An Ebayer to watch

[kb244]

Well we learn something new every day don't we

 

[moose10101]

Oaklanlenscom.

The sellers name is XXXXXXXX located in XXXXXXXXX.

Deal with this person only at your own peril.

From eBay's web site:

Publishing contact information of another eBay member in any online public area is not permitted.

It wasn't necessary to give out personal info; the user name would have been sufficient. BTW, I think you mis-spelled it.

 

[Dave Parker]

From eBay's web site:

Publishing contact information of another eBay member in any online public area is not permitted.

It wasn't necessary to give out personal info; the user name would have been sufficient. BTW, I think you mis-spelled it.

And ebay is going to do what....because there was an alert published about him? Ebay can't dictate what is done on another website.....that is funny..

LOL



Dave

 

[Bromo33333]

And ebay is going to do what....because there was an alert published about him? Ebay can't dictate what is done on another website.....that is funny..

They can revoke/suspend your eBay account if reported. After all it is their website with their TOS...

It is also a violation of privacy which is uncool, even if you think the guy might be trying to rip you off.

 

[Dave Parker]

They can revoke/suspend your eBay account if reported. After all it is their website with their TOS...

It is also a violation of privacy which is uncool, even if you think the guy might be trying to rip you off.

As pretty much all information now a days is in databases attached to the internet, there is no violation of privacy, if you think there is, then you are mistaken, yes they can suspend a member, but your name and most of the time you address, your history and such are now considered public record, so other than suspension on the ebay website, there is not much that can be done....because publishing someones name is not a violation of privacy. In fact ebay in their own sense is publishing the same information with their feedback forum, because if you are a seller or a buyer, you can request the information attached to a username, so they are in a sense violating their own policies by makeing so called "Private" information available in a public nature..

Dave

 

[Bromo33333]

As pretty much all information now a days is in databases attached to the internet, there is no violation of privacy, if you think there is, then you are mistaken, yes they can suspend a member, but your name and most of the time you address, your history and such are now considered public record, so other than suspension on the ebay website, there is not much that can be done....because publishing someones name is not a violation of privacy. In fact ebay in their own sense is publishing the same information with their feedback forum, because if you are a seller or a buyer, you can request the information attached to a username, so they are in a sense violating their own policies by makeing so called "Private" information available in a public nature..

If you were ever to be revoked, you can tell them that in your appeal.

Whether the genie is out of the bag or not - if someone were to get hurt and it could be traced to you publishing personal information about you on the web - not only could you face charges (and even if cleared, all the expense and time wasted) - it does not make what was done the right thing to do. Period. You might also face slander or libel charges (forget which is for which crime).

This sounds like: "Sure I stole the TV, officer, the guy didn't put the right locks on his door and I saw the key under the doormat" is not a good defense.

 

[moose10101]

And ebay is going to do what....because there was an alert published about him? Ebay can't dictate what is done on another website.....that is funny..

LOL

Glad it's funny to you, Dave. eBay can and does permanently suspend users who give out personal contact info. They seem to care more about that than anything else, including Nigerian scammers. I didn't want to see an APUG member get hung up because of this.

All Donald has to do is give out the ID, nothing else.

 

[Dave Parker]

Ok, what ever, as a very large online seller of products, I have been involved in quite a few of these little spats, and getting revoked on ebay, cause you pissed the gods off is no big deal, ebay revokes and suspends people at a whim for just about anything, they also let real offenders go for ever...

I never said it was right or wrong, that don't seem to matter now a days, I know if someone posts derogitory information about me or my company as long as they are not slandering me, there is not a whole hell of a lot I can do about it...I know, because I have tried...

Name, address and city as well as phone number is not considered private information any longer...and as long as ebay requires you verify your information and they are willing to provide it to others..they, other than not letting you be a member of their website, can't do a darn thing..also another thing to take into consideration and I have experianced it, authorities will look at your case based on the number of transactions you have complete IE feedback and say your in business, and being in business changes a whole bunch of things when people try to access your information, in addition to other things that may happen because they have determined your in business..

