From: Eric Engle (engleerica_at_yahoo.com)
Date: Tue Jan 27 2004 - 23:52:33 PST
Are you seriously arguing that an obvious breach of copyright is perfectly
legal?
Are you a teacher of law at a university? I am. You need someone with some
legal education to inform you whether your opinion is correct because in my
opinion it is so obviously wrong that I would personally be focusing on being
very nice to Mr. Gruendel as your company is obviously trampling on his rights.
But, what do I know.
Oh, the UCC governs the sale of goods between merchants. Frank has not to the
best of my knowledge sold you anything nor is he a merchant. But, again, I'm
just making this all up, I've never published a single law review article on
copyright law. Oh wait, I have.
--- "Gary E. Meyer" <GEM_at_Gementerprises.Com> wrote:
> Dear Paul,
>
> The answer to a lot of your questions is we cannot put links on the Ebay page
> to
> Frank's website, we actually did and Ebay ended the auction. Third party
> links are
> not permitted on Ebay's auctions for any reasons as it can be construed as
> fee
> circumvention and most likely a certain Ebay user that we all know and love
> had my
> auctions turned in as this certain Ebay user cruises our auctions and turns
> in
> anything he can find as he sells Newton equipment. In response to your
> comments,
> "You admit you're selling hyperlinks to his site. It may or may not be legal
> (remember that we live in a global world and Frank is a German and European
> citizen).
> It is anyhow despicable and low." this is where Uniform Commercial Code comes
> in and
> there is no breach of law, nor in my opinion, morals or ethics and I will
> stand by
> Franks request to end the hyperlinks in the email to our Newton customer that
> we send
> at his request immediately. Additionally, I did not admit we are selling
> links per
> se, I said we are giving them away albeit the point is moot really. I mainly
> wanted
> to respond to your suggestion of why we are not linking to Frank's website in
> our
> Ebay ads as you brought up a good point that other individuals may pose and I
> wanted
> to address that.
>
> Thanks for sharing your opinion, even though I might disagree with some
> portions, I
> do respect you took the time to address the thread.
>
> Sincerely,
>
> Gary E. Meyer
> Gementerprises, Inc
> WWW.Gementerprises.Com
> (856)486-1297
> (856)486-7800
> (856)486-1298 Fax
> Ebay Platinum ID: ILUVMYGTO
> Yahoo ID: WWWGementerprisesCom
> PLEASE RETAIN ALL EMAILS AS WE GET A SUBSTANTIAL AMOUNT OF EMAILS AND IT IS
> DIFFICULT TO TRACK WITHOUT THE RELEVANT CORRESPONDENCE
>
> --
> This is the NewtonTalk list - http://www.newtontalk.net/ for all inquiries
> List FAQ/Etiquette/Terms: http://www.newtontalk.net/faq.html
> Official Newton FAQ: http://www.chuma.org/newton/faq/
>
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