An Ebayer to watch

[Bromo33333]

Not true. A second or subsequent identity is easily arranged. The legal (given) name and address of the individual is the only valid identification. I have not provided anything other than my experience with this individual. That is a matter of record since I was a party to the action. If that had not been a party to the action than that would have comprised hearsay and been subject to legal action. However please be advised should I be legally confronted on this matter, I will do my utmost own everything that this guy owns and will ever hope to own.

Legal opinions and judgements are best left to courts of law.

One of the tests to see if you have defamed someone is if you go beyond the minimum information - and that line was crossed. Defamation charges may be leveled and won even if the content of the defaming statement is true.

Counter suing is a bad strategy, avoiding lawsuits in the first place by behaving is much better, and cheaper. With lawyer fees the way they are, even a lawsuit that is dismissed may cost thousands of dollars in lawyer and court fees to the defendant.

Never invite a lawsuit.

 

[kb244]

Ahhh...why would I imagine that you, who have no dog in this fight, would mind your own affairs?

Well like with many things , theres hersey. Most of these bickering have to be taken with a grain of salt as theres always two sides to a story, or two faults to a problem.

You opened the can of worms by bickering bout the seller, its not exactly unfair of someone to ask how yourself may have conducted business with the guy.

 

[kb244]

...
Never invite a lawsuit.

In the end (in most cases) a lawsuit only benefit the lawyer.

 

[JHannon]

Donald, I appreciate your post about this ebay seller.

I saw some of this guy's auctions when I was looking for a lensboard for my Tachihara. He seemed to have many positive feedbacks but the few negs were ugly and were handled erratcly so I avoided him. Quite a few people both here and on QT's Large format site seem to have bad experiences with this seller so there must be something going on.

I wound up making my own lensboards with thin sheet aluminum from the hardware store.

 

[Sean]

I've read of people on ebay being sued for leaving negative feedback, and losing.

 

[John Bartley]

.....
Anyone know anyone who comes even close in price? .....

That's going to be a problem for anyone who wants to make lensboards and not go bankrupt . He was selling them for US$8 and now I see he's up to US$10. They're not hard to make, but by the time you accurately count your costs ...all of them including, wood, gas to get it, hydro, packaging for shipment, gas to the Post Office etc..., I wouldn't even start the table saw for $10.00 if it was a business venture.

However .... if anyone in APUG-land needs a lensboard, can't find another supplier and can supply accurate measurements, I'll make one and ship it to them for material and postage cost.

cheers

 

[Donald Miller]

Another site has a quite a few folks who have reported similar experiences to mine with the same seller.

What was really interesting to me was on the other site, no one has apparently found my post there to be legally irresponsible even though it is a direct copy of my post here. Maybe that occurred because no one there is an attorney or contends to be...or, on the other hand, maybe there really are some attorneys present...regardless, my intent was and remains that the money is not that big a deal. On the other hand, the language and the rip off is. Caveat emptor.

 

[Bromo33333]

Another site has a quite a few folks who have reported similar experiences to mine with the same seller.

What was really interesting to me was on the other site, no one has apparently found my post there to be legally irresponsible even though it is a direct copy of my post here. Maybe that occurred because no one there is an attorney or contends to be...or, on the other hand, maybe there really are some attorneys present...regardless, my intent was and remains that the money is not that big a deal. On the other hand, the language and the rip off is. Caveat emptor.

Perhaps we're more interested in politeness as well as fair play?

Also if you have found a more sympathetic forum - that's wonderful!

 

[moose10101]

Legal opinions and judgements are best left to courts of law.

Since this comment included a quote from me, I can only assume it was directed at me. If you can indicate where in this thread I gave any legal opinion, I would appreciate it, because I don't recall doing so. I only quoted eBay's rules, which you agreed to abide by. If you don't mind risking your membership, that's fine by me.

And I could care less that people on another site, which may allow bashing of sellers regardless of facts, didn't bother to point out the relevant passage in the eBay User Agreement. Bash away.

 

[Bromo33333]

You are correct when you say that you are not an attorney. Perhaps you had better check with an attorney as to the basis of libel and/or slander. I assure you that I am not on shakey ground because there is a basis in fact of my allegations.

