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Post Posted: Sun Sep 06, 2009 7:15 pm 
 

I am not an attorney and this is simply my opinion, as always.

The seller is probably (and likely) in the wrong.

There are some hidden traps, though.  If they executed a sale contract before the end of the sale and simply forgot to take down the listing, then the original sale is probably legitimate and they are liable for an error.

Even worse, most sale contracts are completed by the property transfer, and not until then.  So, it seems unlikely that the other sale would be reversed if the goods were delivered.

And, also, money is usually the sole remedy.  So if you never paid, and/or were refunded, then you may be considered "whole".

You could chase damages for lose of income if the item was more valuable, (oddly enough their sale could prove the damages).  You could also try to sue for punitive damages... which are the big bucks anyhow.

What I would not do is name them and risk defending a slander/liable charge.  You could easily get shafted and manage to lose... because... law is blind, dumb and stupid... when people manipulate it.  jmho

Not shopping with them is a very good idea.  I don't shop with one person precisely for this type of reason.  And, as most here know, the market for original d&d art is small, so losing a customer here and there could easily take someone out of business.


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Post Posted: Sun Sep 06, 2009 8:31 pm 
 

mbassoc2003 wrote:Either way, the fact Company X and Company Y profit from people's charity without telling anyone is both dishonest and reprehensible. I can't believe GenCon condone such activity. If it must be that way, then they should declare it as Company X's Auction, a portion of the profits of which go to Charity.

It is disgusting that the convention organisers have chosen to sell out the good nature of it's loyal devotees to line another company's pockets. This stinks of backroom deals and individiuals making personal money out of the deal.


I'm going to try, so that Frank doesn't blow a coronary.  Most of the auction is not for charity, and no one says it is.

The charity portion of the auction (this year, on Saturday, after about 7 pm or so, IIRC) is specifically noted on the schedule, and is announced multiple times during the auction.  There is no ambiguity whatsoever what items are for charity, and what items are not.  Those items donated to the charity are only auctioned during the specified time, and 100% of the proceeds raised from those items sold go to the charity.

As I recall, the auction has for many years been owned separately from GenCon. When Ken Fonorow decided to stop running it, a number of folks bid to replace him (Frank among them).  "The Partnership" won the right to run the auction.

While I think a couple of things could be done to improve appearances, as far as I know, there is absolutely nothing even remotely dishonest or reprehensible involved in the auction process.

And by way of disclosure, I've been attending GenCon auctions since around 1983.  I have never worked or volunteered for the auction, and I don't personally know anyone in The Partnership.  My perspective is entirely as an outsider.


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Post Posted: Sun Sep 06, 2009 11:24 pm 
 

mbassoc2003 wrote:Either way, the fact Company X and Company Y profit from people's charity without telling anyone is both dishonest and reprehensible. I can't believe GenCon condone such activity. If it must be that way, then they should declare it as Company X's Auction, a portion of the profits of which go to Charity.

It is disgusting that the convention organisers have chosen to sell out the good nature of it's loyal devotees to line another company's pockets. This stinks of backroom deals and individiuals making personal money out of the deal.


No offense, but I think you have a grudge against someone or something that pertains to this topic.  It can't be any more transparent than it has been stated numerous times.  I see no conflict in anything that T&T is doing.  They are simply running an auction that they have won the right to run and make some type of profit from.  Having been to many auctions, I see nothing different with what they do than others have done.  If Gencon LLC thought there was any impropriety I believe they would address it.  You keep on insinuating that there is something back-door going on.  I've been there, and if there is, it eludes me and many others as to what T&T is doing improperly.

On the original topic of T&T shipping and handling charges, I really don't see what the fuss is about here either.  If one would just review their various auctions that are currently up it can be seen that, for the most part, their auctions have reasonable, perhaps slightly higher than norm, shipping charges.   But, they do include insurance in most of their auction, which is more than likely why the charges go up as the cost of the item goes up.  Anomalies/errors will occur but to imply that all of the shipping charges are outrageous is simply not fair.  For a larger eBay seller, they seem to get quite a bit of positive feedback.  I've personally had good experiences with them thus far both at Gencon and eBay.  Doesn't mean that I won't have issues in the future but they seem willing to work with individuals to resolve issues.

  

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Post Posted: Mon Sep 07, 2009 12:10 am 
 

dbartman wrote:
No offense, but I think you have a grudge against someone or something that pertains to this topic.  It can't be any more transparent than it has been stated numerous times.  I see no conflict in anything that T&T is doing.  They are simply running an auction that they have won the right to run and make some type of profit from.  Having been to many auctions, I see nothing different with what they do than others have done.  If Gencon LLC thought there was any impropriety I believe they would address it.  You keep on insinuating that there is something back-door going on.  I've been there, and if there is, it eludes me and many others as to what T&T is doing improperly.

