listings 2/29/2008) 
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9090&ftab=AllFeedback
206 positive feedback, 0 listings 3/2/2008
Member since Mar-26-07 in Ohio, United States
www.google.com/search?q=sdc_prod_9090  [Google archive, use cache link]
"32601 items found"
http://209.85.173.104/search?q=cache:fVmNW6F5irIJ:search.ebay.com/_W0QQsassZsdc_prod_9090+sdc_prod_9090+-product.express.ebay.com+-ebay.auction.co.kr
1301 pages, 25 items per page. 1300 x 25 = 32,500 items
http://209.85.173.104/search?q=cache:FxeShIuGsq4J:ebay.auction.co.kr/List.html%3FUserId%3Dsdc_prod_9090+sdc_prod_9090
http://209.85.173.104/search?q=cache:p2cKr5hg4-cJ:cgi.ebay.com/Lenovo-3000-N200-Notebook-Intel-Core-2-Duo-T5250-1_W0QQitemZ370018138633QQihZ024QQcategoryZ140083QQcmdZViewItem+sdc_prod_9090+-product.express.ebay.com
http://209.85.173.104/search?q=cache:SLywt4rdRRYJ:cgi.ebay.com/Luxury-Paraffin-Bath-Revlon-MoistureStay-Fast-Heat-U_W0QQitemZ370027698377QQihZ024QQcategoryZ33163QQcmdZViewItem+sdc_prod_9090+-product.express.ebay.com
http://209.85.173.104/search?q=cache:6UblAGIUYPwJ:ebay.auction.co.kr/detail.html%3FitemNo%3D370027703589%26FeedBackPercent%3D93.2+sdc_prod_9090
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D370027703589%26FeedBackPercent%3D93.2&sa=X&oi=translate&resnum=9&ct=result&prev=/search%3Fq%3Dsdc_prod_9090%26start%3D10%26hl%3Den%26safe%3Dactive%26sa%3DN
HON Mentor Series Single Pedestal Desk - Rectangle - - eBay (item 370016020192
  end time Mar-21-08 23:28:22 PDT)
http://209.85.173.104/search?q=cache:eENzLiVfg80J:cgi.ebay.com/ws/eBayISAPI.dll%3FViewItem%26item%3D370016020192%26ih%3D024%26category%3D11832%26ssPageName%3DWDVW%26rd%3D1+sdc_prod_9090

sdc_prod_9124_14
akaTheNerds, Inc.  (48,392 listings 2/29/2008) 
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9124_14&ftab=AllFeedback
259 positive feedback, 0 listings 3/2/2008
Member since Dec-12-07 in Florida, United States
www.google.com/search?q=sdc_prod_9124_14  [Google archive, use cache link]
INDEX,LTR,#376-400,25,WE - eBay (item 120213499957 end time Mar-21-08 09:18:05 PDT
http://209.85.173.104/search?q=cache:7uI-xsGbWrcJ:cgi.ebay.com/INDEX-LTR-376-400-25-WE_W0QQitemZ120213499957QQihZ002QQcategoryZ4203QQcmdZViewItem+sdc_prod_9124_14
NOTEBOOK,5SUBCLG,11X9,AST - eBay (item 120213501400 end time Mar-21-08 09:19:12 PDT)
http://209.85.173.104/search?q=cache:L-FmypDv-oAJ:cgi.ebay.com/NOTEBOOK-5SUBCLG-11X9-AST_W0QQitemZ120213501400QQihZ002QQcategoryZ60271QQcmdZViewItem+sdc_prod_9124_14
http://209.85.173.104/search?q=cache:ZzyC1hqSDe0J:ebay.auction.co.kr/detail.html%3FitemNo%3D120213540500%26FeedBackPercent%3D97.7+sdc_prod_9124_14
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D120213540500%26FeedBackPercent%3D97.7&sa=X&oi=translate&resnum=8&ct=result&prev=/search%3Fq%3Dsdc_prod_9124_14%26start%3D60%26hl%3Den%26safe%3Dactive%26sa%3DN
http://ebay.auction.co.kr/detail.html?itemNo=120213540500&FeedBackPercent=97.7

sdc_prod_9352_67
aka Digital Foto Club  (30,278 listings 2/29/2008) 
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9352_67&ftab=AllFeedback
922 positive feedback, 0 listings 3/2/2008
Member since May-28-07 in New York, United States
www.google.com/search?q=sdc_prod_9352_67  [Google archive, use cache link]
http://209.85.173.104/search?q=cache:9TJtexR6ptsJ:ebay.auction.co.kr/detail.html%3FitemNo%3D270214141173%26FeedBackPercent%3D98.7+sdc_prod_9352_67
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D270214141173%26FeedBackPercent%3D98.7&sa=X&oi=translate&resnum=8&ct=result&prev=/search%3Fq%3Dsdc_prod_9352_67%2Bitems%2Bfor%26start%3D20%26hl%3Den%26safe%3Dactive%26sa%3DN
http://209.85.173.104/search?q=cache:xtXD8nksrckJ:cgi.ebay.com/Crosley-ST73-CH-Richmond-Entertainment-Center-Stereo_W0QQitemZ270214141288QQihZ017QQcategoryZ20488QQcmdZViewItem+sdc_prod_9352_67
http://209.85.173.104/search?q=cache:rs5hKtPhMu8J:cgi.ebay.com/Canon-Printer-Ink-Canon-PGI-9-Red-Ink-Tank_W0QQitemZ270214133563QQihZ017QQcategoryZ51292QQcmdZViewItem+sdc_prod_9352_67
http://209.85.173.104/search?q=cache:9x61N_X0Qf0J:ebay.auction.co.kr/detail.html%3FitemNo%3D270214140109%26FeedBackPercent%3D98.7+sdc_prod_9352_67
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D270214140109%26FeedBackPercent%3D98.7&sa=X&oi=translate&resnum=2&ct=result&prev=/search%3Fq%3Dsdc_prod_9352_67%2B%26start%3D490%26hl%3Den%26safe%3Dactive%26sa%3DN