Dave

 

[jd callow]

All Donald has to do is give out the ID, nothing else.

I agree and edited the original post.

 

[Dave Parker]

Glad it's funny to you, Dave. eBay can and does permanently suspend users who give out personal contact info. They seem to care more about that than anything else, including Nigerian scammers. I didn't want to see an APUG member get hung up because of this.

All Donald has to do is give out the ID, nothing else.

If I win an auction by this individual and request the information, Ebay will provide the information...I have tried when people publish my information to get it taken off the web and been told it is public information by the authorities...again other than suspension ebay can't dictate what someone does on another website....

I never made a statement whether right or wrong...but that is the reality......

 

[kb244]

As pretty much all information now a days is in databases attached to the internet, there is no violation of privacy, if you think there is, then you are mistaken, yes they can suspend a member, but your name and most of the time you address, your history and such are now considered public record, so other than suspension on the ebay website, there is not much that can be done....because publishing someones name is not a violation of privacy. In fact ebay in their own sense is publishing the same information with their feedback forum, because if you are a seller or a buyer, you can request the information attached to a username, so they are in a sense violating their own policies by makeing so called "Private" information available in a public nature..

Dave

If its written into their TOS, then they can do it pretty much, since businesses and memberships are not exactly a democracy just like message boards, an administrator can ban you, and its not like you can scream "yer violating my first amendment rights".

What I'm curious about however, is how they dictate or judge things based on outside ebay information. Since such and such on apug might have a similar username as someone on ebay but is not that exact person.

It would be much like when a school suspended a bunch of students for viewing a particular student's MySpace profile, even tho they viewed this page from the comfort of their own home, not in a school library or computer lab.

 

[moose10101]

again other than suspension ebay can't dictate what someone does on another website....

Where did anyone say otherwise?

 

[Dave Parker]

If its written into their TOS, then they can do it pretty much, since businesses and memberships are not exactly a democracy just like message boards, an administrator can ban you, and its not like you can scream "yer violating my first amendment rights".

I agree Karl, other than kicking you off the site, which now a days don't seem to be a big deal, they can't do anything, hell I host over 400 domain names on our servers for our clients, I can register so many different ways it is not funny...

Again, I did not make a right or wrong judgement, just published the facts as they are now a days on the internet, the first time you log on the net, you are public...plain and simple..

Dave

 

[Dave Parker]

Where did anyone say otherwise?

I didn't say anyone did....

Dave

 

[Bromo33333]

Name, address and city as well as phone number is not considered private information any longer...[...]

I think context is everything - if a radio host were to say your name and number and address and that you were a bad person - and you got beat up and your house vandalized - you would have a right to sue and would probably win.

The "these things are not private information" would be a rather flimsy defense.

 

[Bromo33333]

Again, I did not make a right or wrong judgement, just published the facts as they are now a days on the internet, the first time you log on the net, you are public...plain and simple..

Dave

Do we have any court precedent that would make broadcasting a person's personal details with some sort of bad (even if truthful) message across bbs's 'safe harbour' behavior?

Here is a link about it: LINK1
Another one:LINK2
Yet a third (this is closest to what you said, though it is pretty clear that defamation, even if 'true' may be something you could get sued):LINK3

I didn't find anything that would support what you said - can you elaborate?

 

[moose10101]

I didn't say anyone did....

Dave

There are easier ways to agree with someone.

 

[Dave Parker]

Do we have any court precedent that would make broadcasting a person's personal details with some sort of bad (even if truthful) message across bbs's 'safe harbour' behavior?

Here is a link about it: LINK1
Another one:LINK2
Yet a third (this is closest to what you said, though it is pretty clear that defamation, even if 'true' may be something you could get sued):LINK3

I didn't find anything that would support what you said - can you elaborate?

Unfortunately just publishing someones name is not publishing private information and that is all Donald did, your name is not private....your name in itself is not private, the only other information published was his ebay username....our names are not private information...

