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Joined: 12/09/2002 14:25:05 Posts: 141 Location: Hampshire, United Kingdom
Posted: Tue Aug 23, 2005 10:51 pm Post subject:
In terms of violating Section 7.5, it depends whether you regard an eBay user ID as "personally identifyable information". Certainly this would regarded as such for Data Protection Act purposes, as you can easily, in conjunction with other sources, identify the person who owns this account. (For XXXXXXX, you can, for example, access their "About Me" page, which provides their email address, etc).
The restriction on "downloadable media" does not apply to information which is in the "public domain". I guess that the database in question is not public domain, given the disclaimers on your download page, but have they always been there? (Unfortunately I cannot see any auctions - live or completed - by this seller which mention the speed camera database, so I do not know exactly what they said in the auction.)
I am not supporting the seller making money off the back of the work done by you (and everybody who has ever reported the location of a camera), but they are a Power Seller with 3651 positive feedbacks (99.7%) and may be very careful about staying within eBay's rules and the law.
As for the buyer, I have limited sympathy with anybody who buys anything from an eBay seller without carefully reading the listing first! _________________ Philip
Firstly, if he is only selling a link to this site then you have no reason to leave him negative feedback. He sold you what you paid for. If you didn't read the auction properly before bidding then that's your problem, not his.
Secondly, by divulging his eBay ID in a public forum, you are in breach of eBay's Terms & Conditions. If he were to complain to eBay about this, they might suspend your account. (See Section 7.5 at http://pages.ebay.co.uk/help/policies/user-agreement.html)
Oops. Dropped a right one here!!!! It didn't say it was a link, I discovered this when I received the resulting email.
When I was asked for his ID on this forum I, in error, sent it. My mistake and I will have to live with that.
Joined: 11/07/2002 14:36:40 Posts: 23848 Location: Hampshire, UK
Posted: Tue Aug 23, 2005 11:06 pm Post subject:
Philip wrote:
In terms of violating Section 7.5, it depends whether you regard an eBay user ID as "personally identifyable information". Certainly this would regarded as such for Data Protection Act purposes, as you can easily, in conjunction with other sources, identify the person who owns this account. (For xxxxxx, you can, for example, access their "About Me" page, which provides their email address, etc).
I've edited out the eBay user ID already yet you persist in re-posting it so I struggle to see your issue here. I have now edited it out of your post. If you take issue with posting his ID then you really ought to practice that which you preach!
Quote:
The restriction on "downloadable media" does not apply to information which is in the "public domain". I guess that the database in question is not public domain, given the disclaimers on your download page, but have they always been there?
Yes they've always been there.
Quote:
As for the buyer, I have limited sympathy with anybody who buys anything from an eBay seller without carefully reading the listing first!
Fair enough but whether you have symapthy for the buyer or not, that does not discharge the seller from his reponsibilities, I care not how good his feedback is, the moral majority would clearly see a sale for a link to freely available information as less than honest even without eBay's clearly stated policy which forbids this. _________________ Darren Griffin
Sorry if you've already picked up on this guy but have a look at 5801304830 & then look at this their other items.
Methinks it's not just the database that he shouldn't be selling! (and I wish people would stop thinking that adding stupid effects to their Ebay pages made them look clever - I think he's got them all!!!) :x
Joined: 12/09/2002 14:25:05 Posts: 141 Location: Hampshire, United Kingdom
Posted: Tue Aug 23, 2005 11:31 pm Post subject:
Darren
Thanks for removing the user name ... you may just need to double-check that you have got them all.
There are 2 ways that the seller may be in the wrong - they may have broken the law, or they may be in breach of eBay's rules. If they have done either of these, then they deserve whatever they get.
However, there is a long tradition of "value add" for information, whether it is in collating information (which is what your speed camera database is - anybody could, in theory, create a similar database by driving all the roads in the country and noting where the cameras are), learning about a subject (when you pay a lawyer, doctor, financial advisor, etc, you are paying them for information rather than going out and learning all about the subject for yourself). On the internet there are many examples (e.g., shopping comparison sites) which save people from having to look at a number of separate sites to work out who has the best price for something.
So, if this seller is saying "give me 99p and I'll tell you where you can get a great speed camera database", that is perfectly legitimate in my eye. (If, on the other hand, they are saying "give me 99p and I'll give you a copy of the database", then that is different!) _________________ Philip
Joined: Jun 25, 2005 Posts: 802 Location: Sandy, Bedfordshire
Posted: Tue Aug 23, 2005 11:33 pm Post subject:
trebor808 wrote:
Problem is that I will then receive the same from the seller. Any suggestions?
The only way I can see of doing it is to wait the 90 days and get it in just before the system prevents you adding the feedback, that way they can't reciprocate. 90 days is a long time to wait though!!
Joined: Jun 25, 2005 Posts: 802 Location: Sandy, Bedfordshire
Posted: Tue Aug 23, 2005 11:47 pm Post subject:
Philip wrote:
In terms of violating Section 7.5, it depends whether you regard an eBay user ID as "personally identifyable information". Certainly this would regarded as such for Data Protection Act purposes, as you can easily, in conjunction with other sources, identify the person who owns this account. (For speedy-2, you can, for example, access their "About Me" page, which provides their email address, etc).
Just a small point. Anyone can browse ebay and view the seller's username without being logged in, or even having an account. Thus it is not necessarily an ebay member posting in a public forum and there isn't a great deal they could do to suspend the account of someone not registered! Admittedly if the contributor mentions that they have just been "caught" it is likely the poster is an ebay member, although they wouldn't necessarily use the same username would they?
i was selling sat-nav for a friend on E_BAY but did not hear about this web site till ebay closed it down i would like to say SORRY for this but now i no can i put this on ebay for free at cost to me to let people no about this site
Posted: Wed Aug 24, 2005 5:00 pm Post subject: E-Bay
After a search for speed camera software the following item numbers are currently active at 16.00 on 24/8/2005.
5801202881
5799708813
5801202881
5802174718
Hope this helps.
Jim
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i was selling sat-nav for a friend on E_BAY but did not hear about this web site till ebay closed it down i would like to say SORRY for this but now i no can i put this on ebay for free at cost to me to let people no about this site
