I'll tell you guys, that really tickles my funny bone. First off a
"contract" can be formed between two individuals without even signing a
written paper.The basic act of demand and offer constitutes a "contract".
Ebay, although an American based company, operates in Canada, thus being
under the common law ruling and consumer laws. If it can be reached from
Quebec , it also falls under the Civil Code which is very clear on the
matter of cancellation of contracts. What Ebay has basically done is breach
a legally formed contract between two individuals , regardless of the items
or nature of the contract, and has literaly stepped in acting as third party
and cancelled the contract without the consentment of the parties.
That is a NO NO in any court of law. I think it's about time that people
begin voicing out the abuse from this company who freely enfringe on foreign
laws, use and culture.
I am convinced that a simple complaint to your local Consumer advocate
requesting an investigation will force Ebay to justify their act. Since
1994, Cyberspace and cybermarketing and exchanges are now integral to all
Laws in Canada and Quebec. Ebay is no exception.
I'm not trying to show off here mind you, I studied law a few years ago.
Thanks

--
" Beauty is in the eye of the beer holder. "
"cl" wrote in message
o.verio.net...

"Ed" wrote in message
. 93.175...


I will re-post it
on eBay, but will follow eBay's rules and NOT post any FA on the
newsgroups, not even rec.radio.swap.



I'd be interested in seeing that particular rule.... if you would please
provide a link. It doesn't seem logical to me that EBay would prohibit
the
advertising of their own auction on other sites, when such advertising
can
only further EBay's chance of increased profits through the EBay sale
going
as high as possible.



Ed

I've advertised FAs here just recently, my auctions weren't cancelled. I'm
wondering if somehow, "maybe" someone sent E-Bay - the non tech wizards
they are, a notice that perhaps your scanner was modified or whatever, to
make them think it was illegal????? Just a thought. I've seen other FAs in
here as well, none of them complained of having their auctions cut short.

The ONLY auction "I" had cut short, was a "linear" I was auctioning off -
listed as NOT working, the finals pulled, for parts. I listed it I believe
for 10 meters, yet they pulled it. No big deal... But they've never pulled
my auctions for posting FA.

IF you have suspects in mind, I suggest you take it up with them. Why turn
vigilante against the whole group?

cl

"Ad Hoc Guy" sputtered incoherently in
:

I'll tell you guys, that really tickles my funny bone. First off
a "contract" can be formed between two individuals without even
signing a written paper.The basic act of demand and offer
constitutes a "contract".


Demand and offer don't make a contract in any sense of the word.

contract:
An agreement between persons which obliges each party to do or not to
do a certain thing. Technically, a valid contract requires an offer
and an acceptance of that offer, and, in common law countries,
consideration.
www.duhaime.org/dictionary/dict-c.htm

--
You are a fluke of the Universe
You have no right to be here
And whether you can hear it or not,
the Universe is laughing behind your back

"Five-eleven's your height, one-ninety your weight
You cash in your chips around page ninety-eight."

I'd be interested in seeing that particular rule.... if you would please
provide a link. It doesn't seem logical to me that EBay would prohibit the
advertising of their own auction on other sites, when such advertising can
only further EBay's chance of increased profits through the EBay sale going
as high as possible.


Ed,

I am sure eBay will answer my inquiry in due time.

I am confident the remoavl was as a result of what I've stated.

I will post their response here, and hopefully the rules as well.

Once I do that, there will be NO MORE FA psoting anywhere on the radio
newsgroups.

Dan

Spam

eBay policy prohibits members from sending spam. Spam is defined as
email that is both unsolicited and is commercial in nature.

* Unsolicited - The email must have been sent without the
permission of the person who received it.
* Commercial - The email must discuss buying, selling or trading of
goods or services.

Some examples of spam include:

* Unsolicited email offers for items that are the same or similar
to items you are bidding on or have bid on in the past.
* Email sent to you from a mailing list without your permission.
* Direct or stand-alone invitations to join a mailing list.
* Email sent using the "Contact eBay Member" link on the eBay Web
site to send unsolicited commercial offers.

Some members have also reporting receiving requests for personal
information in email messages that are made to appear that they were
sent from eBay. More information on these messages, as well as how they
can be reported, can be found on the Email and Websites Impersonating
eBay page.

