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How did eBay avoid this?

by jcims 6y ago

deleted 6y ago
[deleted]
supercanuck 6y ago
FTA: > The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law.
- vmception 6y ago
  The solution being to make FBA marketers buy stakes in the warehouse until a bunch of dropshipping bloggers own them all.
  - ashtonkem 6y ago
    Or amazon just makes it more clear when you’re buying from a non-Amazon party that uses FBA.
    - thoughtstheseus 6y ago
      Physical stores should do this too. Gets rid of the liability for what you sell.
      - ashtonkem 6y ago
        Physical stores don’t really have anything analogous to what’s going on here with Amazon. No random small business can sign up and get their products shelf space in Target or WalMart next to what Target buys and resells. Literally everything physically in a Target is something they bought, warehoused, and are reselling themselves.
      - Hokusai 6y ago
        > Physical stores should do this too. Gets rid of the liability for what you sell. That is the only way to compete with Amazon. It is a race-to-the-bottom of quality and safety for the consumers. Amazon takes what are common rules with their customers and their retailers and has broken all of them. Amazon competes directly with its retailers using the information that got from them. Amazon brands 3rd party retailers products as if server-by-Amazon but it takes no responsibility on delivery or quality. Or Amazon is forced into compliance or we are going to go back to the middle-ages experience where everything is a flea market and weights and measures are never correct.
      - smsm42 6y ago
        I'm pretty sure if I went to Target and was told "this toaster was made by NoName Super-Quality Manufacturing in China and if you have any problem you'd have to take it with them, whoever and whereever they are, and we accept no responsibility for anything but processing the payment" I'd not buy it.
Fej 6y ago
> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law. eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace - the seller of a given item is highlighted and their credibility made known in the form of their star ratings. Amazon de-emphasizes the seller name for non-Amazon sellers and completely hides their rating on the product page. Of course, the only way to know for sure is if eBay's liability is litigated.
- sukilot 6y ago
  You skipped the big point where Amazon makes no promise that you will receive your purchase from the seller you bought from, if you FBA.
  - cameldrv 6y ago
    Even if you buy from Amazon.com you can get FBA comingled inventory that is counterfeit.
    - kylecordes 6y ago
      Big fan of Amazon here... I’ve been using Amazon since 1990-something… yet the co-mingling counterfeit items has caused me to stop using it for many items I formally purchased there. Amazon make inefficient use of truck rolls for delivery, often sending many trucks through my small residential subdivision every day, needlessly delivering one non-urgent item at a time. This is probably the key competitive challenge facing Amazon today: somehow keep up with the rapid growing overall demand while simultaneously improving execution fast enough to not leave the door open too long for someone else.
      - Wowfunhappy 6y ago
        I keep seeing these complaints on HN... Is co-mingling a bigger problem in some regions, or have I just gotten consistently lucky? Or maybe I'm a sheep and haven't noticed? In all honesty, I would appreciate an excuse to stop using Amazon, because the amount that I buy from them compared to any other store makes me uncomfortable. But the co-mingling thing just hasn't come up for me...

How did eBay avoid this?

by jcims 6y ago

How did eBay avoid this?

deleted 6y ago

[deleted]

supercanuck 6y ago

FTA: > The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law.

vmception 6y ago
The solution being to make FBA marketers buy stakes in the warehouse until a bunch of dropshipping bloggers own them all.
- ashtonkem 6y ago
  Or amazon just makes it more clear when you’re buying from a non-Amazon party that uses FBA.
  - thoughtstheseus 6y ago
    Physical stores should do this too. Gets rid of the liability for what you sell.
    - ashtonkem 6y ago
      Physical stores don’t really have anything analogous to what’s going on here with Amazon. No random small business can sign up and get their products shelf space in Target or WalMart next to what Target buys and resells. Literally everything physically in a Target is something they bought, warehoused, and are reselling themselves.
    - Hokusai 6y ago
      > Physical stores should do this too. Gets rid of the liability for what you sell. That is the only way to compete with Amazon. It is a race-to-the-bottom of quality and safety for the consumers. Amazon takes what are common rules with their customers and their retailers and has broken all of them. Amazon competes directly with its retailers using the information that got from them. Amazon brands 3rd party retailers products as if server-by-Amazon but it takes no responsibility on delivery or quality. Or Amazon is forced into compliance or we are going to go back to the middle-ages experience where everything is a flea market and weights and measures are never correct.
    - smsm42 6y ago
      I'm pretty sure if I went to Target and was told "this toaster was made by NoName Super-Quality Manufacturing in China and if you have any problem you'd have to take it with them, whoever and whereever they are, and we accept no responsibility for anything but processing the payment" I'd not buy it.

Fej 6y ago

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law. eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace - the seller of a given item is highlighted and their credibility made known in the form of their star ratings. Amazon de-emphasizes the seller name for non-Amazon sellers and completely hides their rating on the product page. Of course, the only way to know for sure is if eBay's liability is litigated.

sukilot 6y ago
You skipped the big point where Amazon makes no promise that you will receive your purchase from the seller you bought from, if you FBA.
- cameldrv 6y ago
  Even if you buy from Amazon.com you can get FBA comingled inventory that is counterfeit.
  - kylecordes 6y ago
    Big fan of Amazon here... I’ve been using Amazon since 1990-something… yet the co-mingling counterfeit items has caused me to stop using it for many items I formally purchased there. Amazon make inefficient use of truck rolls for delivery, often sending many trucks through my small residential subdivision every day, needlessly delivering one non-urgent item at a time. This is probably the key competitive challenge facing Amazon today: somehow keep up with the rapid growing overall demand while simultaneously improving execution fast enough to not leave the door open too long for someone else.
    - Wowfunhappy 6y ago
      I keep seeing these complaints on HN... Is co-mingling a bigger problem in some regions, or have I just gotten consistently lucky? Or maybe I'm a sheep and haven't noticed? In all honesty, I would appreciate an excuse to stop using Amazon, because the amount that I buy from them compared to any other store makes me uncomfortable. But the co-mingling thing just hasn't come up for me...