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Ebay

You guys kill me. Half of you bitch about the FCC's stupid ass laws in the FCC section, and then when someone decides to do something about it, you laugh at him for trying.

Shioda has been around this forum for a long time. I don't know him personally, but I can tell from his posts that he knows the FCC's laws WAY BETTER than any of us here. He even got CW MORSE to shut up in a recent thread after it became quite clear who knew what they were talking about and who was just a blow-hard.

If Shioda says he's a lawyer, I believe him. I deal with attorneys all the time in my day job, and I can usually spot a phony. If he gets ebay to back off of their retarded radio listing policies, he's OK by me. I hate frivolous lawsuits and the attorneys that bring them. However, the FCC's laws on this subject are vague, their application of the law is arbitrary, and eBay needs to get better things to do than make policy based off what some wanna-be ham police tells them.

I would love to see what the outcome of this is. Shioda, if you want,email me a copy of your license to practice law. I won't post any personal info, but maybe my verification will satisfy a few on this site.
 
Yeah I feel everybody's pain here....and now I need an aspirin. Ebay IS being jerky but what else is new?

To play on ebay, you have to agree to their rules (terms of service.) So that pretty much wipes everything out. Kind of like this site. If you don't like the rules then hit the road. If something is a problem you can talk with the people and attempt to negotiate with them, but they are not obligated to deal with you or change anything if they don't wanna.

Did we ever hear why THIS 949 was disallowed but all of the other ones on there are ok?
 
My clients are Jim, Don and Ed, and Mark. Those of you who are knowledgeable about the industry know who I am. I have the go ahead to sue if I want. Ebay is about money, and if they are looking at paying a lot they will change their policy.

So again, if you received a notice from Ebay about a certified CB, I want to know about it. I may be asking about notices re 10 meter radios later. Right now I am just looking for info about 11 meters.
 
I was just reading the court doc referring to Ranger. I found an email that was withheld by the FCC was very telling as to the opinions of some FCC employees. This email was helpful to Ranger in having their case dismissed when Ranger's attorney disclosed it-

Another telling document is Defendant's Exhibit L--an e-mail written from FCC employee Gary Hendrickson to Julius Knapp (another FCC employee) and apparently referencing the "Motion to Dismiss" filed by Defendants in this case. The e-mail reads in part as follows:
In your note on the transmittal slip, you made the comment that to your knowledge "none of the major brands can be modified to operate outside amateur bands--certainly not with the ease provided on the Ranger units."
Unfortunately, this isn't quite the case. Virtually all models of the major brands of "real" amateur equipment CAN be modified for out-of-band operation. This applies both to MF/HF and to VHF/UHF amateur equipment from Icom, Kenwood, Yaesu, etc. Usually, the mods require opening up the unit and removing a resistor or diode-on some, a switch which is hidden on an obscure P.C. board has to be flipped. The mods may not be quite as easy to accomplish as on the Ranger units, but we're just talking about a matter of difficulty.
The mod information is readily available in the amateur versions of the "radio mod" books. The manufacturers will tell an amateur how to do it if he provides them with a copy of his license. Many of the ham radio store's service departments will do the mods (usually upon showing of a license).
There is an exemption in the Rules which permits the use of non-type accepted equipment in the Amateur Radio Service, and for MARS and CAP use. For some strange reason, this exemption is found within the CB Rules (See 95.655(a)), rather than in Part 2! (If we're going to provide a "loophole" for manufacturers, let's be sure to place it right where they can easily find it!) ....
(Def.'s Ex. L.) This document is susceptible to the interpretation that FCCengineers believed at the time of this message that the radios imported by Ranger were not legally distinguishable from modifiable radios, which radios, arguably, were not prohibited by law at the time of the criminal conduct at issue.
Click to expand...
http://www.lawmall.com/abuse/abranger.html
 
Check this out. A friend of mine got a little miffed about his amp getting taken off-

HLA 300v hf amplifier with fans - eBay (item 180473599019 end time Feb-24-10 10:38:11 PST)

To the idiot that got this auction kicked off: I bought this new from a retailer right here on ebay who ran mulitile auctions for this item for 30 days at a time. DO NOT KICK this off as per ebay's agreement with the retailer it is okay to sell this item.
To Ebay: If you kick this off again, I am done! It is unfair for one retailer to be able to sell this item for months and multiple auctions and then you kick it off.[ As a matter of fact if you check my history you will see I bought this thing hummmm,,,,,on ebay!]
To all the people who were watching the auction for 9 days to see it kicked off the last day: I am truly sorry. [I bet the retailer had something to do with it being kicked off].
It is being offered as a buy it now, I bought this new $485 including tax and shipping...hooked it up once to insure that it worked and found it too long to fit in my truck....It is absolutely mint and works as per factory specs....Buyt it now before it gets booted again.
USA SALES AND SHIPPING ONLY!!!!!!!!
No exceptions.
Click to expand...

It stayed and sold
 
Shioda said:
"All CBs can transmit out of the 40 channels if you make enough changes."
Click to expand...

The fact is that once you open the radio and make any changes/modifications to the modulation, transmitter, or frequency coverage it is no longer "Type Accepted". If you need to see the rules, regulations, and laws regarding this you should contact the FCC directly.

Jim
 
Shioda said:
I threatened to sue them before, and we agreed not to sue if they removed the list. If they put it back up, then I my client is going to really be mad about it.

All CBs can transmit out of the 40 channels if you make enough changes.

You got something in writing from ebay saying certified CB radios are illegal, I want a copy
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And when you make those changes, your "certified CB radio" is no longer certified. And if eBay says you can't sell it, it's THEIR call.
 
Round one has been fired. Anyone with email from eBay stating that RCI, Connex or Galaxy radios are illegal, please forward them to my attention.
 
Shioda said:
Nope. I have two court cases stating the Connex and Galaxy 10 meters are legal. One case, the court held the FCC list of illegal radios is not a valid basis for saying the radios are illegal and that the Connex is not "easy to modify." The other case, the FCC stated that it no longer claims the Galaxy is illegal. I have dealt with Ebay before. They will settle by agreeing not to drop the Ranger 10 meter radios anymore.
Click to expand...

Why in the world would you want to fight the cb manufacturers battle for them??? If they were at all concerned, they would have done that themselves! You should be worrying about something important instead of wasting the courts time with frivolous lawsuits.:blink:
 
packrat said:
Why in the world would you want to fight the cb manufacturers battle for them??? If they were at all concerned, they would have done that themselves! You should be worrying about something important instead of wasting the courts time with frivolous lawsuits.:blink:
Click to expand...

I represent Ranger
 
Shioda said:
Round one has been fired. Anyone with email from eBay stating that RCI, Connex or Galaxy radios are illegal, please forward them to my attention.
Click to expand...


So you're a lawyer going to sue ebay, no doubt for damages, and no doubt you are charging for your services...and you want to "PLEASE" {us} into helping you with your case?

I have several of these emails.

How much will you PAY for them?
 

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