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  Re: States Go After Online Auctions; $1000 fines
 
Can it not be argued that it is ebay that is doing the auctioning? (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) Sorry to say but, Ebay is a server they provide the services we are the ones in control of the auctions we sell. Just like a web page, AOL, ect. is the server. You are the one that controls the page. (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) No, eBay is the auctioneer. You don't submit bids to the sellers, you submit bids to eBay. I doubt you need to get a license (which in NC requires training and passing a test) to hire an auctioneer to dispose of poor deceased aunt Mary's (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) Actually, no. Ebay is "only a venue" - which is the electronic equivalent of an auction house. They provide a "place" and advertising, whereas any actual auctioning that's done is by the people who buy time. James (URL) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) If I am the auctioneer, and not eBay, then why can't I set the terms of bidding (minimum raises, how the auction ends, etc)? It seems to me that semantically, eBay is the auctioneer. (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) I think there are arguments against that. eBay must just provide the service, but they also run the auction. The seller sets some of the parameters (starting bid, duration of auction, visibility), but the seller does not set bid increments, (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) (starting (...) While I would never underestimate the grasping perfidity of a politician of any party other than Libertarian, this may well be one of those urban legends in the making. One which, 8 months from now, we will equate to the "Post (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) ones (...) the (...) Ebay determines the conditions under which you may auction things using their venue (including min bids, increments, etc), but they do not actually auction anything. They sell eSpace to auctioneers. This is (among other (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) Sorry to jump in... just putting in $.02-- I'm of the mind to think that legally, it could be arguable that ebay is doing the actual auctioning... I think the best argument is the one previously presented: how is it different from hiring a (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) But isn't that analogous to real-world auction houses? They typically aren't actually auctioning anything either, just providing a venue and a caller (didn't want to call them auctioneers to avoid term confusion) in exchange for a percentage (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) Hmm. I hadn't been arguing this in a legal sense, actually. Legally I haven't a clue who's doing what. :) My main reason for thinking the auctioneer is the seller is that all eBay provides is an interface between buyers and sellers. Any (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) The difference is that eBay (unlike a caller) isn't doing any flogging/promotion for the item. That's my main point. eBay provides an interface, but that's it. My other point (only implied, mostly) is that eBay will (IMHO) promote the idea (...) (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) I'll have to dig up the article in our paper. I'm not sure who they were actually using for source material. The article seemed serious, and it seemed like it was researched and not just someone rambling. (25 years ago, 15-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) Which is fine until someone somes along and tries to sell something not within the TOS. Then eBay 'censors' the seller & auction by removing it. eBay is trying to walk a fine-line between having no responsibility (a common-carrier auction site (...) (25 years ago, 16-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
(...) I'd say this was real, here is the text of an announcement from eBay: (...) copied from (URL) Frank Filz ---...--- Work: mailto:ffilz@us.ibm.com (business only please) Home: mailto:ffilz@mindspring.com (25 years ago, 16-Dec-99, to lugnet.market.auction)
 
  Re: States Go After Online Auctions; $1000 fines
 
Thanks for pointing this out, Frank. How's that for closure? Do we know anybody in North Carolina who could be nudged into writing their legislators? In lugnet.market.auction, Frank Filz writes: (e-bay annoucement copied from (URL) (25 years ago, 16-Dec-99, to lugnet.market.auction)

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