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Thread started 05/25/02 12:06am

Moonbeam

One Nite Alone on ebay

People seem to really want this...

http://cgi.ebay.com/ws/eB...=875745315
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Reply #1 posted 05/25/02 12:13am

spaced

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Ouch! ..and there's still 5 days to go. Somehow I'm seeing this thing reach the cost of membership. I will laugh. Very hard.

wink
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Reply #2 posted 05/25/02 12:35am

Moonbeam

spaced said:

Ouch! ..and there's still 5 days to go. Somehow I'm seeing this thing reach the cost of membership. I will laugh. Very hard.

wink


LOL- I can see that too.
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Reply #3 posted 05/25/02 12:37am

jbchavez

One could probably make money by having two memberships and selling the additional cd on ebay each time.
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Reply #4 posted 05/25/02 12:42am

Abrazo

Damn those oppurtunists!
You are not my "friend" because you threaten my security.
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Reply #5 posted 05/25/02 1:22am

GoldiesParade

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I guess they liked the CD so much they just had to get rid of it.
http://www.goldiesparade.co.uk/ - Prince discography, tour history, news and more.
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Reply #6 posted 05/25/02 1:41am

prettymansson

thanx moonbeam. NOW THIS IS A QUALITY POST !
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Reply #7 posted 05/25/02 3:28am

devilman

I think somebody copied 'One Nite Alone' to a CD-R and then decided to put the original up for sale on eBay.
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Reply #8 posted 05/25/02 4:55pm

ABC

This ones for the rich - not all of them, just the greedy!
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Reply #9 posted 05/25/02 6:21pm

Moonbeam

I suppose that people do have the right to sell this if they please, but it makes me sick to my stomach.
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Reply #10 posted 05/25/02 6:37pm

SquirrelMeat

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Well spotted Moonbeam!

You just made me treasure my ONA CD a lot more!
.
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Reply #11 posted 05/25/02 6:49pm

purpleleaf7

Moonbeam said:

People seem to really want this...

http://cgi.ebay.com/ws/eB...=875745315


O.K! Who sold it!!!!???
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Reply #12 posted 05/26/02 11:22am

Abrazo

Moonbeam said:

I suppose that people do have the right to sell this if they please, but it makes me sick to my stomach.


well they don't have the right if they are contractually binded not to sell them. otherwise they do.
You are not my "friend" because you threaten my security.
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Reply #13 posted 05/26/02 1:18pm

ZaZa

I can't believe its at $76 & there are 4 days left before the auction ends.
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Reply #14 posted 05/26/02 1:22pm

ZaZa

Moonbeam said:

I suppose that people do have the right to sell this if they please, but it makes me sick to my stomach.


It doesn't sicken me - I think its hilarious. Anyone could have joined the club for $100 & would get 4 cds or not join the club & spend a fortune buying them elsewhere. $76 & counting on this cd. Is there some logic at work here???
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Reply #15 posted 05/26/02 1:48pm

ZaZa

I see now there are 2 more auctions for ONA since this one started.
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Reply #16 posted 05/26/02 4:25pm

seanski

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They took ONA off of Ebay. I guess the NPGMC got to them!
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Reply #17 posted 05/26/02 11:31pm

Abrazo

Okay these quotes come from the gd.
here's what i think of it.


OrionRising said:

Yes, I am the seller of that auction and am patiently waiting as to why NPGAuctionwatch ended it. I read over Ebay's rules regarding this subject and found no specific rule that applies. I also have up for auction CD's by Pink floyd, Alan Parsons, Duran duran, etc and I don't see why Prince's 'One Nite alone' differs from any of them. Just FYI, this was included in the Email:

---has been ended at the request of NPG Records, Inc., PRN Production, Controvery, Inc. (Prince{the artist}), a member of eBay's Verified Rights Owner (VeRO) Program, because they filed a sworn statement that it offers a product or contains material which violates their copyright, trademark or other rights. In the interest of protecting all eBay users, we end such listings to avoid any association with potentially infringing or unlawful items



Icenine said:


Now watch Prince try to cancel your NPG Music Club membership over the whole deal...

This is from the NPGMC agreement:

Use of Club Content. All Content is owned by the Club and/or its Content providers and may only be used for your private, personal, noncommercial use. You are not allowed to make or transfer a copy of Club Content to someone else or use any part of the Content for any public or commercial use. If you disrespect the Club rules then you no longer have permission to use the Club and you are required to delete all of your back up copies of Club Content. The Club reserves all rights not expressly granted under this Agreement.




That would be the provision that they would like to apply.
However it speaks of "Content". That word was used already in the agreement of last year for the downloads and is what usually applies to "Digital content" supplied by an internet subscription service.

The thing is they now send out normal cd's, it's no internet transfer of copies no more. With normal cd's it is always the case that once you have purchased them legally you can sell, lend, hire or otherwise legally dispose them. That's your first sale right and it's very precious. It is highly disputed in legal literature if an "innocent" consumer can 'sign away' his first sale rights that are acknowledged by law, especially when he enters a contractual relationship over the internet through a 'click and go' license.

But the problem with OrionRising's behaviour is that it is willfully intended commercial behaviour . OR's behaviour shows that his only goal of purchasing the ONA album was to sell it as quickly as possible with making commercial gain almost reaching the price of an annually club membership.

This behaviour clearly can not be tolerated in a club like this who depends on getting their cd's out to the member public first and exclusively. Not even all the cd's have been send out and it is already being sold on ebay. This is not doing the club much good, so it could be held to be seen as tortuous behaviour and or breach of contract, or deceit if the provision is broadly interpretated and a judge is willing to take the club' s stance over the deceiting stance of OrionRising.

I wouldn't give OR much chance in court.
[This message was edited Sun May 26 23:35:07 PDT 2002 by Abrazo]
You are not my "friend" because you threaten my security.
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Reply #18 posted 05/27/02 1:41pm

ZaZa

Well NPGMC better stay on its toes because as of 4:42 P.M. on 5/27/02 there is another copy for sale on e-bay. Its at $20 right now.
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