Please be aware that eBay's spam policy applies only to unsolicited
commercial messages sent by eBay members. If you are receiving surveys,
promotional messages or other email from eBay that you feel you should
not be receiving, please refer to the Notification Preferences Overview
for information on how to change the types of email you receive from eBay.

Email messages that are not commercial in nature, including offensive or
unwelcome email, do not fall under the eBay spam policy.

Sellers are permitted to invite other users to join a mailing list as
long as the email is related to the transaction and the mailing list
invitation is not the primary purpose of the email.

Instant messages and other forms of communication conducted outside of
eBay are not within our jurisdiction. Although posts on the eBay
Discussion Boards are not reviewed as spam, eBay does have a policy
related to appropriate board usage.

If you have received spam from another eBay member, please report it. In
order to investigate a spam report, we must have a complete copy of the
email you received with the full header included.

If you received a warning for violating our spam policy and you believe
that it was sent in error, please contact us .

If you were suspended for violating our Spam policy and would like to
contact us, please send us an email.

Seems pretty clear.

ANYTHING related to eBay posted on USENET is a No No.

I'll be watching...

Dan

Spam

eBay policy prohibits members from sending spam. Spam is defined as
email that is both unsolicited and is commercial in nature.

* Unsolicited - The email must have been sent without the permission
of the person who received it.
* Commercial - The email must discuss buying, selling or trading of
goods or services.

Some examples of spam include:

* Unsolicited email offers for items that are the same or similar to
items you are bidding on or have bid on in the past.
* Email sent to you from a mailing list without your permission.
* Direct or stand-alone invitations to join a mailing list.
* Email sent using the "Contact eBay Member" link on the eBay Web
site to send unsolicited commercial offers.

Some members have also reporting receiving requests for personal
information in email messages that are made to appear that they were
sent from eBay. More information on these messages, as well as how they
can be reported, can be found on the Email and Websites Impersonating
eBay page.

Please be aware that eBay's spam policy applies only to unsolicited
commercial messages sent by eBay members. If you are receiving surveys,
promotional messages or other email from eBay that you feel you should
not be receiving, please refer to the Notification Preferences Overview
for information on how to change the types of email you receive from eBay.

Email messages that are not commercial in nature, including offensive or
unwelcome email, do not fall under the eBay spam policy.

Sellers are permitted to invite other users to join a mailing list as
long as the email is related to the transaction and the mailing list
invitation is not the primary purpose of the email.

Instant messages and other forms of communication conducted outside of
eBay are not within our jurisdiction. Although posts on the eBay
Discussion Boards are not reviewed as spam, eBay does have a policy
related to appropriate board usage.

If you have received spam from another eBay member, please report it. In
order to investigate a spam report, we must have a complete copy of the
email you received with the full header included.

If you received a warning for violating our spam policy and you believe
that it was sent in error, please contact us .

If you were suspended for violating our Spam policy and would like to
contact us, please send us an email.

In article ,
Dan Conti wrote:

eBay policy prohibits members from sending spam. Spam is defined as
email that is both unsolicited and is commercial in nature.

USENET is not email. As eBay define spam in this way, news postings
are irrelevant to the rules as listed in your posting. This is to
stop direct-mailing of people off an address list etc.

Furthermore, eBay say "Now go and promote your auction" in their
"How To" guides. If they ban you from promoting your auction, why
ask you to promote it?

If you received a warning for violating our spam policy and you believe
that it was sent in error, please contact us .

If your auction got yanked for posting to a NEWSGROUP on the basis of
the above rules, complain to eBay and ask why.
--
--------------------------------------+------------------------------------
Mike Brown: mjb[at]pootle.demon.co.uk | http://www.pootle.demon.co.uk/

"Dan Conti" wrote in message
...

think they're GOD,

As far as internet auctions go, Aren't they?

GOD = "We don't need to provide no stinkin' customer service"

"DeWayne" wrote in message
...

"Dan Conti" wrote in message
...

think they're GOD,

As far as internet auctions go, Aren't they?

DeWayne wrote:
"Dan Conti" wrote in message
...


think they're GOD,


As far as internet auctions go, Aren't they?


Yep

"Dan Conti" wrote in message
...
DeWayne wrote:

think they're GOD,


As far as internet auctions go, Aren't they?


Yep

Ebay kind of reminds me of Microsoft. Hopefully MS will have some hot
competition one of these days!