[an error occurred while processing this directive]
On-Line Survey

We were notified December 11, 2004, about an on-line VeRO survey being conducted by Online Testing Exchange at http://otx.ifilm.com/. This company, OTX, appears to be owned by a Amit Kzemian and is located at 1024 N. Orange Dr, Hollywood, CA 9003. We have found no other link to eBay.

We have taken the survey and found it restrictive and biased. It assumed the person who was shut down by a VeRO member was in violation of the intellectual property rights of that member. Again, we recognize that there are many parties on eBay in violation of IP rights, but there are also many who are not who are the victims of unethical and ignorant VeRO members.

You have to be invited by eBay to take this survey.

We have reconstructed the survey for your reading pleasure. Please note our comments. We have attempted to correctly portray this survey. Reformatting was necessary to make it appear as on-line. Any omissions or incorrect information is not intentional. The survey was 38 screens long. Information added by us and our comments are in blue.

Each page had a slate blue color background. At the bottom of each page was:

Your responses to this survey will be kept strictly confidential. They will only be used for research purposes and your answers will not be tracked to you directly.

COPYRIGHT © 2000 - 2004 OTX All rights reserved. Technical Problems? Contact Us, please reference survey content in the subject line "http://www.otxresearch.com/support_form.asp"

 


Page 1

Thank you for participating in this web survey. We appreciate your feedback on this important topic. We are only interested in your opinions and your answers will be kept strictly confidential.

 


Page 2

Today we will be discussing your experiences using eBay, and in particular, with intellectual property policies and eBay's Verified Rights Owner (VeRO) Program. For the purposes of this survey, you should be aware that "intellectual property" refers to things like copyrights, trademarks, patents, trade secrets and rights of publicity. Your honest answers will help us identify areas where we can improve our practices.

 


Page 3

Which of the following best describes the last time you listed an item for sale on eBay?

Within the past week
Within the past month
Within the past 2-3 months
Within the past 4-6 months
More than 6 months ago

 


Page 4

Which of the following best describes the last time you listed an item for sale on eBay?

Within the past week
Within the past month
Within the past 2-3 months
Within the past 4-6 months
More than 6 months ago

 


Page 5

From the list below, please select the types of products that you sell on eBay.

Computers - such as PCs, laptops, software, etc.
Consumer electronics - such as DVD players and cell phones
Clothing & accessories
Jewelry - such as diamonds, gold, watches, etc.
Business equipment and supplies
Books, movies, music
Collectibles
Toys
Home and garden
Vehicles
Sporting Goods - such as golf clubs, bicycles, skis, etc.
Other

 


Page 6

What other types of products do you sell on eBay?

 


Page 7

Which of the following best describes how you sell items on eBay? If both, please select theone that describes you most often.

I sell items myself I am a trading assistant (someone who sells items for other people in exchange for a commission or fee)

 


Page 8

eBay is trying to understand what sellers know about intellectual property. Intellectual property includes things like copyrights, trademarks, patents, trade secrets, and rights of publicity. Your honest answers to these questions can help us improve our programs and practices.

 


Page 9

Which of the following best describes your selling experience on eBay?

I have been contacted by eBay regarding an intellectual property violation, but I was not suspended
I have been suspended due to an intellectual property violation, but have since been reinstated
I have never been contacted regarding an intellectual property violation

 


Page 10

For each of the following statements, please classify whether the action described in the statement is

(1) Legal and in compliance with eBay Policy,
(2) Legal but against eBay Policy, or
(3) Illegal and against eBay Policy.
Your best guess is fine.

 

Legal and Compliant with eBay Policy

Legal, but Against eBay Policy

Illegal and Against eBay Policy

Don't know

Writing to bidders/buyers to explain why eBay cancelled my listing after the auction has ended
Selling used goods on eBay
Selling software I duplicated from my own personal copies of software
Without obtaining the manufacturer's permission, copying the manufacturer's product description and using it in my listing
Selling a "knock-off" item if I state clearly in the listing that the item is a "fake"
Comparing my item to a name brand (for example, "tastes like Coke," "smells like Chanel") in the listing title
Immediately re-listing a removed item if I explain to eBay that the intellectual property rights owner was wrong to request the item's removal
Without obtaining the manufacturer's permission, copying a manufacturer's photo and using it in my listing
Without obtaining the manufacturer's permission, copying the manufacturer's technical specifications (for example, weight, voltage, compatibility) and using it in my listing
Selling a DVD or VHS tape that I created by recording my favorite television program

 


Page 11

For each of the following statements, please classify whether the action described in the statement is

(1) Legal and in compliance with eBay Policy,
(2) Legal but against eBay Policy, or
(3) Illegal and against eBay Policy.
Your best guess is fine.

