The New York Times says eBay should still police for counterfeits if it wants to win back customers:

eBay would generate enormous goodwill if it instituted a policy of proactively fighting fraud on the site, instead of forcing companies to point out individual items, day after day, which it then takes down.

That's true, but eBay would also win goodwill if it didn't allow luxury companies to bully individuals who are obviously reselling their used luxury goods—it's pretty obvious that when a company like LVMH goes after a person selling a single used, slightly damaged luxury case, they're not really concerned with stomping out counterfeiting rings.

This hard-to-read press release from something called the "Luxury Institute" (an institute for luxury? I want to work there!) calls the ruling an "egregious injustice to the consumer" because it removes any protection from the customer—a valid claim (despite the source) that resonates with anyone who's been scammed on eBay. The Luxury Insititute suggests alternate luxury auction sites like Portero.com.

BusinessWeek quotes an e-commerce advocate who says the ruling also helps keep the marketplace more open, by taking some of the power away from companies like LVMH and Tiffany:

Many of the smaller vendors that make a living selling through eBay were also relieved at the verdict. Had the U.S. judge echoed the opinions of European courts, major brands that did not want their merchandise to be resold on a discount site would have had a strong weapon to keep resellers from advertising their brand names online, even when dealing with genuine articles. "This was never about controlling counterfeits. It was really about how consumers could buy and sell Tiffany's products and maintaining margins," says Steve DelBianco, executive director of NetChoice, a coalition that advocates for e-commerce. "If you aren't born with a Tiffany silver spoon in your mouth, you can buy one on eBay."

What do you think? Should eBay be required to police luxury brands more closely, and would that help shoppers in the long run? Or are companies like Tiffany and LVMH using the counterfeit issue to solidify control over online sales of their merchandise?

"Judge to Tiffany: Police Your Own Brand" [BusinessWeek]
(Photo: jillclardy)

It seems that eBay's latest squeeze on sellers is just the tip of the iceberg. eBay's pressure on their sellers is, if you ask me, having a "trickle down" effect on us eBay shoppers, too. I have over 500 feedbacks and have been with eBay since pretty much they began. Thanks to a string of about three or four really bad auction experiences, however, I am starting to see this trickle-down effect.
 
It all began with a pair of refurb'd Sony wireless headphones I bought. The seller shipped them to me, but the power supply was the wrong voltage for the headphones. With them being Sony, with everything they sell proprietary, I was pretty much hooped. I called around, and wow, Sony wants $70 for an adapter that'll power the $56 9plus $20 shipping) headphones I bought! I wrote the shipper and he was dismissive and rude to me. In the end, I ended up filing an "Item Not As Described" filing with Paypal. Check this: 45 days later, eBay tells me I can ship the item back to the shipper, at my cost, for a refund of my purchase price. So... let me get this straight, eBay: I'm going to lose a total of $40 in shipping for my $56 item??
 
I recently bought a "Brand New, Sealed" laptop from eBay. The auction clearly stated that the item had Windows XP on it, which I wanted, after hearing about all the problems with Vista. It came with Vista, not XP, which promptly crashed. nearly $300 in "Geek Squad" rescue fees later, I had a working laptop, albeit with Vista on, which I didn't want. The Geek Squad informed me that the laptop had been "used" before, and the manufacturer refused to honour the warranty since it was not a "hardware" issue. I asked the seller to split what I'd spent to get the laptop working— money I spent due to HIS error. Naturally, he refused. I filed with eBay, and it's been 30 days, and no word.
 
Just the other day I received a wireless mouse I'd ordered, but it's dead. The mouse arrived in a plain envelope, with no packaging, dead. Should I even bother? I've learned that eBay will leave me hanging and that sellers don't fear eBay's totally "nerfed" so-called consumer protection assurances. It's a load of crap, and I'm going to start shopping elsewhere.