Tag Archives: ebay.com

Celebrity Cyber Report – Run-DMC Sues Amazon.com, Walmart and Jet.com

Run-DMC (Image from Run-DMC.com)

Darryl McDaniels, one of the surviving members of the legendary 80’s hip-hop group RUN-DMC has filed suit against online retailers Amazon.com, Jet.com,Walmart and others for trademark infringement.

According to the lawsuit “The products sold by the Defendants confuse the public as to the source of the products and suggests that RUN-DMC endorses the products. The Defendants are trading on the goodwill of RUN-DMC.”

This and similar lawsuits highlights the problems that arise when online retailers allow third parties to sell products through their websites. Amazon.com recently filed a lawsuit in Washington state court to shut down the sale of counterfeit items on its site.

The scourge of counterfeit products has impacted many tech companies including Apple computer. In October Apple filed a lawsuit in Northern California claiming that nearly 90 percent of supposedly  genuine Apple products being sold on Amazon.com by a third party were fake. 

Ebay, the largest online marketplace, is also having its problems with counterfeit products. 24/7Wallstreet.com reported recently that 500,000 counterfeit products were sold to eBay customers.

Run-DMC’s lawsuit claims  the issue goes beyond third party sellers. The suit accuses Amazon.com of selling and marketing some of the fake Run-DMC items itself in addition to fulfilling orders made to its partners.

According to the complaint fake RUN-DMC products include shirts, patches, wallets, hats and glasses. “The Defendants have earned substantial revenue due to their unlawful use of Plaintiff’s trademark,” the complaint reads.

RUN-DMC was made up of Joseph Simmons, Darryl McDaniels, and Jason Mizell from Hollis, Queens New York. Mizell, also known as “Jam Master Jay,” was killed in 2002. His murder remains unsolved.

Congress Bans Ticket Bots

Courtesy Stuart Miles

Courtesy Stuart Miles

You have asked this question more than once; “How the hell did the concert sell out in five minutes?! Let me answer that question for you, Bots!

Bots are computer programs operated by ‘cyber-scalpers ‘ that buy thousands of tickets in a split second to re-sell them at astronomical mark ups. That is how bots cheat ordinary fans like yourself out of a fair chance to buy tickets.

Ticket bots work by using multiple IP addresses.  Such software, which is illegal in New York state, can bypass a ticket-selling websites’s security measures, such as CAPTCHA. According to the New York Times the secondary ticket market is an $8 billion a year industry.

The House of Representatives and the Senate have  passed the Better Online Ticket Sales Act, or BOTS Act, with rare bipartisan support. President Obama is expected to sign the bill into law.

Senator Chuck Schumer (D-NY) issued a state from his government website  saying, “These bots have gotten completely out of control and their dominance in the market is denying countless fans access to shows, concerts, and sporting events and driving prices through the roof. With this soon to be new law that will eliminate ‘bots’ and slap hackers with a hefty fine, we can now ensure those who want to attend shows in the future will not have to pay outrageous, unfair prices.”

The BOTS Act makes it illegal to circumvent a ticket sales website’s  security measures. The Federal Trade Commission will be charged with enforcing the law. Critics say bots feed a high-priced resale market that pushes ticket prices out of reach of ordinary consumers, particularly for hot events like the play “Hamilton” or a Beyonce concert. I mean, c’mon! How do you think the play “Hamilton” sold out for the next year? And the price for some a tickets have reached $10,000!  Really?

Here is the catch to a great move by congress. Many ticket bots operate with software and computers located outside the U.S. Because of this enforcement can be difficult. The New York Times reports that European governments are considering governments similar legislation.

Ticket scalping is legal. Companies like StubHub and Ticketmaster are well known ticket re-sellers. And yes, their ticket mark up can reach as high as 50 percent. So the law does not outlaw scalping it outlaws bypassing a website’s security measures. 

Passage of the BOTS Act is the culmination of years of frustration among the public, artists and producers infuriated by ticket hoarding bots that profit from their work while gouging the public. Jeffrey Seller, the lead producer of  the Broadway play “Hamilton,”called scalping “a usurious, parasitic business that only serves to create a new profit center between the artist and the consumer.”