On the original topic of T&T shipping and handling charges, I really don't see what the fuss is about here either.  If one would just review their various auctions that are currently up it can be seen that, for the most part, their auctions have reasonable, perhaps slightly higher than norm, shipping charges.   But, they do include insurance in most of their auction, which is more than likely why the charges go up as the cost of the item goes up.  Anomalies/errors will occur but to imply that all of the shipping charges are outrageous is simply not fair.  For a larger eBay seller, they seem to get quite a bit of positive feedback.  I've personally had good experiences with them thus far both at Gencon and eBay.  Doesn't mean that I won't have issues in the future but they seem willing to work with individuals to resolve issues.


I completely agree with this comment :!:


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Post Posted: Mon Sep 07, 2009 2:37 am 
 

I have no issue with people making profit.
I just assume, in my ignorance and naivity of life, that people do not make profit from charitable work.
But if that is not the case, then that is not the case, and the information reported about Company Z's charges, and devision of the proceeds, are wholely wrong, and I am incorrect.

I stand corrected on this matter and wholely and completely appologise without prejudice.

I also have nothing against people lying about the condition of their goods, or profitting directly from their shipping costs. If a company can score an extra $10-20 from someone by making them pay more for shipping, well that's great business if you can get it. eBay rules are flexible on the matter and do not apply to those in the Powerseller catagory.

This is an awreness issue. People should be aware that they are dealing with a highly organised and completely honest company that is above reproach; and anything we can do to diseminate this awareness to people passing through the boards is worthwhile.

The fact that 'misunderstandings' are widely reported by people who 'misreading' a company's auctions is something people need to be aware of. All such 'misunderstanding' are in all likelihood just that, and not in any way the fault of T&T. I am sure T&T will do their utmost to make their customers happy with all due speed and integrity.


This week I've been mostly eating . . . The white ones with the little red flecks in them.


Last edited by mbassoc2003 on Mon Sep 07, 2009 3:03 am, edited 2 times in total.
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Post Posted: Sat Sep 12, 2009 6:00 pm 
 

Frank,

I believe I made it very clear in my post (attached below) that I have always believed your association with the charity auction was a purely philanthropic endeavour, and one given freely and with great generosity by you to the community at large.
mbassoc2003 wrote:GenCon Auctions - I may be blissfully ignorant of what really goes on, but I has always assumed Frank did the GenCon Auctions completely for free and because he was just that kinda guy. It never occurred to me that he might be ,making a profit out of the venture, and I'm happy to believe that he did not, and believed in offering his services for free out of a willingness to be charitable and a sence of wanting to contribute to the community and society that, let's face it' he helped build from those early years.

That is why, when T&T step and reportedly charge, and all of a sudden 80% of the product is tat, 40% of the product shouldn't even be there, and some of it is being mis-sold; I have to ask what political motivations and if financial insentives were given to get to that point.

Now if Frank says it was always that way, and the auctioneer always makes money out of it, so be it. I just always assumed it was purely a voluntary bringing together of people for charity. Maybe it is me that is naive and 'voluntary' and 'charitable' mean different things in different cultures.


There is nothing in the post, unless my use of the English language is incorrect, that claims, or even insinuates or hints at the possibility that you are dishonest, dishonourable or 'a thief' as you put it.

I realise that at times my use and command of the language we share is complex, but I have always respected and appreciated the manner and skill with which you craft prose, and I am somewhat taken aback that you have misread or misinterpreted the statement I made above.

Perhaps you will take the time to re-read the post, as no slight or personal attack upon yourself was meant, and I do not believe any was posted. If anyone else can see how Frank has interpretted the post, and interpretted it the same way, I'd be most interested to hear from them.

My criticism of the GenCon auction system has been specifically limited to this year's event only, and has not been addressed to any system or party involved prior to that.

My 'slimy apology' (the post above this one) was in fact irony.  :D


This week I've been mostly eating . . . The white ones with the little red flecks in them.


Last edited by mbassoc2003 on Sun Sep 13, 2009 4:35 am, edited 3 times in total.
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Post Posted: Sat Sep 12, 2009 6:43 pm 
 

Hi,

I sent the description of the Gencon Auction situation to the USA Anti-trust Division of the Department of Justice.

They have said that it doesnt specifically break any laws.

But, I quote:
"If you have not already done so, you might wish to consult a private attorney"

Make of that what you will.

Cheers,
Malc


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Post Posted: Sat Sep 12, 2009 7:51 pm 
 

Wow, and I thought you were just a big rack...

  


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Post Posted: Sat Sep 12, 2009 9:14 pm 
 

Tharizdun wrote:Wow, and I thought you were just a big rack...


Thanks...now I want ribs


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Post Posted: Sun Sep 13, 2009 11:13 am 
 

(Warning to future researchers: If you can't follow the GenCon sub-thread, note that more than a dozen rewrites {edits} have occurred.)

  

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Post Posted: Sun Sep 13, 2009 12:09 pm 
 

ExTSR wrote:(Warning to future researchers: If you can't follow the GenCon sub-thread, note that more than a dozen rewrites {edits} have occurred.)