The main issue is by revealing someone' 'private information' this would include name, address and so on, in a unflattering light can get you in legal trouble. You didn't pay attention to my link before, so here it is again:

I am putting it below:
LINK1

I fear I won't be agreeing with you on this one unless you can show me by how when you publish details of a private person in a defaming way, you are in a legal safe harbor.

I still think you would have been just as effective by just revealing the person's eBay name, and not violating the eBay TOS.

 

[Stew Squires]

Color Film always existed. It's just the world was always black and white till recently.

Karl,

This is from one of my favorite Calvin and Hobbes strips. Great tagline!

Stew

 

[Eric Rose]

Only in America would you find people getting all bent out of shape over a considerate gesture. Don's a big boy I'm sure he doesn't need the legal wannabes to look over his shoulder.

How ridiculous. Thanks Don for the warning.

 

[Dave Parker]

The main issue is by revealing someone' 'private information' this would include name, address and so on, in a unflattering light can get you in legal trouble. You didn't pay attention to my link before, so here it is again:

I am putting it below:
LINK1

Your name is not private information, any other information the argument could be made for private information, but again, your name is not private, you, and anyone else in the course of everyday life offer your name freely..as long as I am willing to pay the price, I can go to any state in the US and pay the fee and get your birth cert ....Names and sir names are not private...As far as TOS, it may be ebays TOS, but it sure is not the laws TOS, anybody has the right to ask my name and of course I have the right to refuse to give it, unless it is a government agent, and even then I can refuse, but would not want to suffer the ramifications...Donald did not disclose anything that was considered private, he disclosed a first and last name as well as a user name..

And yes, I have read the links, I have been in the courts...but again, your name is not private, I don't care what ebay says..

Dave

 

[Donald Miller]

Well like with many things , theres hersey. Most of these bickering have to be taken with a grain of salt as theres always two sides to a story, or two faults to a problem.

You opened the can of worms by bickering bout the seller, its not exactly unfair of someone to ask how yourself may have conducted business with the guy.

Karl,

I am willing to grant you the latitude that you probably don't know all of the history behind the comment that I addressed...and, then you went on to pick up the lance. For the reason that you probably don't know the history, I will not tell you what first comes to mind.

For your information the four letter F words and the seven letter A words were all forthcoming from the seller when I asked him to send me the merchandise that I had bought and paid for several weeks ago. When I offered to trace the payment that he lied and said had not arrived, he went ballistic. His use of these derogatory terms were numerous, prolific, and redundantly indicative of his lack of knowledge of his native language.. I did not respond in kind, even though I was tempted when I received all six emails of like kind from the seller.

So I hope that answers your questions about how I conducted myself.

Were my experience isolated and solitary, I would have dealt with this matter via the resources available to me. I imagine there would be those who would have found fault with me had I not said anything and then when the next person experienced this in dealing with this seller and I would have then stated..."oh that happened to me too".

Some people are not satisfied no matter what one does...there are those who are excellent albeit uniformed "Monday Morning Quarterbacks"

 

[kb244]

Karl,

I am willing to grant you the latitude that you probably don't know all of the history behind the comment that I addressed...and, then you went on to pick up the lance. For the reason that you probably don't know the history, I will not tell you what first comes to mind.

For your information the four letter F words and the seven letter A words were all forthcoming from the seller when I asked him to send me the merchandise that I had bought and paid for several weeks ago. When I offered to trace the payment that he lied and said had not arrived, he went ballistic. His use of these derogatory terms were numerous, prolific, and redundantly indicative of his lack of knowledge of his native language.. I did not respond in kind, even though I was tempted when I received all six emails of like kind from the seller.

So I hope that answers your questions about how I conducted myself.

Were my experience isolated and solitary, I would have dealt with this matter via the resources available to me. I imagine there would be those who would have found fault with me had I not said anything and then when the next person experienced this in dealing with this seller and I would have then stated..."oh that happened to me too".

Some people are not satisfied no matter what one does...there are those who are excellent albeit uniformed "Monday Morning Quarterbacks"

I said what I did in response to you seemingly getting on someone case about inquiring. No offense or attack intended, but its still true that like anything theres always two sides. The seller to my knowledge has admitted he flew off the handle (probally the most stupid thing a 'seller' or anyone conducting business can do).