sdc_prod_9391_43
aka Adorama  (11,102 listings 2/29/2008) 
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9391_43&ftab=AllFeedback
0 positive feedback, 0 listings 3/2/2008, Not a registered user
Member since Feb-22-08 in New York, United States
www.google.com/search?q=sdc_prod_9391_43  [Google archive, use cache links]
http://209.85.173.104/search?q=cache:4OzbhDP_92QJ:search.ebay.com/_W0QQsassZsdc_prod_9391_43+sdc_prod_9391_43+%22items+for+sale
http://209.85.173.104/search?q=cache:VU7vSCdRVFQJ:cgi.ebay.com/CTA-Digital-Grand-Scale-iPod-Home-Theater-Speaker-Sy_W0QQitemZ110227893470QQihZ001QQcategoryZ1499QQcmdZViewItem+sdc_prod_9391_43
http://209.85.173.104/search?q=cache:WghAkj7ZI3cJ:cgi.ebay.com/ws/eBayISAPI.dll%3FViewItem%26item%3D110227905896%26ih%3D001%26category%3D111650%26rd%3D1%26ssPageName%3Dmem_guide:5+sdc_prod_9391_43
http://209.85.173.104/search?q=cache:BgHMQo9x8vAJ:ebay.auction.co.kr/detail.html%3FitemNo%3D110227897474%26FeedBackPercent%3D0+sdc_prod_9391_43
http://translate.google.com/translate?hl=en&sl=ko&u=http://ebay.auction.co.kr/detail.html%3FitemNo%3D110227897474%26FeedBackPercent%3D0&sa=X&oi=translate&resnum=8&ct=result&prev=/search%3Fq%3Dsdc_prod_9391_43%26start%3D20%26hl%3Den%26safe%3Dactive%26sa%3DN

sdc_prod_9452
aka eTronics, Inc.  (24,499 listings 2/29/2008)
http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback2&userid=sdc_prod_9452&ftab=AllFeedback
78 positive feedback, 0 listings 3/2/2008
Member since Jul-25-07 in New York, United States
www.google.com/search?q=sdc_prod_9452  [Google archive, use cache links]
http://209.85.173.104/search?q=cache:PLDjjwBGjLoJ:cgi.ebay.com/Vicks-V965-Comfort-Flex-Digital-Thermometer_W0QQitemZ150220736330QQihZ005QQcategoryZ117026QQcmdZViewItem+sdc_prod_9452
http://209.85.173.104/search?q=cache:jOwntMKvykgJ:cgi.ebay.com/WaterPik-WP-65-Dental-System-Blue-Reservoir_W0QQitemZ150220273422QQihZ005QQcategoryZ108691QQcmdZViewItem+sdc_prod_9452
http://209.85.173.104/search?q=cache:pekb_zdKSwsJ:cgi.ebay.com/WaterPik-WP-65-Dental-System-Blue-Reservoir_W0QQitemZ150220447075QQihZ005QQcategoryZ108691QQcmdZViewItem+sdc_prod_9452
http://209.85.173.104/search?q=cache:RBjV6gcI01EJ:cgi.ebay.com/ws/eBayISAPI.dll%3FViewItem%26item%3D150220157214%26ih%3D005%26category%3D47092%26rd%3D1%26ssPageName%3DWD3+sdc_prod_9452
http://209.85.173.104/search?q=cache:HhCV1-Eh8yAJ:cgi.ebay.com/Bogen-3156-Folding-Autodolly_W0QQitemZ150219029808QQihZ005QQcategoryZ30080QQcmdZViewItem+sdc_prod_9452
http://209.85.173.104/search?q=cache:0ibMKyEJt9QJ:cgi.ebay.com/Kicker-06ZX7501-750-Watt-Mono-Amplifier_W0QQitemZ150220613724QQcmdZViewItem%3Fhash%3Ditem150220613724+sdc_prod_9452
http://209.85.173.104/search?q=cache:cuW0f2sePQAJ:cgi.ebay.com/Back-to-Basics-SE2000B-Smoothie-Elite-Smoothie-Maker_W0QQitemZ150219799501QQihZ005QQcategoryZ20668QQcmdZViewItem+sdc_prod_9452

// 
//  Complaint about the accuracy of the data in this article - 1 March 2008
//

http://forums.ebay.com/search.jspa?q=&objID=f21&dateRange=all&userID=sellitallonline

From eBay Seller Central Forum
SIGN THE PLEDGE _ NO SALES FEB 18-25!
http://forums.ebay.com/db2/thread.jspa?threadID=1000636290&start=10040

sellitallonline (2278) View Listings | Report  Mar-01-08 10:23 PST     23114 of 23164
I don't know what is going on....maybe eBay is innocent.

http://eventhorizon1984.typepad.com/event_horizon_1984_blog/2008/02/from-ebay-sel-1.html

 

sellitallonline (2278) View Listings | Report  Mar-01-08 11:53 PST     23126 of 23164
broadview1313

I don't need permission to print a link. In regard to the information on that link. Well, it is not me and if the information is correct or incorrect that would be up to eBay to decide and for them to take action against or toward the person posting on that website. If it is incorrect then I hope eBay does go after that person. I was giving a link hopefully shed some light on eBays innocents. Merry Christmas

//
//  The right to publish this type of report - U.S. Supreme Court - 1988
//

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=485&page=47

1988, CHIEF JUSTICE REHNQUIST:

At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. "[T]he [485 U.S. 46, 51] freedom to speak one's mind is not only an aspect of individual liberty - and thus a good unto itself - but also is essential to the common quest for truth and the vitality of society as a whole." Bose Corp. v. Consumers Union of United States, Inc., 466 U.S. 485, 503 -504 (1984). We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions. The First Amendment recognizes no such thing as a "false" idea. Gertz v. Robert Welch, Inc., 418 U.S. 323, 339 (1974). As Justice Holmes wrote, "when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas - that the best test of truth is the power of the thought to get itself accepted in the competition of the market . . . ." Abrams v. United States, 250 U.S. 616, 630 (1919) (dissenting opinion).

The sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold public office or those public figures who are "intimately involved in the resolution of important public questions or, by reason of their fame, shape events in areas of concern to society at large." Associated Press v. Walker, decided with Curtis Publishing Co. v. Butts, 388 U.S. 130, 164 (1967) (Warren, C. J., concurring in result). Justice Frankfurter put it succinctly in Baumgartner v. United States, 322 U.S. 665, 673 -674 (1944), when he said that "[o]ne of the prerogatives of American citizenship is the right to criticize public men and measures." Such criticism, inevitably, will not always be reasoned or moderate; public figures as well as public officials will be subject to "vehement, caustic, and sometimes unpleasantly sharp attacks," New York Times, supra, at 270. "[T]he candidate who vaunts his spotless record and sterling integrity cannot convincingly cry `Foul!' when an opponent or an industrious reporter attempts [485 U.S. 46, 52] to demonstrate the contrary." Monitor Patriot Co. v. Roy, 401 U.S. 265, 274 (1971).

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From eBay Stores Forum - Phisher Indicted - check out this article

For new newsgroup readers, these are not our forum posts. Any comments to the posters below should be made on the applicable thread, marked in bold below.

At your own risk.

eBay had previously released this thread to Google. Do a Google search using "spopa2006" or "Sergiu D. Popa" and click the 'Cached' link.

• eBay Forums: Phisher Indicted - check out this ...
  spopa2006. (2. ) View Listings | Report, Jun-26-07 13:34 PDT, 3 of 3. Listen guys. I am Sergiu D. Popa. I am that horrible guy! ...
  forums.ebay.com/db2/ thread.jspa?threadID=2000388887&tstart=0&mod=1182890093453 - 50k - Jun 26, 2007 -
• http://72.14.253.104/search?q=cache:owUsj5HqnqUJ:forums.ebay.com/db2/thread.jspa%3FthreadID%3D2000388887%26tstart%3D0%26mod%3D1182890093453+spopa2006&hl=en&ct=clnk&cd=5&gl=us
• eBay Forums: Phisher Indicted - check out this ...
  spopa2006. (2. ) View Listings | Report, Jun-26-07 13:34 PDT, 3 of 4. Listen guys. I am Sergiu D. Popa. I am that horrible guy! ...
  forums.ebay.com/db2/thread.jspa?threadID=2000388887&tstart=0&mod=1182907929201 - 51k - Jun 26, 2007 -
• http://72.14.253.104/search?q=cache:FVIQ6CbP4-0J:forums.ebay.com/db2/thread.jspa%3FthreadID%3D2000388887%26tstart%3D0%26mod%3D1182907929201+spopa2006&hl=en&ct=clnk&cd=6&gl=us
     

//

From eBay Stores Forum
Phisher Indicted - check out this article
http://forums.ebay.com/db2/thread.jspa?threadID=2000388887&start=0

.

jan**  (803 )      Jun-20-07 11:29 PDT
'Phishing' lands man in legal trouble
A Romanian immigrant was indicted Tuesday in federal court in Minneapolis on charges that he operated a computerized "phishing" scheme for several years that raked in financial records and personal identification from thousands of individuals, including many from Minnesota.

By Dan Browning, Star Tribune
Last update: June 20, 2007 – 11:35 AM

A Romanian immigrant has been indicted in federal court in Minneapolis on charges that he operated a computerized "phishing" scheme for several years that raked in financial records and personal identification from thousands of individuals, including many from Minnesota.
Sergiu Daniel Popa, 20, of Shelby Township, Michigan, was indicted Tuesday on three counts of possessing 15 or more devices designed to access data on the Internet without authorization, and three counts of aggravated identity theft.

Popa had email addresses for more than 10,000 individuals, and investigators found evidence that he planned to solicit them to visit fraudulent web sites, where they might be tricked into leaving personal information, according to a sworn statement by Theodore Theisen, a special agent with the Federal Bureau of Investigations who works on the Minnesota Cybercrimes Task Force in Minneapolis.

"One of the collections of emails consisted of addresses of TCF Bank customers," Theisen noted.

FBI agents in Minneapolis began investigating Popa and others suspected of widespread Internet thefts in the United States and elsewhere in 2005, he wrote. The heart of the alleged thefts was a phishing scheme in which unsuspecting victims are tricked into divulging personal information to what appear to be legitimate businesses.

From May 2004 through February 2007, Popa allegedly used two Yahoo email accounts and numerous phony web sites that contained computer programming code set up to collect credit card numbers and personal information, the indictment says.

Theisen says in his affidavit, which was filed in Feb. 27 and unsealed Tuesday, that Popa also had more than 7,000 identities of victims of various phishing schemes, together with bank account, credit card and Social Security numbers, and passwords for some eBay, online banking and e-mail accounts. Popa offered to sell the stolen information to others, he said.

Popa also allegedly offered to sell "a phishing/spamming toolkit" for $1,500, with step-by-step instructions, Theisen said. Authorities found one file in his Yahoo account that contained identification and credit card information for more than 5,800 victims; 96 of these had addresses in Minnesota, and 34 of them were in Hennepin County.

Popa's emails led authorities to conclude that he has worked with others in various credit card fraud and identity theft scams. In January 2005, Theisen said, Popa sent an e-mail to one individual saying, "i am a accredited vendor in underworld. i have many scams, shop admins, and many full credit cards. i can also pull up credit reports and cash out ATMs. I charge for my services but I am great provider of everything."

Popa entered the United States on a six-month visitor visa in June 2000 and overstayed his visa illegally, Theisen said. Popa has lived with his parents and on his own in New York, and after his parents divorced, he moved with his father to Michigan.