 

Legal and Compliant with eBay Policy

Legal, but Against eBay Policy

Illegal and Against eBay Policy

Don't know

Selling a trademarked item (for example, Nike shoes or a Gucci handbag) if I am not authorized by the trademark owner
Comparing my item to a name brand (for example, "tastes like Coke," "smells like Chanel") in the listing description
An intellectual property rights owner or representative requesting the removal of an item from eBay because s/he doesn't want to compete with eBay sellers
Listing an item I am uncertain is authentic as long as I state I am uncertain about its authenticity
Re-listing my previously removed item if I contact the intellectual property rights owner and don't get a response in 5 days
Asking an intellectual property rights owner why they requested that my item be removed from eBay
Listing a knock-off or replica of a higher priced product
Stating in my listing that a manufacturer's warranty will transfer to the winning bidder
Reselling a copyrighted item (for example, a DVD or a book) that I first purchased on the internet
Selling software or music that the buyer obtains from me by downloading it from my personal website

 


Page 12

Based on your perceptions or experiences on eBay, what happens to a seller whose auction is closed for violating eBay's intellectual property policies, assuming this is the first time it happened?

Nothing
Auction is closed
Auction is closed & seller is given a warning
Auction is closed & seller is temporarily suspended
Auction is closed & Seller is prohibited from selling on eBay again
I don't know

 


Page 13

Based on your perceptions or experiences on eBay, what happens to a seller whose auction is closed for violating eBay's intellectual property policies, assuming this is the second time it happened?

Nothing
Auction is closed
Auction is closed & seller is given a warning
Auction is closed & seller is temporarily suspended
Auction is closed & Seller is prohibited from selling on eBay again
I don't know

 


Page 14

Once a seller is suspended because he/she does not comply with eBay's intellectual property policies, the seller must do which of the following if he/she would like to sell on eBay in the future? Your best guess is fine. Please select all that apply.

Sign an agreement with eBay not to continue the infringing behavior
Sign an agreement with the rights owner not to continue the infringing behavior
Take an intellectual property tutorial
Read the help pages
Pay a fine
I don't know

 


Page 15

eBay is in the process of evaluating the effect of their Verified Rights Owner (VeRO) Program on sellers. The VeRO Program helps individuals and companies protect their intellectual property rights on the eBay site. When a listing infringes a trademark, copyright, or patent, rights owners report it to eBay. eBay removes the listings in order to keep eBay a safe place to trade and to comply with applicable laws.

 


Page 16

Prior to receiving this survey, had you ever heard of the VeRO program?

Yes
No
I don't know

 


Page 17

Where would you expect to find complete information about eBay's intellectual property policies and the VeRO Program?

Security and Resolution Center
Help Pages
In cancellation notices sent by eBay
On the discussion boards
I don't know

Comment: there should be an additional choice above ~ the Tabberone WebSite.

 


Page 18

Have you read eBay's VeRO and Infringement Policy?

Yes
No
I don't know

 


Page 19

How well did you understand what you read in eBay's VeRO and Infringement Policy on a scale from 1 to 5.

   
  1 2 3 4 5  
  did not understand at all       Completely understood it  

 


Page 20

If you have had questions on the VeRO program (including issues about copyright, trademark, and patent infringement) in the past, where did you go to get answers? Please check all that apply.

I used eBay's "Contact Us" webforms
I used eBay's VeRO Live Chat
I went to eBay's Help Pages
I went to the list of specific prohibited items on eBay
I went to the Security & Resolution Center
I went to eBay's Guidelines for Creating Legally Compliant Listings
I went to the rights owner About Me pages
I contacted eBay's customer service
I contacted the VeRO member/Intellectual property rights owner directly
I have never had a question on VeRO or intellectual property

 


Page 21

Did you get the answers you were looking for?

Yes
No

 


Page 22

Please rate your satisfaction with the VeRO member's response.

Extremely dissatisfied
Somewhat dissatisfied
Neither satisfied nor dissatisfied
Somewhat satisfied
Extremely satisfied
I did not receive a response

 


Page 23

Has an intellectual property rights owner or their representative, meaning a person responsible for protecting a company's intellectual property rights, ever contacted you when you had not initiated the contact?

Yes
No
Don't Know

 


Page 24

Overall, how would you rate your experience with the VeRO program?

Extremely unfavorable
Somewhat unfavorable
Neither favorable, nor unfavorable
Somewhat favorable
Extremely favorable

 


Page 25

How would you say the contact with the intellectual property rights owner or their representative changed your opinion of the company he/she represented?

As a result of the company contacting me…

My opinion of the company is much worse now
My opinion of the company is somewhat worse now
My opinion of the company did not change
My opinion of the company is somewhat better now
My opinion of the company is much better now

 


Page 26

eBay is considering creating additional services that may help sellers with issues pertaining to the VeRO Program and intellectual property policies. Please tell us how helpful the following options, if enabled, would be to you as a Seller on eBay.

