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Ebay article: 7/09 COINage- Faked Out
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<p>[QUOTE="NPCoin, post: 628663, member: 5629"]Neither do I, but the biggest problem is not the knowledgeable coin connoisseur, but grandma or grandpa, or even ma and pa, who go onto eBay to look for a great present for their coin collecting young'un. It is the ignorant* who are left with the chaff.</p><p><br /></p><p><br /></p><p>The owner of the building at your local coin shop may very well also be providing a venue for the sale of counterfeit merchandise. Does this mean that the building owner's activities of renting the building to a coin dealer who sells some counterfeits is committing illegal actions?</p><p><br /></p><p>Why does an ISP not get towed into court when a computer cracker is caught and arrested? The ISP provided the service and venue for the cracker to conduct his illegal activity.</p><p><br /></p><p>The point is, eBay is a venue. I have even used this very fact in dealing with eBay and PayPal a few times when they tried to interfere with a contract. Regardless, eBay does have and implements policies against illegal activity on their venue.</p><p><br /></p><p><br /></p><p>Here is the problem. Your definition of sufficiency in prevention may not necessarily be that of others. If such an item came before a competent jury, do you truly believe that there is the greater chance of convincing them that your definition is any better than eBay's? This is where the fight is. If you can convince a jury to your side on this issue, then the case against eBay would be much stronger.</p><p><br /></p><p>In the Tiffany case, one of the issues was that of counterfeiting. Tiffany made the same arguments that eBay's active role against counterfeits was not sufficient. The court disagreed. This is the point that the "battleground" will most likely stand.</p><p><br /></p><p><br /></p><p><font size="1">*<i>ignorant</i>: Destitute of knowledge; uninstructed or uninformed; untaught; unenlightened.</font>[/QUOTE]</p><p><br /></p>
[QUOTE="NPCoin, post: 628663, member: 5629"]Neither do I, but the biggest problem is not the knowledgeable coin connoisseur, but grandma or grandpa, or even ma and pa, who go onto eBay to look for a great present for their coin collecting young'un. It is the ignorant* who are left with the chaff. The owner of the building at your local coin shop may very well also be providing a venue for the sale of counterfeit merchandise. Does this mean that the building owner's activities of renting the building to a coin dealer who sells some counterfeits is committing illegal actions? Why does an ISP not get towed into court when a computer cracker is caught and arrested? The ISP provided the service and venue for the cracker to conduct his illegal activity. The point is, eBay is a venue. I have even used this very fact in dealing with eBay and PayPal a few times when they tried to interfere with a contract. Regardless, eBay does have and implements policies against illegal activity on their venue. Here is the problem. Your definition of sufficiency in prevention may not necessarily be that of others. If such an item came before a competent jury, do you truly believe that there is the greater chance of convincing them that your definition is any better than eBay's? This is where the fight is. If you can convince a jury to your side on this issue, then the case against eBay would be much stronger. In the Tiffany case, one of the issues was that of counterfeiting. Tiffany made the same arguments that eBay's active role against counterfeits was not sufficient. The court disagreed. This is the point that the "battleground" will most likely stand. [SIZE="1"]*[I]ignorant[/I]: Destitute of knowledge; uninstructed or uninformed; untaught; unenlightened.[/SIZE][/QUOTE]
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