User Agreement-9.Content=> Ebay Retains Perpetual Rights to Use All Info in Seller's Created Content
If a Seller closes his account, ebay's User Agreement says it retains perpetual rights to everything posted, that it can sell that info including AI harvesters, and the Seller/ lister, not ebay, can be held responsible for defects. If ebay is sued for deficiencies stemming from that listing, the Seller can be held responsible for ebay's legal fees even if the account has been closed, and/ or the listing content stemmed from ebay allowing another Seller to use the content info, and/ or ebay had sold that content to a third party unrelated to an ebay listing. The creator of the original content can be held responsible, yet receives no benefit from ebay appropriating that content for free....and for perpetuity. Outrageous!
* Ebay allowing others to freely copy and use content I created is a significant disincentive to me to add both text and photos that are distinctive and add possible value to my listing. My understanding is that the info I create and publicly post are automatically granted copyright protection. I am working for ebay and lazy copycat sellers for nothing. Ebay's UA steals that protection for perpetuity.
fashunu4eeuh
·2 years ago@rustcity wrote:
“Ebay's UA steals that protection for perpetuity.â€
I agree with you that it’s outrageous. There are multiple terms I don’t like. But it is not stealing.
In order to utilize this platform, we have all given our tacit agreement to accept the terms as proposed. If one does not give their approval, they must either opt out in writing or not use the platform.
It's a choice and we gave our permission for eBay to use our creative works.
(From what i’ve observed, part of the issue is a lack of due diligence. Some do not examine the terms before using the site. That’s a problem—- jumping into the deep end before knowing how to swim.
eBay could do much better bringing the fine print to new members’ attention.)
fashunu4eeuh
·2 years ago@rustcity wrote:
â€My understanding is that the info I create and publicly post are automatically granted copyright protection…â€
Hi @rustcity Just to clarify—
It is not necessary to publish one’s work publicly for the copyright to exist.
“Copyright law protects a work from the moment the author creates and fixes it in a tangible form of expression, such as on paper, in a recording, or in a digital photograph.â€
https://www.copyright.gov/what-is-copyright/#:~:text=Copyright%20exists%20automatically%20in%20an,step%20is%20registering%20the%20work.
mam98031
·2 years agoAll True, however the User Agreement is a very important document and we ALL have given Ebay the permission to use our pics and descriptions as they will. They are not protected on this site.
theteamsetguy
·2 years ago@rustcity ,
The way I look at it is “imitation is the sincerest form of flattery.â€
I have more things to worry about than someone using my pictures and or item descriptions.
mam98031
·2 years agoTo be here, we have all had to agree to the User Agreement. If you don't like one or more of the stipulations in the User Agreement and it is important to you, then Don't agree to it. While that means you can't buy or sell on the site, you certainly HAD the right to accept or decline when you started your account back in 1999.
For Clarity, here is the entire section #9 for those that want to read it.
9. Content
When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings. eBay may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name "eBay" and other eBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eBay in the U.S. and other countries. They may not be used without the express written prior permission of eBay.
https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259
This is the section of the UA that allows for other members to use any given members pictures and / or descriptions that they post to the site.