Consider the recent visit by the Pope  to United States. Tickets to the parade were issued for free. But bots managed to gobble up thousands of them and they suddenly appeared on sites like eBay and Craigslist for hundreds of dollars.

Now you know.

 

How Not to Buy Stolen Stuff

Everyone wants a good deal. Nothing feels better than getting a nice phone, tablet or laptop at a nicely reduced price. But on the other hand there are millions of these devices lost or stolen each year. Last year alone over 3 million smartphones were reported stolen. Would thieves continue to steal these devices if they were not easy to re-sell? I don’t think so.

So how can you avoid buying a stolen phone or other device? First let me tell you why you don’t want to buy a phone, tablet or computer from a dubious source. First of all you could be buying junk. If a smartphone is reported stolen you may be unable to activate it. Your service provider may have information that the phone is stolen and could report you as having it. Other times the service provider will simply refuse to activate the phone. You got a good deal on a useless product. Second, the device could be tracked and when the owner and the police catch up to it you get caught holding stolen property and could be charged. How do they know you aren’t the thief? Now you’re out the money and you need a lawyer.

A good deal is nice but let’s make sure you’re getting what you paid for and not a lot of regrets.

1) Be careful who you buy from. Make sure you are buying from an authorized re-seller. Cellphone service providers offer used and refurbished phones on their websites. These are nicely conditioned trade ins. You can also find good deals on Amazon, eBay, and Craigslist. But I would suggest being a little more careful on Craigslist since this is often the first stop for thieves to advertise their loot. Amazon and eBay offer profiles and seller reviews that make them more trustworthy than Craigslist. But even that is no guarantee so you have to do your homework. Check Swappa and Glyde for buying used phones as they have policies and safeguards in place for buyers.

2)Investigate. Regardless of the site investigate the device thoroughly. The ad should have basic information about the phone and its condition such as color, correct model number, and storage capacity. Also check the overall quality of the device. eBay will have conditions listed and you can see them here.   They are an excellent standard to go by. If possible make sure the picture is of the actual smartphone rather than an official photo taken from the Internet of that phone model. If you can contact the owner directly and they are not too far away ask to come by and see the phone. If they are too far away then ask for additional photos of the phone to make sure it matches the description. Ask for things like the original box it came in, manuals, the re-charger etc. If the seller does not have these things there is a problem; move on. Also ask for the original carrier if the phone is advertised as unlocked and  IMEI (International Mobile Station Equipment Identity) or the serial number of the device. Sometimes these numbers are altered. You can run a check on that number at the IMEI.info website. If the seller is unwilling to share this info then again; move on.

For buyers of Apple devices Apple offers  a new service on iCloud.com called Check Activation Lock Status. This lets the potential buyer quickly see if a device was reported stolen or missing. Just enter the IMEI or serial number of the device you’re thinking of buying. You will immediately know if someone used the Find My iPhone app to implement the Activation Lock. Activation Lock was first introduced in iOS 7 and it completely locks down the device rendering it useless until the proper Apple ID and password have been entered. So if you make the mistake of buying an Apple device that was stolen, you won’t be able to use it. And don’t even dream of getting your money back. You can also check the remaining warranty on the device using the serial number.

3) Can you return it?  Ok, you’ve done the homework and believe that the device is legit. Don’t hand over the money just yet. If you’re buying the phone off Craigslist ask the seller to meet in a public location like, say, the carrier store so you can activate it following your purchase, with the seller there. This the best final step. If the phone does not activate keep your cash. Another thing; if they already gave you an IMEI or ESN, you’ll want to double check that it matches up before handing over any cash. And if they didn’t give you that information before, you can check the serial number with one of the sites we mentioned above once you have it in hand. With Amazon and eBay they have strict requirements for the seller on their sites and the seller must provide a return policy or state all sales are final. If you see that then just go with another seller. Always make sure you have a safety net. Remember;  Caveat Emptor, let the buyer beware.

Now you now.

Ok, so now what do you do with the old phone?