----- Original Message -----
From: "Kai M. Radicke" <kmr@pil.net>
To: "MG List" <mgs@autox.team.net>
Sent: Friday, May 25, 2001 1:13 PM
Subject: Hey It's Okay to Commit Fraud!
> Just a quick update on the eBay MGC Sebring, no need to turn this into a
> thread...
>
Just did... :)
> Response from eBay: "eBay is not in a position to make judgments about
the
> authenticity or authorized nature of auction items"
Ebay recently successfully beat a lawsuit regarding falsified sports
memorabilia. It seems that under California law an auctioneer is liable for
authenticating auctioned items. Ebay defended itself saying that it doesn't
have the items in it's possession to verify and that it is essentially
acting on the same level as a classified ad, rather than a pure auction
house. I would imagine by refusing items based solely on authenticity, it
would set a precedent of having to authenticate all items.
>
> Rhode Island State Attorney General's Office: "nothing at all we can do."
> Seriously, that is what they said.
>
> New York State Attorney General's Office: "is this car a Lemon?" No, not
> that kind of fraud. "I'm sorry, there is nothing we can do."
>
Most likely the State's Attorney's office is in the same boat. My guess is
their stance is that until the car is sold and the buyer charges fraud, no
crime has been committed. Don't necessarily agree with that philosophy, but
that seems to be the law.
> So much for doing the right thing...
>
> Kai
>
At least you have the satisfaction of trying. I say the list should award
you the MG List Good Citizen Gold Star ;)
Jeff
'70 B
Disclaimer: I'm not a lawyer, but I've seen one on TV :)
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