Paypal - policy updates

dyna-ti

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Ive just been reading a rather alarming email.
Paypal has updated themselves to godhood.

Intellectual property rights

Anything you post up on ebay belongs to paypal if thats the payment method you use.

You are not allowed to not specify paypal as the preferred method to pay for goods. In effect being forced to place paypal as one of your preferred payment methods.

The thing im wondering about here is say I make one of my boxes(as a furniture maker)
I put it up for sale on my ebay and any pictures ive taken of it now belong to ebay/paypal at a copyright level.
They can make a print of it and sell it if they want to.
This would be my own work, produced by my own hands from an idea formed in my brain.

How can they own MY work ?.

If ever they needed a punch in the face....
Im outraged at this.
 
I suspect that under the Unfair Contract Terms Act they haven't a chance of enforcing it. What it potentially gives them is the right to re-use the photo.
 
Not particularly different to any of the others they all want to claim rights over your content. If concerns you the best way around it is to use the Ebay hosting software that embeds all the pictures (remote hosted) in the description and just put a small thumbnail in the upload.

It is outrageous but the likelyhood of them abusing it its likely to be pretty small. (dont agree with it, but just saying).

Its the same reason I don't use Twatter or Farcebook.

At least with eBay/PP they are unlikely to be performing facial recognition scanning of you (and everyone else in the photo whether they have permission or not).
 
Intellectual Property

We are adding a new paragraph to Section 1.3 (Intellectual Property) for businesses that use PayPal. The new paragraph outlines the licence that you give to us and to the PayPal Group to use your business name, trademarks and logos for the purpose of displaying information about your business and its products and services. The new paragraph at section 1.3 reads as follows:

“You grant the PayPal Group the worldwide right to use and depict your business name, trademarks and logos on our website and in our mobile and web applications for the purpose of displaying information about your business and its products and services.”



Non discouragement

We are amending section 4.4 (Non discouragement) to outline the standards that businesses must adopt at their points of sale in respect of their customers’ use of PayPal. Section 4.4 now reads as follows (with added/amended wording underlined):

“4.4 Non discouragement.

In representations to your customers or in public communications, you shall not mischaracterise or disparage PayPal as a payment method.

At all of your points of sale (in whatever form):

you shall not dissuade or inhibit your customers from using PayPal; and

if you enable your customers to pay you with PayPal, you shall treat PayPal’s payment mark at least at par with other payment methods offered.

PayPal does not encourage surcharging because it is a commercial practice that can penalise the consumer and create unnecessary confusion, friction and abandonment at checkout. You agree that you will only surcharge for the use of PayPal in compliance with any law applicable to you and not in excess of the surcharges that you apply for the use of other payment methods. You further agree that if you do surcharge a buyer, you, and not PayPal, will inform the buyer of the requested charge. PayPal has no liability to any buyer where you have failed to inform the buyer of any surcharge. You acknowledge that you could be committing a criminal offence if you fail to disclose any form of surcharge to a buyer.”
 
Re:

That last bit sounds quite good as a consumer, I.e. Not charged more if I pay by pp.

It's annoying when you have to pay more to pay easyjet via cc for example
 
..."right to use and depict your business name, trademarks and logos"... says nothing about actual photos or the IP contained in them. sounds like they want to be able to say "hey, daves fish supplies use paypal" for their own marketing.

the other stuff about the preferred payment thing, sounds a bit heavy handed to me, not sure what they would do to enforce it but if i put on my business site "you can use paypal but i prefer cash" am I likely to be booted out by paypal? i doubt it, i reckon its there for extreme situations, they dont want to be loosing business for no good reason.
 
Re:

Ebay tries to enforce the pay by PayPal route already, it's surprising how many listings have PayPal listed followed by some variant of CASH ONLY in the description. I always pay by PayPal on those ones and see if they moan afterwards.

One one hand you can see it makes commercial sense for PayPal to want to get their cut plus you do get decent protection with PayPal. One the other it could be seen as a way to gouge the sellers.

It was probably prompted by some big retailer trying to add a crafty surcharge rather than occasional sellers like most of us.
 
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