[BobC]

Originally Posted by Exhibitman

You need to pay attention to language, Travis. I wrote that eBay's statement "is definitely NOT about just damaging the PWCC brand." Just being about damaging the brand would be evidence of intent. As for your point, eBay sending out an email stating that "Recently, it was determined that individuals associated with a trading card seller, PWCC, have engaged in “shill bidding,”" is certainly a "statement concerning the quality of services or product of" PWCC and is certainly one that will cause it financial damage, if for no other reason than the lost profits on the canceled sales and the man-hour needed to relist all that crap on another site. That leaves the intent element of the tort. My point is that under those circumstances eBay's email blast would never pass legal vetting unless there was solid evidence in the file to back up the statement and therefore negate the possibility that it was done with intent to damage the business rather than to protect eBay's customers from further perceived predation with resulting tangential damage to PWCC's business. Otherwise I would expect PWCC to sue, but that will never, ever happen because it would mean that the PWCC crew would have to open their records of communications with every shill bidder and then answer questions under oath posed by trained cross-examiners. If PWCC is so wronged and so right in its actions, let's see the lawsuit to vindicate it. Personally, I am not holding my breath.

+1,000

If PWCC does have anything even remotely not above board, they will not want to risk going to court and expose any of it. If they did, I can already picture FBI reps sitting in the front row at the trial taking notes.