Quote:
Originally Posted by Exhibitman
It is definitely NOT about just damaging the PWCC brand. Taking a dump on a competitor to damage their brand is called "trade libel" (publication of matter disparaging the quality of another’s property, which the publisher should recognize is likely to cause pecuniary loss to the owner. The tort encompasses ‘all false statements concerning the quality of services or product of a business which are intended to cause that business financial harm and in fact do so. (City of Costa Mesa v. D’Alessio Investments,LLC (2013) 214 Cal.App.4th 358, 376) and if a $10 billion company does it just to thwart a competitor it will find itself on the receiving end of a massive lawsuit. The fact that eBay did what it did publicly and loudly means that it has solid evidence in hand sufficient to allow their corporate counsel to greenlight a statement that is otherwise textbook trade libel.
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I hear you Adam, and don't disagree. Also saw Snowman's response to you, and can see the logic in some of his statements as well.
I guess I'm wondering if a huge factor in all this is exactly what is in the terms of use (or whaver they call it) agreement all seller's have to agree to before selling on Ebay. I haven't seen their current rules of what Ebay sellers must agree to and abide by. Also, because of the size/volume of PWCC's sales on their platform and the special sweetheart deal they apparently gave them on fees, is it not possible that Ebay could have had a special operating deal in place with PWCC that goes beyond the standard terms of use agreement they give to everyone else to sign off on? If so, there could be something in it that specifically protects Ebay from trade libel for determining and doing what they did. I guess one way we may find out is if PWCC were to ever bring a lawsuit against Ebay for being booted off their site by them.
But as others have speculated, I find it difficult to believe Ebay's lawyers weren't involved with this PWCC situation from start, and would be shocked if they hadn't already addressed this potential libel issue to make sure Ebay was protected in some way or manner. Again, I guess time will tell.