eBay Live – So Many Questions Left Unanswered…
On March 28, 2008, eBay filed their first Motion to Dismiss the Windsor case. While the document eBay filed cite many cases to support their argument for dismissal, they appear to contradict themselves within their own motion.
EBAY: eBay claims that an auction house has two options in which to contract with eBay Live Auctions, the first option (as claimed by eBay) is go direct to eBay and the second is to access the platform via a third party intermediary such as Live Auctioneers.
Opposition: Upon completing the on-line registration form to access the eBay Live auction platform, the plaintiff receives a telephone call from Scott Miles of Live Auctioneers. Mr. Miles informs plaintiff that Live Auctioneers is eBay’s partner (confirmed by their own press release). In fact, eBay Live auctions post no telephone number on its web site and it would appear as though the form, which was completed on eBay Live auctions is forwarded by eBay to Live Auctioneers for processing. Hence, this may be the reason why eBay Live Auctioneers services over 730+ eBay Live clients, while eBay itself services a very small percentage of direct auction clients.
Note: The following is “quoted” right off Live Auctioneers own web site, as per their Referral Agreement with eBay Live Auctions:
“Based on its strong past performance, LiveAuctioneers now also becomes a partner in eBayLiveAuctions’ seller referral program, wherein eBayLiveAuctions refers auction houses and dealers requiring online sale support directly to LiveAuctioneers.com.”
Read FULL Live Auctioneers Press Release by Clicking Here.
The aforemetioned information is disclosed on July 14, 2004 and as such, anyone who applied to eBay Live Auctions directly was referred to Live Auctioneers for the servicing of their account. It may be that those who applied to eBay Live before July 14, 2004 were also referred directly to Live Auctioneers for account servicing. This begs the question if eBay even reviewed its own partner (Live Auctioneers) press release before emphatically stating (in their Motion to Dismiss) that Windsor could have been a direct to eBay client?
EBAY: eBay states that Live Auctioneers does NOT offer a similar tool and/or function through the Live Auctioneers interface. eBay states that rather than DEMANDING improved services from Live Auctioneers and/or cutting out the middleman (Live Auctioneers), the plaintiffs claims should be dismissed. In fact, eBay claims the plaintiff could have JOINED the RANKS of George Molayem, (the competitor who used the tool) by interfacing directly with eBay directly.
Opposition: Of the 190+ (approximately) of direct to eBay Live auction sellers, how many used the “tool” and/or joined the ranks of Mr. Molayem? Universal Live (the newly added Plaintiff to the Windsor Case) began with eBay Live when eBay Live was in its infancy. Universal did not have access to the “tool” and Universal (according to the amended complaint) was a direct to eBay client. In fact, Universal goes as far to state (in the amended complaint) that eBay purposely held back the “tool” and/or hid the existence of “tool” while Mr. Molayem enjoyed use of the “tool” for an extended period of time (to this very day Mr. Molayem uses the “tool”). Also, if Live Auctioneers entered into an agreement to service eBay Live auction clients and, eBay was no longer accepting eBay auction clients (directly), how does one cut out eBay’s middleman – Live Auctioneers?
QUESTION: How many Live Auctioneers clients were EVER given the option to work directly with eBay Live? How many live auction sellers completed the on-line auction seller form on eBay Live and then were contacted directly by Scott Miles and/or another Live Auctioneers representative? How many were told that contracting with Live Auctioneers was just as though they would be contracting directly with eBay Live? For that matter, how many auction sellers, who signed up on eBay Live directly, received a telephone call directly from eBay Live informing them that could indeed become a direct to eBay client and thereby “cut out the middleman” identified by eBay as Live Auctioneers?
QUESTION: How many eBay direct and Live Auctioneers live auction sellers KNEW a “tool” existed that could increase their exposure during a live auction event, revenues, keep their listings flowing in the front of core for up to 12 FULL hours and increase the number of Bidders?
QUESTION: How many eBay direct and Live Auctioneers clients were EVER informed by eBay Live that a “tool” had been created which had a dual use – one which allowed them to select the duration of yan auction event and then offered the option to use the exact same “tool” to set the duration of their auction items to within one hour of their end time?
QUESTION: How many eBay direct and Live Auctioneers clients received an email, notification, announcement or telephone call informing them that a “tool” had been developed that could do all of the above? If so, did you receive that communication from Quincy Carroll, Matt Ledwith, Andrea Weaver, Rogelio Choy or anyone else for that matter at eBay Live?
QUESTION: How many Live Auctioneer clients were ever given an option to be direct eBay clients? How many Live Auctioneer clients even KNEW they could be direct to eBay clients? If so, did you receive that communication from Quincy Carroll, Matt Ledwith, Andrea Weaver, Rogelio Choy or anyone else for that matter at eBay Live?