I can see if a person wants to edit a post a couple of hours or a day after they leave it but why go back so far and edit stuff said week(s) ago?  Is there a configuration setting or something to stop that?   It really does kill the tread and its continuity.

Anyway my 2cp.

  

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Post Posted: Sun Sep 13, 2009 12:36 pm 
 

ExTSR wrote:(Warning to future researchers: If you can't follow the GenCon sub-thread, note that more than a dozen rewrites {edits} have occurred.)

I have edited posts at the request of a member here, as another member felt deeply affronted and offended by the discussion in question (dispite having nothing whatsoever to do with the GenCon auction in question so far as we are currently aware). Pressure is often brought to bear on people for whatever reasons to alter the content of posts, and this pressure is usually transmitted outwith the open area of the forums. It is sad, but true. Politics and all that.


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Post Posted: Sun Sep 13, 2009 2:34 pm 
 

I only edit something if I notice some obvious mistake I made. I think I have a bunch because I'm trying to get the images right for all the artworks I've been posting.
Any other reason to do so is shady :wink:
Or in mbassoc's case maybe he was pressured by a shady character...

Who gives a fuck if someone was "deeply offended"! Those are the best posts!! Anyone who say they're "insulted" "offended" by some non-trollish comments is shady :wink:

Straight talk by Tharizdun.

  

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Post Posted: Sun Sep 13, 2009 3:05 pm 
 

Have to agree with you.
Usually I go through and correct spelling mistakes within.

But the backroom politics are there, and some members exert more political weight than others. I don't really give a sh!t, but for the sake of a peaceful life I don't really mind altering the tone of my posts.

It does at times seem like assumptions I have made about some people's command and understanding of the English language falls a little short of the mark. Perhaps I need to use shorter and simpler sentences. But you live and learn about people every day.

Now I understand what other authors have told me about their experiences with those individuals.


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Post Posted: Sun Sep 13, 2009 3:36 pm 
 

mbassoc2003 wrote:I have edited posts at the request of a member here, as another member felt deeply affronted and offended by the discussion in question (dispite having nothing whatsoever to do with the GenCon auction in question so far as we are currently aware). Pressure is often brought to bear on people for whatever reasons to alter the content of posts, and this pressure is usually transmitted outwith the open area of the forums. It is sad, but true. Politics and all that.

mbassoc2003 wrote:Have to agree with you.
Usually I go through and correct spelling mistakes within.

But the backroom politics are there, and some members exert more political weight than others. I don't really give a sh!t, but for the sake of a peaceful life I don't really mind altering the tone of my posts.

It does at times seem like assumptions I have made about some people's command and understanding of the English language falls a little short of the mark. Perhaps I need to use shorter and simpler sentences. But you live and learn about people every day.

Now I understand what other writers have told me about their experiences with some members here.


Well here's some straight talk as well.  You can be such a pompous ass.  Your insinuations and disparagement of others are an affront to me and perhaps others here as well.  This is just one example of your so-called command of the English language.  I don't know who you where implying was involved but it could have been any number of people that have commented.

And for the record, I was not one that made any requests nor do I participate in these purported back-room politics.  I enjoy a lively debate but when the discussion starts to move into potential slander or subtle demeaning of others, that's where I have zero tolerance.

  

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Post Posted: Sun Sep 13, 2009 7:11 pm 
 

In the interest of keeping civil, I did not elaborate on the discussions that have surrounded this thread off board. I only offer explanation of why I have edited the tone of previous posts and the fact that some felt afronted by them, and the politics involved. I did this in response to questions posted in thread and by private message.

Sorry, dbartmen, but I cannot be more specific without annoying those directly involved. But what I posted goes some way to explain why posts were edited. Most people reading the posts you quoted will know whether or not they contacted me off board, and the content of their messages. They should therefor know whether they have asked me to alter posts or not.   :?
dbartman wrote:I enjoy a lively debate but when the discussion starts to move into potential slander or subtle demeaning of others, that's where I have zero tolerance.

I know what you mean. I have a very similar reaction to dishonesty. But this is the first time my lack of tolerance has led to me being asked to amend my posts.


This week I've been mostly eating . . . The white ones with the little red flecks in them.

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Post Posted: Sun Sep 13, 2009 8:00 pm 
 

mbassoc2003 wrote:. But this is the first time my lack of tolerance has led to me being asked to amend my posts.


You lack tolerance Ian? - Surely not, I've always likened you to Mother Teresa :D  :wink:

Seriously though, sad day when you feel you have to edit posts like you have.


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Post Posted: Mon Sep 14, 2009 2:37 am 
 

have to agree, it is odd to have to amend your posts. Whilst there may have been confrontation or hard point questioning, I don't think that there was anything slanderous?
maybe a mis-understanding of auction running from two different sides of the water, where perhaps things are run differently, who knows.
And I'm pretty sure Frank is strong enough to hold his own argument as he showed throughout the sub-thread.
The whole section just doesn't run right now, which is a shame.


Rolls a '3'

"Did I hit.....?"

  
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