Doug,
 
Actually, I don't think that's correct. It's been a long time since I read any eBay fine print, but I believe it is set up so that eBay is just a "venue" -- it just "rents space" to the actual auctioneers (who are the individual sellers). That way, everyone who sells on eBay is an "independent contractor/auctioneer" -- not an "employee" in any sense of eBay's -- and thus eBay is not responsible for whatever these "independent auctioneers" say or sell in their eBay auctions. It's a fine legal point, but it's analogous to eBay just "renting the warehouse" out to a bunch of auctioneers who want to come in set up some estate or antiques auctions. I know this is how our lawyers advised us to set up MoviePosterBid.
 
So, technically, I think if Ohio requires anyone who auctions stuff in Ohio to get a state license to do so, that they could require anyone living in Ohio who "auctions on eBay" to get said license -- and that they could actually make it stick.
 
Sounds like a good way for some politicians  to lose a lot of votes in the next election, tho...
----- Original Message -----
From: deball.oh
Sent: Tuesday, March 08, 2005 16:04
Subject: Re: [MOPO] ebay and ohio

OK Scott, you broke on of your golden rules!

That said, don't forget the Black Cat who is running for Governor the next
election. I'm sure he will get top support from the higher up for shorting
voting machines in more democratic areas in the state.

I heard this news on Sunday morning about Ohio wanting sellers to buy
auctioneers licenses to sell on Ebay.
I thought right away I should sell my ebay stock, because if one state gets
away with this, then others will follow. Then I got to think, they legally
can't make this law stick, because ebay is technically is the auctioneer,
not the sellers. If you think about it, it's no different than somebody
selling at any auction, including Sotheby's, Christies, or even Vintage
auction. As long as you have to pay a fee to ebay & a percent, that makes
ebay the auctioneer.

I think this is going to be like Ohio wanting people to pay sales tax at the
end of the year on your on line purchases.

Don't forget the Invisible Man wanting to cut taxes when our state is
loosing millions every week!

Doug Ball
Also stuck in the middle!

----- Original Message -----
From: "Scott Burns" <[EMAIL PROTECTED]>
To: <MoPo-L@LISTSERV.AMERICAN.EDU>
Sent: Tuesday, March 08, 2005 3:41 PM
Subject: Re: [MOPO] ebay and ohio


>I really hate this state....
>
> With all the serious problems we face here in Ohio (the exodus of the
> young,
> inadequate school financing, huge pending budget cuts), leave it to our
> dumb-ass legislature to continue its track record of sticking its nose
> into
> non-issues.
>
> Not to offend any Republicans out there, but this is what happens when a
> legislature is dominated by a single party with a bizarre agenda. They'd
> rather deal with changing out state constitution to deny legal rights to
> unmarried people, authorize the sale of anti-abortion license plates and
> create an Ohio version of the Patriot Act. How an inadequately researched
> law dealing with eBay can come to the top of the priority list and even be
> signed by our impotent Governor Taft (AKA The Invisible Man)--well its
> just
> mind boggling.
>
> I really hate this state.
>
> Scott
> MoPo List Owner
> Sadly stuck in Ohio
>
> -----Original Message-----
> From: MoPo List [mailto:[EMAIL PROTECTED] Behalf Of
> Walton, Jeffrey
> Sent: Tuesday, March 08, 2005 11:15 AM
> To: MoPo-L@LISTSERV.AMERICAN.EDU
> Subject: [MOPO] ebay and ohio
>
>
> http://money.cnn.com/2005/03/07/technology/ohio_ebay/index.htm
>
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