Popa was convicted of larceny by conversion on June 12, 2006, stemming from a case in Saline, Mich. He was accused of using a hijacked eBay account to trick an individual into sending him $1,448 to buy a product that didn't exist. Popa served 71 days in confinement, Theisen said.

Immigration and Customs Enforcement agents arrested him as a deportable alien in July, but he filed for permanent residency and sought to suppress his felony record for immigration purposes. The FBI filed a criminal complaint against him the day before he was scheduled to appear in immigration court for a deportation hearing.
amishgoodslogo

.

5 replies     Date posted     Reply #

.

roc**  (2313 )      Jun-20-07 16:53 PDT     1 of 5
And it ONLY took the FBI at least 2 years to arrest him. Typical. And he may still get away. And he's been an illegal alien since Jan. 2001. Geesh, how many breaks does this guy get?

Just like all those muslims involved in 9-11. The government had been watching them for years. Not that it did any good.

.

mon**  (Private )      Jun-20-07 18:16 PDT     2 of 5
Maybe he paid his taxes?

.

spopa2006  (2 ) View Listings | Report                        Jun-26-07 13:34 PDT     3 of 5

Listen guys. I am Sergiu D. Popa. I am that horrible guy!

Now let me make things a bit clear for you. First and foremost, I think that the Feds are a bit mentally challenged to put me behind bars because I have access to a lot of databases and I can predict every single move one tries to make against me.

And by the way, employing the described techniques by the newspaper article I successfully obtained about 1.1 Million dollars. I never run a Western Union Scheme as the newspaper says. I run an insurance scheme and therefore there shouldn't be any complaints. Insurances have plenty of money.

 

They also fail to mention in the newspapers reports who I really am in terms of my education and my real story. If you would really know my background and my level of education, you would probably realize that I can listen to your phone conversation, or maybe take a refinance loan on your house without you knowing. I am really appalled by the fact that you guys are making such comments on my behalf. Who are you to judge me? You guys make me laugh.

They also failed to say that I used to work as a mortgage broker and I regret the mistakes I made by scamming insurance companies but I was only 16 at the time I was doing it. I also offered to pay restitution to the Government. However, they always have to win, and they will never accept restitution because they want to prosecute me.

I have also seen a newspaper article where I was described as speaking a broken English. Let's analyze that for a second. At 14 I was teaching Differential Equations and Mechanics at a 4 yr college in New Hampshire, and by the time I was 15 I graduated high school. I am not a wannabe. As a matter of fact, I think I read more books in my life than the whole FBI Minnesota office. If the newspapers are going to write an article about me, I ask them to tell the whole truth. Call my college professors and ask them who I really am.

I know FBI, NASA, BOP and all those other government bonehead agencies are not happy when a kid who immigrated from another country penetrates their systems, but such is life. Get used to it. If in this life, we would all have an equal level of intelligence the world would come to an end. But how would you guys know that? I bet you guys never actually read a sociology, philosophy or psychology book and actually made something out of it.

 

But here is a warning to everybody who will post bogus information about me:

I will make your life a hell. Do not test me. Do not post information that is not accurate. I already have enough bad publicity and I do not want more. I want to be left alone.

This also applies to the Feds. I have been a nice guy with you, but once again, you are not smart enough to catch me for one, and I would really hate to see you guys back to stone age. How much would the Feds loose if one of their databases were to be completely deleted?

I am not an evil person, but I could be if I wanted to. Let's all live in peace and harmony. Mind your own business and I will mind my own.

Very Truly Yours,
Sergiu D. Popa

.

the***  (1381 )      Jun-26-07 18:32 PDT     4 of 5
Is this a joke?

.

spopa2006 (2 ) View Listings | Report                    Jun-26-07 23:56 PDT        5 of 5

Why would you think it is a joke? Better yet, what are the reasons for which you think this is a joke?

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From eBay - ***Reporting Value on Customs Declarations***

http://www2.ebay.com/aw/core/200608221359082.html

***Reporting Value on Customs Declarations*** 
   
August 22, 2006 | 01:59PM PST/PT

Postal administrations in several international countries have contacted the United States Postal Service about the declaration of value placed on customs forms. They have noted that in many cases, the declared value is understated when compared to the actual invoice or known value of the item, especially for sales conducted over the internet.

While this applies to sellers both on and off eBay, the USPS has asked us to remind our sellers to declare the proper value on all customs forms.

The correct value of each item is required on customs forms as it helps determine the proper duties and taxes, and whether they should be applied. Some countries will soon begin taking steps to address this issue, such as levying fines on the addressee when the declared value is
determined to be lower than the invoice.

To make sure you're complying with international regulations, please make sure the stated value on your customs declaration is supported by your invoices or other documentation.

Link to this announcement |

// 
//
//

From eBay Seller Central Forum
Read The New Announcement on Customs Declaration Forms
http://forums.ebay.com/db2/thread.jspa?threadID=2000204633&start=120


internetrailroad  (11454 )      May-07-07 17:53 PDT     131 of 134

**gosh** are we still talking about this one? I haven't been on the boards since last summer, but I've always been amazed that there are sellers who would even consider falsifying a customs form. If you have to facilitate a violation of United States federal law to sell something on eBay, maybe you shouldn't be selling things on eBay! Ya think?? I mean, I'm not the one subject to 5 years in San Quentin here, but if you have to do something illegal to close a sale, maybe you ought to get a job!

junky48  (28 )     May-30-07 21:29 PDT     132 of 134
So folks dont think another country can fine them? HAHAHAHA You better think that one over.......

Fried of mine shipped an antique oil can to Canada. It had been opened years ago and a little oil residue inside. Well it leaked and made a spot on the box. Canadian customs caught it. They reported it to the USPS.

USPS fined my friend $700.00 !!!!

He lied on the customs form and also when asked "anything fragile liquid flammable or perishable" he said no.

// 
//
//

FYI apologist post_a_note aka 20th_century_art posts spin and damage control supporting eBay ...