QUESTION: Did any eBay direct clients (or Live Auctioneers) clients EVER receive a tutorial, instruction, information or a telephone communication on “how to” use of the tool and if so, did you receive that communication from Quincy Carroll, Matt Ledwith, Andrea Weaver, Rogelio Choy or anyone else for that matter at eBay Live?
QUESTION: Did any eBay direct clients (or Live Auctioneer clients) see any information on eBay Live’s own web site in the Help section (on eBay or the eBay Live site) explaining how to use the tool and/or informing them of the tools’ existence, creation and/or development?
QUESTION: How many Live Auctioneer auction clients were required to execute TWO agreements in order to be approved to sell on the eBay Live auction platform? If you signed TWO agreements, did you execute ONE agreement with Live Auctioneers and another one with eBay, Inc.? (Do not diclose the terms of your agreement as both Agreements have been sealed by the court). A simple answer of yes or no to the question above is sufficient.
The last and final question would be who did you ever communicate with at eBay Live or Live Auctioneers:
1- Matt Ledwith (eBay Live)
2- Rogelio Choy (eBay Live)
3- Andrea Weaver (eBay Live)
4- B. Dean Gonzalez (eBay Live)
5- Quincy Carroll (eBay Live)
6- John Ralston (Live Auctioneers)
7- John Tona (Live Auctioneers)
8- Suzanne Imber (Live Auctioneers)
9- Scott Miles (Live Auctioneers)
In answering the questions above, you may use an anonymous email or post anonymously on this blog. To answer the last question, you can simply pick a number next to a name.
legaleagles
“Partnership?” Where, in the documents is the “Partnership Agreement?” I didn’t notice it, so I will have to go back to the documents that have been released and see if the type of “partnership” can be determined. If it has not yet been forced to do so, eBay MUST be required by the Judge to avail the plaintiffs of the so-called “partnership agreement.” I believe that therein lies the case.
I am getting more infuriated the more I read of the legal documents. There is SO MUCH there, but I now see that there is SO MUCH missing. Why are Windsor’s attorneys NOT demanding to see that agreement? And if they are, why has eBay not been forced to produce it?
Finally, this “tool” sounds illegal, if not immoral, to anybody who ever bid with Mr. Molayem’s auction site at eBay live. Yet in eBay’s first attempt at dismissal, after the trillions of citations, one of the first thing eBay seems to be saying is that Windsor should have “availed” themselves of this tool, which they clearly knew about. Was eBay trying to get a case dismissed by telling the plaintiffs that if they had only acted illegally (or immorally), that Windsor is at “fault” for not having done so?
How that First Dismissal case was ever signed-off on by a judge is baffling, at best. More reading to do…
Rita
August 16, 2008
Rita,
Thanks for your detailed comment. Windsor had no clue that such a tool existed (during the time Molayem was using it). It was on October 29, 2007 that Windsor learned that such a tool existed. A number weeks later, Live Auctioneers placed a notification on their blog that eBay and Live Auctioneers were testing the viability of the tool and that if and when a product became available, it would be offered to Live Auctioneer clients. Huh? The tool was being used by Molayem throughout ALL of 2007 and prior to 2007!!!! Windsor contacted Quincy Carroll at eBay Live and informed him how Molayem was “gaming” the system. That started a series of emails, which when summed up seemed to say, eBay had no clue what Molayem was doing and then passed to blame to Live Auctioneers for NOT knowing how the tool worked.
However, Molayem shares with the Plaintiffs (when relating how he was gaming the system with Windsor on October 29th) that Andrea Weaver knew he was using the “tool” as he applied to receive a return of 350+ Final Value Fees as he was not using the tool correctly in the beginning, but, eBay told him he would only be entitled to just 5 FVF fees per month, as he was using the “tool”.
Molayem was using the tool manually with the knowledge of those at eBay Live Auctions for a long period of time before Windsor even knew of its existence.
The funny part is that Live Auctioneers and their partner eBay, never automate the tool. Ro Choy’s string of emails tell a different story – concerning who knew what and when they knew it, as it pertains to the existence of the tool and the submission of the tool to eBay’s Product Management team for automation and, the ULTIMATE reason why the tool is NEVER automated.
In fact, the first quarter of the year was how many months ago? Has eBay with their buddies Live Auctioneers automated the tool? Have the two of them even informed their clients (direct to eBay or not) that such a tool even exists? I think NOT – In fact, the amswer is NO!
The deceit and lies continued well into 2007 when eBay is told something is very, very wrong about the way Molayem’s listing are dominating eBay core and they did nothing to stop him.
eBay’s own Terms of Service state that NO ONE is permitted to MANIPULATE the eBay search. I guess that was NOT applicable to Molayem, who was holding up to five auctions per day and making millions of dollars in the just the last quarter of 2007 and paying eBay high six-figures fees.
Mike
Legal Eagles
legaleagles
August 16, 2008