7 ms·

> 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 p

by 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...
      - irrational 6y ago
        Probably depends on what you are buying. I am a board gamer and counterfeit board games from Amazon is a huge problem. I stopped purchasing board games from Amazon after getting three counterfeits in a row.
        Swizec 6y ago
        How do you tell a board game is counterfeit?
        djur 6y ago
        Poor print quality and materials, incorrect/missing pieces. I don't know if you've seen counterfeit DVDs before, but they often have badly printed (misaligned, pixelated, even watermarked) graphics and cheap packaging (a basic jewel case with a printed slip of paper vs. a cardboard fold-out, for instance). But at least the DVD itself stands a chance of being a good rip. For a board game, the print quality and materials are kind of what you're paying for.
        irrational 6y ago
        What djur said, plus some board games you register the serial number on a website. If the serial number is invalid you know you got a counterfeit copy.
      - rtkwe 6y ago
        Hard to tell between lucky and have you gotten some and not noticed. Some things are definitely more faked than others so it can really depend on what you're buying and when.
  - deleted 6y ago
    [deleted]
ROFISH 6y ago
Product had been listed on eBay: Yes Was stored in an eBay warehouse: No, eBay does not have warehouses. Had facilitated payment: Maybe, but eBay typically just links one Paypal account to another Paypal account. eBay does not actually touch the funds. (Paypal has been it's own separate company for awhile now.) Shipped it out in eBay packaging: Unless they're using a service, typically shipping is up to the eBay seller. So I doubt this ruling affects eBay.
- cordite 6y ago
  PayPal isn’t as much of a thing these days for ebay transactions
  - 51Cards 6y ago
    It's not? I use PayPal for all my eBay transactions and what few items I sell (abeit rarely) also seem to be paid for via PayPal.
    - irrational 6y ago
      Yesterday I purchased the first thing in a long time from eBay. I was surprised that I could just use my credit card and no longer needed to use PayPal.
      - user5994461 6y ago
        It's going through Paypal. When the listing has Paypal, it allows to pay with a card without opening a paypal account. It's been a thing for more than 10 years, it's very well integrated, it's not necessarily transparent that the payment goes through Paypal.
- thaumasiotes 6y ago
  > Was stored in an eBay warehouse: No, eBay does not have warehouses. eBay used to have a service where you could take any random junk to their mall kiosk or a FedEx store and eBay would sell it on your behalf. That would pretty much require them to have warehouses. Is that service dead?

by Fej 6y ago

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...
    - irrational 6y ago
      Probably depends on what you are buying. I am a board gamer and counterfeit board games from Amazon is a huge problem. I stopped purchasing board games from Amazon after getting three counterfeits in a row.
      - Swizec 6y ago
        How do you tell a board game is counterfeit?
        djur 6y ago
        Poor print quality and materials, incorrect/missing pieces. I don't know if you've seen counterfeit DVDs before, but they often have badly printed (misaligned, pixelated, even watermarked) graphics and cheap packaging (a basic jewel case with a printed slip of paper vs. a cardboard fold-out, for instance). But at least the DVD itself stands a chance of being a good rip. For a board game, the print quality and materials are kind of what you're paying for.
        irrational 6y ago
        What djur said, plus some board games you register the serial number on a website. If the serial number is invalid you know you got a counterfeit copy.
    - rtkwe 6y ago
      Hard to tell between lucky and have you gotten some and not noticed. Some things are definitely more faked than others so it can really depend on what you're buying and when.
- deleted 6y ago
  [deleted]

ROFISH 6y ago

Product had been listed on eBay: Yes Was stored in an eBay warehouse: No, eBay does not have warehouses. Had facilitated payment: Maybe, but eBay typically just links one Paypal account to another Paypal account. eBay does not actually touch the funds. (Paypal has been it's own separate company for awhile now.) Shipped it out in eBay packaging: Unless they're using a service, typically shipping is up to the eBay seller. So I doubt this ruling affects eBay.

cordite 6y ago
PayPal isn’t as much of a thing these days for ebay transactions
- 51Cards 6y ago
  It's not? I use PayPal for all my eBay transactions and what few items I sell (abeit rarely) also seem to be paid for via PayPal.
  - irrational 6y ago
    Yesterday I purchased the first thing in a long time from eBay. I was surprised that I could just use my credit card and no longer needed to use PayPal.
    - user5994461 6y ago
      It's going through Paypal. When the listing has Paypal, it allows to pay with a card without opening a paypal account. It's been a thing for more than 10 years, it's very well integrated, it's not necessarily transparent that the payment goes through Paypal.
thaumasiotes 6y ago
> Was stored in an eBay warehouse: No, eBay does not have warehouses. eBay used to have a service where you could take any random junk to their mall kiosk or a FedEx store and eBay would sell it on your behalf. That would pretty much require them to have warehouses. Is that service dead?