//

From eBay Stores Forum
Can you believe the ba**s of this buyer?
http://forums.ebay.com/db2/thread.jspa?threadID=2000465422&start=0

post_a_note (0 ) View Listings | Report                 Nov-11-07 18:25 PST                 12 of 20                     
"I would not falsify the documents, it is a Federal offense."

Probably a very serious Federal offense, on a par with sending a magazine with advertisments in it by 'media mail.' That kind of serious Federal offense.

 

Anyone in this forum who has been charged, prosecuted, fined, or convicted of mistakenly checking the 'gift' box on one of their customs forms... please raise your hand.

{crickets chirp}

As usual... mountains out of molehills.

This is a posting ID.  The views and opinions expressed here may resemble those of eBay employees or management.

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From eBay - Updated User Agreement and Privacy Policy

SEE ALSO:

    eBay User Agreement - As of 22 May 2007
    http://eventhorizon1984.typepad.com/event_horizon_1984_blog/2007/05/ebay_user_agree.html

    eBay Privacy Policy - As of 22 May 2007
    http://eventhorizon1984.typepad.com/event_horizon_1984_blog/2007/05/ebay_privacy_po.html

    eBay Privacy Policy Appendix – Third Party Access - As of 22 May 2007
    http://eventhorizon1984.typepad.com/event_horizon_1984_blog/2007/05/ebay_privacy_po_1.html

    From eBay Seller Central Forum - AdChoice - Coming Soon!
    http://eventhorizon1984.typepad.com/event_horizon_1984_blog/2007/05/from_ebay_selle_3.html

.

Online Letter From eBay.

Sun, 20 May 2007 18:25:01 -0700

..

Changes to the eBay User Agreement and Privacy Policy

Dear *,

I'm writing to let you know that the eBay User Agreement and eBay Privacy Policy have been updated, effective immediately for users registering as of May 16, 2007, and on July 9, 2007, for current users.

The rules and dispute resolution policies you originally agreed to in the User Agreement have not changed in any substantive way. We've made some changes to this agreement to make sure our legal documents are consistent with the ways our sites and services are evolving and to better meet the needs of our user community. You'll notice some changes to our "Content License" and "Abusing eBay" sections to that effect.

The new Privacy Policy, like the old one, outlines the broad categories of information we collect from you, how we use this information, and what your options are with respect to the information we collect. You'll notice a few changes to the policy, which we've made to cover new programs and site safety projects we're putting in place.

    * Combating Fraud. We're increasing our efforts to combat fraud on the site with a variety of programs. For example, we've made some changes that allow us to address "Ask a Question" and "My Messages" spam and other malicious activities using our message systems. And we're making sure our disclosures about cooperating with law enforcement allow us to respond to increasingly sophisticated fraudsters and criminals.
    * Streamlining Services. We've heard your comments about how many steps it takes to complete a transaction or get customer support where multiple eBay companies are involved. So we've made some changes that will allow our Customer Support team to help you with questions that span our companies. And we're streamlining your use of the services provided by members of the eBay corporate family, so your experience across the eBay Inc. platform will be as seamless as we can make it. Some of our new programs also mean you'll see eBay services and content in a lot of places (not just on the site), so we've made some changes to reflect that.
    * Customizing Your eBay Experience. We're rolling out programs and working with partners that help make our sites and services, and some of the ads you see on the web, more relevant and useful to you. Naturally, because we're a transparent community, we'll identify the new ads served with this program and provide you with choices about them. Beginning in July, we'll make a new preference available in My eBay--named AdChoice--that lets you tell us whether you want us to use the information we have about you to customize the ads you see. You'll be able to sign in and change your advertising preferences in My eBay at any time. You'll also notice links on the ads we serve this way, so you'll know an ad is served with the new program and be able to set your preferences right from the ad.

We hope you'll agree that these changes will make the eBay sites and services work better for you. If you accept the new User Agreement and Privacy Policy, you don't need to take any action. If you do not wish to accept the new User Agreement or Privacy Policy, please refer to our Help pages for instructions on how to close your account.

Thank you for using eBay and we look forward to many more successful transactions!

Sincerely,

Scott Shipman
Counsel -- Global Privacy Practices
eBay Inc.

...

...

For new newsgroup readers, these are not our forum posts. Any comments to the posters below should be made on the applicable thread, marked in bold below.

FYI itspostingtime posts spin and damage control for eBay ...

 

[eBay has deleted the below thread]

From eBay Stores Forum
OT: Sold Out
http://forums.ebay.com/db2/thread.jspa?threadID=2000372399&tstart=0&mod=1179764254228

oldspartantrader  (2503 )         May-21-07 01:01 PDT       6 of 40
To bad -- in the interest of TRUE CHOICE -- that we could not just opt out of participating.

The reason people come to eBAY -- To purchase widgets that we pay to have hosted -- pay to display --

Now we are paying eBAY to draw these people so that they can sell our customers to competitors.

Is a truly beautiful thing --- The cannibalism and parisitism --- masochism and sadism

I posted about these ads on the day I became aware of them -- I felt then -- and I feel now -- that they are the single biggest threat to a seller -- and the single biggest signal of eBAY direction that has been revealed.

These ads fly in the face of common sense -- dood taste -- and ethical business behavior.

When eBAY monetizes the site in this manner -- IT is stealing my work to piggy back their profits.

Carl

 

itspostingtime  (2 )        May-21-07 05:54 PDT       20 of 40
postcards,

I haven't received this announcement yet, but this language:

If you do not wish to accept the new User Agreement or Privacy Policy, please refer to our Help pages for instructions on how to close your account.

is pretty much standard for ANY User Agreement with ANY company----the initial User Agreement you agree to is likely you say something like: This Agreement is subject to revision at any time We will provide notice of any revisions (insert number) days before the changes become effective.

and then, because the changes apply to everyone , everyone has the same option.....an option identical to the option they had when they first read the original User Agreement: you can either agree to it and join, or reject it and not join/leave.

