From: David M. Ensteness (denstene_at_mac.com)
Date: Wed Jan 28 2004 - 09:03:06 PST
Dear Gary,
I have been keeping up with a chunk of this. My impression of the
practice is honestly quite poor. At one point you said you were helping
or supporting Newton users. I feel that to be very inaccurate. I see
how you can look at it that way with a straight face, but as one of the
Newton users I see it much differently. I look and see that when I am
new to the platform, seeking knowledge, advice, and resources, I see
your offerings and find them to be very exciting. Then a month or two
passes and I have come across all the existing free online resources,
and I feel pretty ripped off. Why? Because it is through lack of
information that people purchase from you, and that is always a
slippery slope to avoid.
Your e-mails on this list have been very carefully, and frankly very
despicably worded. I do not mean this as a slam, I am speaking
directly. You make it a point to say, "I did not admit to .... per se."
Seems you are purposefully treading a line you know to be very close to
improper. Free circumvention is also not a term that I understand in
this context. Giving a link to a 3rd party site is often used in eBay
to reference specifications of products. So that seems to be a direct
contradiction regarding what you said.
Lastly, two points. First, the "eBay user we all know and love" thing
sounds like an elementary school spat, people who are seen as
respectable tend to take responsibility for a situation they are in
whether someone else caused it to come to pass or not. In this instance
you pawn it off on a one-armed man so to speak. Second, the pot shot
about beating lawyers was petty. If you are not here to try and calm
the situation and garner less ill will in your direction then you don't
really have much of a reason to be here. So drop the argumentative
remarks.
While it was good of you to bring your case here, I don't think you
have found many friends by doing so. The advice I can offer you is to
reflect a bit on why you have received this response. Such reflection
might cause you to devote less time to such ventures in the future.
Sincerely,
David
PS
Proof read your e-mails for grammar and spelling, after all, you have
an "enterprise" to represent.
On Jan 28, 2004, at 12:11 AM, Gary E. Meyer 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
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