  1 2 3 4 5 Don't know
  Not at all helpful       Very helpful  
Live online chat with eBay customer support representatives
Online Dispute Resolution - A formal online system for appealing item removals to rights owners
The ability to take formal legal action (called a "Counter Notice"), with the help of your lawyer, against rights owners who request removal of your listing. Before answering, please be aware that the rights owner's only legal remedy to your Counter Notice is to sue you. eBay would not be a party to this legal action.
In the item removal notice, eBay could share the specific reasons that a rights owner has requested that your item be removed and provide a link to the specific help topic relevant to your removal.
An educational tutorial to help explain the most common VeRO and intellectual property issues
The option for rights owners to automatically pass a message to you (through eBay) at the time they report your listing
The ability to designate in your contact with eBay whether your query is a general question or an appeal of your item's removal
A centralized location on the eBay site for finding all information relevant to the VeRO Program (rights owner contacts, links to help pages, live chat, links to contact eBay, online dispute resolution)

 


Page 27

In the following section, please refer to your experience (if any) with the VeRO Program. We appreciate your honest feedback, and your responses will be kept completely confidential.

 


Page 28

Have you ever had a listing removed from eBay for intellectual property or VeRO concerns?

Yes
No
I don't know

 


Page 29

At what point during the transaction was your listing or were the majority of your listings removed?

Before the auction ended
After the auction ended, but before payment and shipment
After the auction ended, but after payment and before shipment
After the auction ended, but after payment and after shipment
I don't remember

 


Page 30

What was the direct impact on your bidders of having listings removed? Please select all that apply.

eBay sent the buyers an email saying the listing was cancelled because it may have violated intellectual property rights
The buyer requested a refund
The buyer returned the item
The buyer requested verification of the item's authenticity
The buyer refused to have contact with me
The buyer complained to eBay about me
Other
None of the above

 


Page 31

What overall impact would you say the removal of your listings had on your reputation as a Seller in the eyes of your bidders?

The removal(s) had a significantly negative impact on my reputation as a seller
The removal(s) had a slightly negative impact on my reputation as a seller
The removal(s) had no impact on my reputation as a seller
The removal(s) had a slightly positive impact on my reputation as a seller
The removal(s) had a significant positive impact on my reputation as a seller

 


Page 32

Thinking about your customers' experience after your listings were removed, which of the following would be most important for eBay to do? Please select the two actions you believe would be most important.

Give more detail to bidders about why a listing was removed
Explain what to do if a buyer has already paid for an item
Explain what to do if the item has already shipped or been received
Explain to bidders why they are notified of my listing cancellation
Extend the eBay and PayPal fraud protection program to affected buyers

 


Page 33

Now thinking about all of the listings you have had removed from eBay for intellectual property or VeRO concerns, please select all of the reasons from the list below that your listings have been taken off of eBay?

My listing offered duplicate copy of a CD, DVD, music, or movie
My listing offered a duplicate copy of software or a computer game
My listing included software I installed on my computer and then sold it in its original packaging
My listing featured an unauthorized copy of a copyrighted product (book, CD, DVD)
My listing offered a knock-off or replica of a brand name product
My listing stated that a product was covered by a manufacturer's warranty
My item description compared my item to a brand name product
My item title compared my item to a brand name product
My product description copied text from a manufacturer's website or product box
My listing used a brand's logo
I used a photo from a manufacturer's website
I said that my listing was for a fake item

Comment: all of the options presume you were guilty of infringement.

 


Page 34

Please choose which statement most accurately describes how you feel in general towards the removal of your listing or listings from eBay.

I thought my item or listing might be in violation of intellectual property policies, but I wasn't sure or didn't check
I didn't think it was a big deal to post the item even though I knew my listing violated some intellectual property policies
I had no idea that this item or my listing was violating intellectual property policies

 


Page 35

From the list below, please select the reasons you have listed items which were later removed for intellectual property or VeRO concerns. Again, your responses are completely confidential and will not be reported on an individual basis. Please check all that apply.

I had no idea it was against the law or in violation of eBay's policy
eBay's help pages did not thoroughly explain intellectual property policies
It was easier to copy a description and/or a picture than to come up with my own
I had things in my house I just wanted to get rid of
I had no idea the item was a fake
Other people get away with it; why can't I?
I didn't know that the warranty didn't transfer
I didn't know about the import laws
The law seems silly
I didn't feel I was really hurting anyone
I just copied someone else's idea and assumed it was ok
eBay doesn't always catch things, and I was taking a chance
Other

Comment: all of the options presume you were guilty of infringement.

 


Page 36

Finally, I'd like to ask you one question about the way in which you post your listings.

 


Page 37

What listing method do you use most often for your sales?

3rd Party Tools (for example, Channel Advisor, Andale, Market Works)
eBay Tools (for example, TurboLister, Selling Manager, Selling Manager Pro)
The Sell Your Item form on the eBay website

 


Page 38

This is a thank you page for giving them the rigged answers they wanted. Note that on Pages 33, 34 and 35, the assumption is that the listing was ended ONLY because you were guilty of infringement. eBay hasn't caught on yet that if eBay worked to eliminate the false accusations and the improper allegations of infringement the VeRO "problem" would take care of itself. Take your head out of the kitty litter, eBay.

[an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive]