New TOS update Nov 13, 2023
Summary: lotzofuniquegoodies initiated a discussion about the recent updates to eBay Canada's Terms of Service, highlighting the integration of AI tools and concerns regarding the control and manipulation of sellers' listings. mrdutch1001 expressed apprehensions about eBay potentially taking over sellers' listings with AI, suggesting it might lead to ending connections with the platform. flipistics raised legal doubts about certain clauses, particularly concerning service errors. recped noted that AI mentions in the agreement are minimal and standard. Meanwhile, reallynicestamps shared an experience with AI-generated descriptions, preferring personal input for accuracy and specification. Overall, participants revealed skepticism and concern about the implications of these updates, particularly in terms of control and accuracy.
To anyone who has recently read over the the new TOS for Canada, did you spot how it relates/connects to AI going forward? Reading legal gobbly yada yada tends to cause my eyes to gloss over...quickly.
The changes include:
- Clarification that generative AI tools and content may be offered.
- More details related to personalization considerations.
- Updates to the QST number shared with eBay users.
9 & 15 may be worth a gander.
9. Content
When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings. eBay may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name "eBay" and other eBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eBay in the U.S. and other countries. They may not be used without the express written prior permission of eBay.
Portion of 15:
Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using our Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by eBay;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any eBay Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Using eBay section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
-Lotz
Disclaimer: When it doubt best to review entire TOS from time to time.
reallynicestamps
·2 years agoTried an AI description today. It just repeated what I had already said in Title and Item Specifics but with more words.
My own descriptions, to be fair, are rarely much more, but they can be clarifications of some Item Specifics-- like a set with Very Fine centering (an exact description in Stamps) on most of a set but one or two are only Fine to Very Fine (which lowers the value).
I'll stick to my own including the HTML coding that I hope makes the description stand out.
recped
·2 years agoAI is only mentioned twice in the revised agreement and both are just stock disclaimers.
The rest of it is Meh!
All that stuff in red in your post, none of that looks new to me or am I missing something?
flipistics
·2 years agoI have doubts that some of these would hold up (actually, I'm not sure some of them are legal at all), but this one is especially concerning given the fact they STILL haven't fixed the **bleep** customs forms:
mrdutch1001
·2 years agoThis update portrays eBay.CA as the site it truly is and for what it is> unprofessional, irresponsible, with the glaring motto: "we could care less about our sellers", ......so USERS BEWARE!
recped
·2 years agoIn what way does it portray this? Be specific if you can.
mrdutch1001
·2 years agoWhen the day comes(and that could be sooner than we think) when eBay starts inserting videos into all sellers' listings, takes over sellers' own listing descriptions with the use of AI, and in general takes possession and controls(manipulates) all sellers' listings thusly rendering said listings are our own in name only, then it shall be time to end any connection I have to eBay...but in the meantime I shall continue my limited selling existance on this site as per the requirements set out in the terms of use.
lotzofuniquegoodies
OP2 years ago@mrdutch1001
When eBay starts and I believe it may already be taking place adding AI to listing descriptions, those listings should include a disclaimer acknowledging. It's bad enough when eBay reconfigures item specifics after the fact but to have them (%$#@) with correctly created listings is extremely dangerous. I have extreme concerns about the validity of anything connected to AI going forward. Only reason I mentioned was it was in the coles notes version of the email.
-Lotz