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Subject: 
Re: States Go After Online Auctions; $1000 fines
Newsgroups: 
lugnet.market.auction
Date: 
Wed, 15 Dec 1999 20:03:09 GMT
Viewed: 
400 times
  
In lugnet.market.auction, Frank Filz writes:
James Brown wrote:

In lugnet.market.auction, Frank Filz writes:
Jim Piccuito wrote:

In lugnet.market.auction, Scott Arthur writes:
Can it not be argued that it is ebay that is doing the auctioning?

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.

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 estate.

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.

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.

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 things) one
of the ways eBay avoids responsibility for pretty much anything that happens
there.

James
http://www.shades-of-night.com/lego/



Message has 2 Replies:
  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)

Message is in Reply To:
  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)

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