12-13-2021 01:12 PM
Has anybody noticed this requirement?
I assume this only matters of running it as a business model.
Is it legally enforceable otherwise on individual sellers?
A product manufacturer can sue a business selling products without permission, sure, but how much in reality can anybody prevent a individual seller who own a product (or let's say a few pieces of the product) from selling them as second-hand sale (that means without the warranty that would normally apply if buyer was purchasing the product from a licensed reseller).
Secondly, I can understand a marketing copy used in the marketing copy of another business. But using a product description from manufacturer is not penalized even by Amazon, so why Ebay is so particular about it. Perhaps to exclude eBay's own liability? If I was using Logos and Pictures from manufacturer without permission, that's part of the intellectual property and even individual sellers shouldn't do it.
But product description?
Comon..
Detail:
12-13-2021 01:42 PM
Why would it only hold to a business model? If they don't want you using their info or images, then they don't want you too. This is why Vero exists.
12-13-2021 01:50 PM
It's like stock photos - CYA verbiage that can be invoked by eBay for intellectual copyright violations, but generally isn't because it's really impossible to police all listings. But it's important for it to be there as a legal requirement.
The originator of the content can write and have the seller take it down but I've never heard of eBay itself doing it. I sometimes copy content, always citing the creator (i.e. 'from the website/catalog of XYZ) and highlighting it as a quote, but I still got a desist message from one company to take it down - I just did a re-write of it.
My own experience is just from being a writer where content can be used/quoted as long as there is proper citation, but there does need to be permission from the originator (often in the form of 'content may be reprinted with attribution' or some version thereof, or just asking). I once came across a non-attributed chunk of my own published copy in someone else's article and it was startling - just rank plagiarism. 🤤
12-13-2021 01:53 PM
@itolduandso wrote: ... If I was using Logos and Pictures from manufacturer without permission, that's part of the intellectual property and even individual sellers shouldn't do it.
But product description?
Comon...
The text is part of their intellectual property, too, and is automatically protected by copyright laws.
12-13-2021 02:00 PM
Yes - it all is. I also found it a little silly to be pouncing on some obscure seller like myself for copying (and citing) a short description and list of attributes like "Terrycloth", "100% cotton", "Comes with reversible sash" and the like but by golly, they probably found my listing and looked at the description and sent me this hilariously stiff, vaguely threatening message. Short-sighted because there was subtle advertisement for them buried in that but, hey, I like to keep my nose clean.