Re: End Early: UCC, dog-ate, BIN, patents, etc.

rjn wrote:
Don Lancaster wrote: >

The UCC law of the land clearly states.... In an auction
without reserve, after the auctioneer calls for bids on an
article or lot, that article or lot cannot be withdrawn unless
no bid is made within a reasonable time.


The sentence before that also states that unless there is
a "no reserve" disclaimer, an auction is presumed to have
one, and the provision above doesn't apply.

eBay seems to pick and choose amongst which UCC
provisions it thinks apply to eBay (such as the delivery
contracts provision in the User Agreement). Has an eBay
end-early ever gone to court? Who won (other than the
lawyers)?

Another eBay self-exception to UCC: Doesn't UCC also say
that if a leading bid is retracted, the entire bid stack collapses?
Doesn't work that way on eBay, where the underbidder gets
surprised by winning what they thought was a lost auction.

But back at end early: eBay permits end early - and not
just for "dog ate item".
+ You can end early to high bidder.
+ Buy It Now ends early.
Both fully supported and endorsed by eBay.

Drifting along ...

In the case of BIN, I suspect that what eBay will do if
enjoined on the BIN patent is to set up parallel listings;
one a legacy auction format, and one a fixed-price-listing,
for the same item. If the auc gets a bid, the FPL gets
closed. If the FPL gets taken, the auc gets closed.

--
Regards, Bob Niland mailto:name@xxxxxxxxxxx
http://www.access-one.com/rjn email4rjn AT yahoo DOT com
NOT speaking for any employer, client or Internet Service Provider.


Buy it now would appear to be equivalent to a fast hammer in a traditional live auction.


--
Many thanks,

Don Lancaster voice phone: (928)428-4073
Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
rss: http://www.tinaja.com/whtnu.xml email: don@xxxxxxxxxx

Please visit my GURU's LAIR web site at http://www.tinaja.com
.

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