What is so ironic about threads like these is if we reveresed the situation and Donald had published the exact same information with the exception of hey I had a great experiance with "Jo Blo" over on ebay and his user ID is...

Would this conversation be the same?

Dave

 

[Bromo33333]

Unfortunately just publishing someones name is not publishing private information and that is all Donald did, your name is not private....your name in itself is not private, the only other information published was his ebay username....our names are not private information...

What is so ironic about threads like these is if we reveresed the situation and Donald had published the exact same information with the exception of hey I had a great experiance with "Jo Blo" over on ebay and his user ID is...

Would this conversation be the same?

Dave

There would be no defamation of character, so it would be much harder to prosecute. Though it could be possible to be cited for revealing someone's name, it is mostly about damages - and if there were no damages, it is hard to prosecute. If there were damages, well, that is another story.

The original poster is on very shaky ground legally if I understand the law correctly (though I am no lawyer I have to add). If you say "Joe Blow on eBay is a shady character, you had better watch out!" - that is defamation and you could get sued - EVEN IF IT IS TRUE. Plus if Joe Blow were to suffer any damages as a result of this post, YOU MAY BE LIABLE. You may certainly have to defend yourself. Also you may place APUG at risk of being sued as well. While you may avoid damages, you risk having to spend a large sum of money to lawyers to prevent even worse damage.

It is a much safer harbor to not use real names and not to call names.

 

[moose10101]

Would this conversation be the same?

Dave

I would still have asked the mod to delete the info, and warned against giving it out. Why put an APUGer's eBay membership at risk by remaining silent? His post would have been both well-intentioned and against eBay rules regardless of the quality of his experience.

A user ID is all that's necessary.

 

[Dave Parker]

Well guys in the few cases, that I have been involved in, I have been told there is nothing that can be done....I have tried to have something done about derogitory comments posted in conjunction with my name and it has come to nothing except the judge did rule that publishing a name is not revealing private information.......as our name is not a protected enity, this was ruled on it Federal District court, State of Montana, Missoula District office, now if address, phone number DOB or other such information had been published, then the laws change, but publishing a name in itself, does not come under the privacy laws, at least that was the way it has been ruled in my case...Although I use my real name, so that may be the difference, of course now a days, ebay does not allow you to use your own name...

But I do know for a fact, if I enter into an agreement with someone face to face and the agreement is not fullfilled and I stand on a street corner and call them a lier, I cannot be prosecuted for defamation as it comes under personal opinion...and under the laws, at least where I live, personal opinion is personal opinion and it is very difficult to prove damage.

Dave

 

[Donald Miller]

There would be no defamation of character, so it would be much harder to prosecute. Though it could be possible to be cited for revealing someone's name, it is mostly about damages - and if there were no damages, it is hard to prosecute. If there were damages, well, that is another story.

The original poster is on very shaky ground legally if I understand the law correctly (though I am no lawyer I have to add). If you say "Joe Blow on eBay is a shady character, you had better watch out!" - that is defamation and you could get sued - EVEN IF IT IS TRUE. Plus if Joe Blow were to suffer any damages as a result of this post, YOU MAY BE LIABLE. You may certainly have to defend yourself. Also you may place APUG at risk of being sued as well. While you may avoid damages, you risk having to spend a large sum of money to lawyers to prevent even worse damage.

It is a much safer harbor to not use real names and not to call names.

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.

 

[Donald Miller]

I would still have asked the mod to delete the info, and warned against giving it out. Why put an APUGer's eBay membership at risk by remaining silent? His post would have been both well-intentioned and against eBay rules regardless of the quality of his experience.

A user ID is all that's necessary.

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.

 

[jeroldharter]

"responded with the vilest most vulgar email that I have ever received."

Donald,

After reading (and writing) some of the APUG posts you have incited, I would love to read that email.

Jamie

 

[Donald Miller]

"responded with the vilest most vulgar email that I have ever received."

Donald,

After reading (and writing) some of the APUG posts you have incited, I would love to read that email.

Jamie

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