This is BASIC. There's nothing unusual about this.

As to the preference coming in July, I think its pretty clear that is an OPTION: you can go along with it or not. If you decide not to use it, that doesn't alter the User Agreement and you don't have to leave.

One thing I'm not clear on is what this means: some of the ads you see on the web It kind of sounds like they are talking about ads ebay sponsors OFF eBay ("on the web") rather than ads here, but I suppose it could mean both. I guess we'll know better come July. LOL

I do think it's fairly clear that, whatever ads they are talking about, this option is only about whether you want them customized (using data they have collected about you, which is why this is from the Privacy Dept) or whether you don't want them customized. If you opt out, it's not like ads won't appear. They'll appear, they just won't be customized for you.

 

itspostingtime  (2 )         May-21-07 06:44 PDT       27 of 40
chop,

IPT, what that might mean is that ebay will disclose our preferences to their partners and say when they're advertising ebay ads like in my yahoo mailbox ... then I'll see customized ebay ads instead of that flippin' ebay bicycle thingy

Yes, basically that's what I think they mean by customization and "ads on the web"


Might be worthwhile to find the page that talks about who they share your info with. Ebay has a page that that breaks it down and then when it changes you can compare!

Thanks for the tip, but personally I would never go to the trouble of comparing and stuff. If this is what I gather it is, it's no big deal to me. Do I mind that Amazon shows me other stuff Amazon thinks I might be interested in? No. It's the same principle. maybe I'm missing something, but nothing about this bothers me. Who knows? Maybe if I opt in I'll actually start seeing some ads that would interest me rather than the usual assortment of stuff I couldn't care less about.

turtle,

I don't see anything in the Announcement to suggest this has anything to do with placing ads on ebay LISTINGS. Where are you seeing that?

 

fai**       May-21-07 06:46 PDT       28 of 41
The Sponsored Ads, showing directly under currently running, active Core listings, have been here for quite some time. Not everyone has seen them for the past two months, although many folks have posted screen shots. They are real. Soon, everyone will see them.

Let's take a trip down Memory Lane. Remember the old days when you did a web search on Lycos, Snap, Hotbot, Web Crawler, etc? You'd get a list of links to your query and be simply drooling with anticipation of having your question answered.

You'd click on a link and the page would open...to a list of links that obviously promised an answer to your question. You thought, How Cool...more references. You'd click on one of those links and...you guessed it...another page would open that consisted of nothing more than more, frickin' links.

WTF??? You figured that one of the links had to be an actual page of Real Info, so you clicked on a few. By the 10th one, you were really pizzed. You had multiple pages open, all of them covered with links and not a single, relevant Content Item to be found.

You knew this not only Sucked (big time!), but you also knew this was not the way the web should work. What the he!! was this sort of thing, anyway?

Advertising. Advertising of advertising. Advertising of advertising, nested within pages of advertising of even more advertising.

But, where is the Product? In your case, the "product" is the answer to your question (square footage of Antarctica - shoulda just looked in an old geography book, dammit!).

This is not to say we all don't occasionally land upon one of those Link pages, even nowadays, but most modern Search Engines have weeded-out the majority. Besides, those mazes of nested advertising were an invention/result of the Booming Internet (mid-to-late 90's).

Much more than simply a "House of Cards", they were basically a whole danged development! Although this is a bit of a simplification of the facts, it does help to explain how the Boom turned to Bust, practically overnight.

Ebay will become a page of Links. A return to simpler times (tongue is firmly against check). A Gateway, if you please, to all sorts of wondrous things. Oh, and while you're here, take a look at some of the crapola listed. You'll find a listing or two squeezed between each Sponsored Ad.

Ah, but where oh where do those links take a person? Why silly, they take you to shopping comparison sites and mega-seller sites. OK, but do they actually have the product I originally searched for on ebay? Uh, maybe. Possibly. Hopefully. We don't give a shat, we got your Click Money. Begone, peasant! And be sure to come back again.


"The first company that I have ever been associated with that is both CANNIBALISTIC -- and -- PREDITORY toward every mark in sight."
~Carl

 

 

itspostingtime  (2 )        May-21-07 06:54 PDT       30 of 40
The more I think about this, the more I'm inclined to think that the ads referred to would include ads displayed here (and perhaps elsewhere). Like the banner ads at the top of some ebay pages and so forth. (I still don't think they are talking abouts ads on actual listings.)

But, the thing is, those banner ads and so forth, they are already here. They aren't going anywhere. All this seems to be doing is saying: You can choose to have the ads we show you customized for you, or not.

So, what's the big deal? The ONLY thing this seems to do is provide the customization offer. If we're going to be looking at ads anyway, some people may indeed decide they'd prefer customized ads. Those who don't opt for it, will continue to see what they've been seeing.

maybe I'm missing something, but this doesn't seem like any big deal really. A good thing for those who want the customization, and basically neutral for those who don't.

 

itspostingtime  (2 )        May-21-07 07:02 PDT       33 of 40
Dorothy,

Agreed, and that's what I'm trying to say. You can either opt into this (which means permitting ebay to use your information, so that it can customize the ads for you) or you can say "No, you can't use the info", in which case, obviously ebay cannot and will not customize the ads.

But the ads will be there no matter what, just as today.

 

itspostingtime  (2 )        May-21-07 07:12 PDT       35 of 40
turtle,

Why would they let us customize the ads if they were not on our actual listings? Dosn't make sense, does it?

Well, actually, it makes perfect sense. Advertisers love when people opt into stuff like this for the simple reason that it means the ads can be targeted more effectively. Ads that are narrowly targeted...and these would be...have a much better chance of being clicked on.

It's basically a win-win for the advertisers and the target audience member. If I opt in, (in theory) I'll see ads that will actually interest me, rather than ads that probably won't interest me. And if I am interested, I'll click through, which is good for the advertiser. And good for ebay, since it gets paid on the basis of the number of clicks.

