Subject:
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Re: States Go After Online Auctions; $1000 fines
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Newsgroups:
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lugnet.market.auction
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Date:
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Wed, 15 Dec 1999 20:31:16 GMT
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Viewed:
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446 times
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In lugnet.market.auction, James Brown writes:
> 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.
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 licenced auctioneer to auction off
your items? You tell him/her any reserves, etc., that you have before the
auction, they take the bids, they hand you the results. You deal with the
people when the auction is done, the auctioneer has no responsibility for
that... and by the time it's handed back to the seller, it's no longer in the
form of an auction, but a straight sale. One difference being that you can
modify the auction information, restrictions, etc DURING the auction, but I
don't think that turns the seller into an auctioneer. I think the best
question would be what are the exact law's words? As it was quoted on Lugnet,
it seemed to suggest that the auctioneer as a person was 'responsible', not the
holder of the auction, although we don't have the lawbook right here... But I
think I'd argue that as an ebay seller, I'm hiring ebay to auction my items.
Perhaps that in itself has legal issues, but I don't think they've been brought
up to yet, if so...
Anyway, it seems to me like the more major problem is public access and
awareness to the auction (considering that it was mentioned as a factor)... not
everyone has access to the web... although it could be argued, I guess, that as
long as there's at least 1 terminal out there with a guest account that has
access to the web, that's public enough.... but again, that's a matter of what
we call "public"...
just my $.02...
DaveE
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Message has 1 Reply:
 | | Re: States Go After Online Auctions; $1000 fines
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| (...) 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)
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Message is in Reply To:
| | Re: States Go After Online Auctions; $1000 fines
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| (...) 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)
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