Lirr168 wrote:I think the problem here is that eBay will basically accept anything an everything people attempt to sell without discretion. This policy is wrong in several respects, the least of which is in relation to offensive material. For example, items of "historical significance" are often put up for sale on eBay in spite of being complete fakes (e.g. the # boards from 9001-02). Even people "in the know" can be lead on by a convincing description of a fake, and attempting to recover funds lost on such a transaction is almost impossible becuase as a private company, eBay is not required to surrender the seller's real name for a a lawsuit to be filed.
I think this is one of the reasons that eBay has been able to grow so much. If they had to examine each and every potential listing, especially to try and validate that items of "historical significance" are not fakes, they would never be as big as they are now, and some other site would have come along to fill in the role eBay is in now.
That said, they do have a list of
prohibited items, and do specifically have a policy prohibiting "items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations with such views." So that pretty much means that propoganda from white supremacist groups is against the policy, and from what I've heard, eBay is pretty good about shutting down such auctions within a few hours after it opens.
I don't see this pin as fitting those criteria. I don't see that it promotes or glorifies the event, considering that it labels the guy as a "pyscho" (consider the negative connotations of that word). From the posts to this thread, it seems like some people do feel that it, in some sense, glorifies what happened. It's not really clear either way, and certainly nothing in the description looks to be trying to portray the event as a good thing, so I'm guessing that if eBay saw this, they would leave it (and they probably have seen it, I imagine, and probably due to the sheer volume of listings, applied a rather defined test to it and it passed).
As for eBay making it difficult for a buyer to recover lost funds, there are probably a couple of reasons for it. One is their inability to verify any of the listings, or the buyers claims of fraud. Rather than get involved, they sit on the sidelines. I imagine that if a criminal prosecution were to be pursued, they could be subpoenaed to provide the real name of a seller. Another possible reason (and I should emphasize, this is all speculation) is their profit motive. Sellers pay to have an item listed, and then pay a percentage of the selling price. Buyers don't bring any money to eBay, except that they're needed to actually buy things for eBay to get the percent of sale price. They may not want to reveal a seller who continues to sell fake or misleading items, because they're making money from them.
They also, whenever possible, don't want to deal with cases of buyers claiming to have been screwed, since, as I said before, they have no way of knowing that that person truly was. After all, if it were easy to get one's money back from a sale by alleging fraud, what's to stop people from scamming sellers by winning an auction, receving the advertised item, and then claiming fraud and getting their money back, while retaining the item? That would drive away sellers, and hence drive away revenue.