It's basically the same idea behind Amazon's very successful "If you are interested in this book, here are some more you might like."

The point is, this is NOT about us as sellers, it's about ALL ebay registered users as ad viewers. You are not customizing the ad based on what YOU want eBay to show to OTHERS. If you opt in, you are simply saying to ebay: show ME ads based on the info you have about my interests and so forth.

 

itspostingtime  (2 )        May-21-07 07:22 PDT       37 of 40
animalpaws,

I have long thought Ina Steiner either needs an editor very, very badly, or she deliberately slants her stories to provoke people LOL (In fairness to Ina, I'm inclined to think the former. At least, most of the time. LOL)

Now, go back to the auctionbytes article and (before the entire thread goes ballistic here), click the link she provided and notice that, for example, your SS number is NOT shared with third parties.

In other words, nothing to be alarmed about, just another poorly worded sentence by Ina that could mislead people into thinking ebay hands out your SS number to third parties. To really understand what she's saying, you MUST click on the link she provides. Otherwise, it's highly misleading.

muledaddy357 ( 2301) View items for sale May-22-07 11:01:17 PDT

I went to read for myself and you are throwing out a blanket scare mesage when in all actuallity none exist.The financial information is for internal service providers only.If one were to read your post ,they would think that Ebay is selling that financila info to everybody.That is not the case.I would advise all to read the linked information rather than trying to interpret somebody's agenda in their own words.

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eBay User Agreement - As of 22 May 2007

http://pages.ebay.com/help/policies/user-agreement.html

 

Your User Agreement

The following describes the terms on which eBay offers you access to our services.

            

Introduction

Welcome to eBay. By using the services on the eBay websites (eBay.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with eBay Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international eBay companies: In countries within the European Union, your contract is with eBay Europe S.à r.l.; in all other countries, your contract is with eBay International AG. If you have any questions, please refer to the Help section on the Sites.

                   

Before you may become a member of eBay, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some eBay-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

                   

This Agreement is effective on July 9, 2007, for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on February 1, 2006.

            

Using eBay

While using the Sites, you will not:

                   

• post content or items in an inappropriate category or areas on the Sites;

• violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;

• use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;

• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

• manipulate the price of any item or interfere with other user's listings;

• circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;

• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to eBay);

• transfer your eBay account (including feedback) and User ID to another party without our consent;

• distribute or post spam, chain letters, or pyramid schemes;

• distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;

• copy, modify, or distribute content from the Sites and eBay's copyrights and trademarks; or

• harvest or otherwise collect information about users, including email addresses, without their consent.   

            

Abusing eBay

eBay and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

                   

eBay's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate.

                   

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

            

Fees and Services

Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

                   

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

            

Content License

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.

            

Liability

You will not hold eBay responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

                   

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

                   

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

            

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

            

Access and Interference

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

                   

Additionally, you agree that you will not:

                   

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of eBay and the appropriate third party, as applicable;

• interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or

• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

            

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

            

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

            

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

            

Notices

Except as explicitly stated otherwise, legal notices shall be served on eBay's national registered agent (in the case of eBay) or to the email address you provide to eBay during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

            

Resolution of Disputes

If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

                   

• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.

• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• Improperly Filed Claims - All claims you bring against eBay must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBay may recover attorneys' fees and costs up to $1000, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

            

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site:

                   

• Outage Policy - http://pages.ebay.com/help/policies/everyone-outage.html

• Prohibited, Questionable & Infringing Item Policy - http://pages.ebay.com/help/policies/items-ov.html

• Board Usage Policy - http://pages.ebay.com/help/policies/everyone-boards.html

• Listing Policy - http://pages.ebay.com/help/policies/listing-ov.html

• Investigations- http://pages.ebay.com/help/tp/programs-investigations.html

• Real Estate Policy - http://pages.ebay.com/help/policies/real-estate.html

• Community Content Policy (covers Reviews, Guides, Blog Entries, Wiki Articles, and Member-Created Product Descriptions) - http://pages.ebay.com/help/policies/member-created-content-ov.html

• eBay Groups Guidelines - http://pages.ebay.com/help/policies/group-guidelines.html

                   

Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

            

General

eBay Inc. is located at 2145 Hamilton Ave., San Jose, CA 95125. If you reside outside of the United States and registered on these Sites, the services are offered in countries within the European Union by eBay Europe S.à r.l., located at 15, rue Notre Dame, L- 2240 Luxembourg, and in all other countries by eBay International AG, located at Helvetiastrasse 15/17, 3005, Bern, Switzerland. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

                   

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the eBay Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

                   

You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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eBay Privacy Policy Appendix – Third Party Access - As of 22 May 2007

http://pages.ebay.com/help/policies/privacy-appendix.html

eBay Privacy Policy Appendix – Third Party Access

How third parties may have access to information you disclose to eBay

The following chart describes how we use your information and allow third parties access to the information you disclose to eBay.

eBay will not sell or rent your personal information to third parties for their marketing purposes, and will only disclose your information in accordance with our Privacy Policy and/or with your explicit consent. We do not share your personal information with advertisers.

For more information, we encourage you to review our Privacy Policy Summary. For a full version, see our Privacy Policy.

                   

Note: Columns, in the table below, with a “Yes” means the information is available in accordance with restrictions outlined in the Privacy Policy.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

Type of Information	Property Rights Owners (VeRO) Members	Internal Service Providers	Public View	Users in a Transaction	Law Enforcement and Government Agencies
Contact Information
Full Name	Yes	Yes		Yes	Yes
User ID	Yes	Yes	Yes	Yes	Yes
Email Address	Yes	Yes		Yes	Yes
Street Address	Yes	Yes		Yes	Yes
State	Yes	Yes	Yes	Yes	Yes
City	Yes	Yes		Yes	Yes
Zip Code	Yes	Yes		Yes	Yes
Phone Number	Yes	Yes		Yes	Yes
Country	Yes	Yes	Yes	Yes	Yes
Company	Yes	Yes		Yes	Yes
Password
Area of Interest		Yes
Interested in eBay Survey		Yes
Age Range		Yes
Education		Yes
Preferred Activity		Yes
Household Income		Yes
Secondary Phone		Yes			Yes
Gender		Yes
FAXes		Yes			Yes
How Did You Hear?		Yes
Miscellaneous Marketing Questions		Yes
Personal or Business		Yes
Personal Correspondence		Yes
Financial Information
Credit Card Number(s)		Yes
Expiration Date		Yes
Billing Address		Yes		Yes
Bank Account Number		Yes
Social Security Number		Yes
Deposit Account Number		Yes		Yes
Billing Account History		Yes
Shipping Information
Name		Yes		Yes	Yes
Street Address		Yes		Yes	Yes
City		Yes		Yes	Yes
State		Yes		Yes	Yes
Zip		Yes		Yes	Yes
Transaction Information
Bidding History on an Item		Yes	Yes	Yes	Yes
Other Items for Sale		Yes	Yes	Yes	Yes
Feedback about User		Yes	Yes	Yes	Yes
Bidding History of a User		Yes	Yes	Yes	Yes
Prices Paid for Items		Yes	Yes	Yes	Yes
Feedback Rating		Yes	Yes	Yes	Yes
Chat Room/Bulletin Board		Yes		Yes
Computer Generated Data
IP Address		Yes
Cookie		Yes
Browser Type		Yes
Pages Viewed		Yes
URL of Next Web Site		Yes
URL of Last Web Site		Yes
Operating System		Yes
Hour of Day		Yes
Domain Type		Yes
Service Provider		Yes
Miscellaneous
Fraud Form		Yes		Yes	Yes
Third Party Data		Yes
Secret Question and Answer		Yes

 

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eBay Privacy Policy - As of 22 May 2007

http://pages.ebay.com/help/policies/privacy-policy.html

eBay Privacy Policy

This policy tells you about how we use and protect your personal information. To see a summary of this policy, and for more information to answer your privacy concerns, please go to our Privacy Central page. We are a TRUSTe licensee. If we do not respond to your question, please contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. For more information on TRUSTe, please go to www.truste.org. The TRUSTe program covers only information that is collected through the websites covered by this policy. It does not cover information that may be collected through software downloaded from these sites.

                   

                   

Contents

                   

• Scope
• Collection
• Marketing
• Use
• Our Disclosure of Your Information
• Activity Associated with User IDs
• Using Information from eBay
• Cookies
• No Spam, Spyware or Spoofing
• Account Protection
• Accessing, Reviewing and Changing Your Personal Information
• Security
• Third Parties
• General

            

Scope

This Privacy Policy describes how we handle your personal information for our services on the eBay websites. It applies generally to the eBay.com website and other related websites where this policy appears in the footer of the page. Some eBay-branded websites or websites we operate may be governed by separate privacy policies. The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website.

                   

Our subsidiaries’ and joint ventures’ privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global eBay trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on July 9, 2007.

            

Collection

You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

                   

We may collect and store the following personal information:

                   

• email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
• transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);
• shipping, billing and other information you provide to purchase or ship an item;
• community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;
• other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
• information from other companies, such as demographic and traffic data; and
• other supplemental information from third parties (for example, if you incur a debt to eBay, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law; or if the information you provide cannot be verified, we may ask you to send us additional information, such as your driver license, credit card statement, or a recent utility bill or other information confirming your address, or to answer additional questions online to help verify your information).

            

Marketing

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference once you sign-on in My eBay (or similar account status page) or by following the directions provided in an email or from a link on the advertisement.

            

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

                   

• provide the services and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our User Agreement;
• customize, measure, and improve our services and the Sites' content and advertising;
• tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and
• compare information for accuracy, and verify it with third parties.

            

Our Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety.

                   

We may also share your personal information with:

                   

• Members of our corporate family to help detect and prevent potentially illegal acts and provide joint content and services (for example, registration, transactions and customer support). Our corporate affiliates will send marketing communications only to users who request these services.
• Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
• Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.
• eBay VeRO Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, zip code, country, phone number, email address and company name.
• Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

                   

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

            

Activity Associated with User IDs

Your User ID is displayed throughout eBay and is therefore available to the public. All of your activity on our sites is traceable to your User ID. Other people can see your bids, items that you have purchased in the past, items for sale, storefronts, feedback, ratings and associated comments, and so on. Notices are sent to other community members regarding suspicious activity and policy violations on our sites and refer to User IDs and specific items. Therefore, if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your eBay activities.

            

Using Information from eBay

eBay enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

                   

You agree to use user information only for:

                   

• eBay transaction-related purposes that are not unsolicited commercial messages;
• using services offered through eBay (e.g. escrow, insurance, shipping and fraud complaints), or
• other purposes that a user expressly chooses.

            

Cookies

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety. For more information about why we use cookies, see Cookies, Web Beacons, and Your                         Privacy.

                   

A few important things you should know about cookies are that:

                   

• We offer certain features that are available only through the use of cookies.
• We use cookies to help identify you and maintain your signed-in status.
• Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
• You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

            

No Spam, Spyware or Spoofing

We and our users do not tolerate spam. Make sure to set your eBay notification preferences so we communicate to you as you prefer. You are not licensed to add other eBay users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report eBay-related spam or spoof emails to eBay, please forward the email to [email protected] or [email protected]. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

            

Account Protection

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your eBay password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify eBay and change your password.

            

Accessing, Reviewing and Changing Your Personal Information

You can see, review and change most of your personal information by signing on to eBay. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our eBay User Agreement, and take other actions otherwise permitted by law.

            

Security

Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

            

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. eBay does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

            

General

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the Site. In addition, we will notify you through the eBay Message Center. If your questions are not answered online, you may write to us at: eBay Inc. Attn: Legal - Global Privacy Practices, 2145 Hamilton Avenue, San Jose, California 95125, or using the Contact Us form.

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