Sunday, December 7, 2008

Flip of the Week Contest 11: Cool '80s Skateboard, Wedgwood, Signed Vase amid the Junk

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2) Flip of the Week Contest 11: Cool '80s Skateboard, Wedgwood, Signed Vase amid the Junk
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[ To enter the next contest, simply email me at juliawilk@aol.com with the story of your find!]


Hi Julia,


I found your blog while searching for the 26 mile yard sale in Alabama. I signed up for your newsletter and have really enjoyed the few I've read. I'm going to check out the archived ones. This is a story about my best flip.


My husband is a licensed auctioneer and we own a live auction house in Pine Mountain, GA. When we are not having our own auction; we are at some other auction or yard sale. Believe it or not we can buy at a yard sale and make money selling at a live auction. We are certified yard sale and auction addicts!


Recently a small local live auction advertised an Antiques and Collectible Estate Auction. When we got there we were sooooo disappointed. There were no antiques; only JUNK with a capital J. Box deals of old telephones. Dollar store collectibles (is there such a thing?) Anyway, you get the idea.


They did a table choice full of such box deals and invited everyone to come up and look. I went of course, I can’t pass up looking at old junk; always in search of the TREASURE that someone missed. And there it was lying on it’s side in the middle of all those old worthless huge cordless phones that they don’t make batteries for any more, and broken and repaired dollar store items. I acted not very interested but bid $2.00. No one else bid and I got my choice of all those boxes of treasure.


The pottery vase I had spotted had a mark on the bottom of a potter at a potters wheel and Pisgah Forest 1939. That night about midnight when we got home I looked at the completed listings on eBay and there was one that sold for around $50.00.


I looked at current listing and there was one listed for $50.99 that was ending the next night.


I listed mine early the next morning so Maybe the person bidding on the other one could have a pair. I listed it for $35.00.


A fair price I thought because mine wasn’t perfect. Some glaze flaking off around the bottom of the piece. Within a few hours I had my minimum bid. The next morning it was at $100.00 and closed at a phenomenal $178.50. Here is the link. It was purchased by the curator of a museum in Washington state. http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=190243941367&ssPageName=STRK:MESE:IT


Here is the listing:


Turquoise Vase Pisgah


Forest 1939 North


Carolina Pottery


Estate Sale


This beautiful old piece is really special. It is large 9 inches tall by 19 inches around the widest part. The base and the mouth are both 4 inches across. It has a beautiful turquoise crackle glaze and the inside is a creamy pink color. Both colors are vivid not faded at all.




This piece has the following trademarks: Pisgah Forest 1939 with the logo of a potter working at the potter wheel. (see the pictures) The condition of this item is good there are no breaks, cracks, or repairs there is however; a lot of crazing or it may be the type of glaze that is crackled (enlarge the picture and it will be visible), also around the very bottom edge of the piece on one side there is some chipping off of the glaze.


It can still be displayed and look good by turning the side with the chipping to the back (again if you enlarge the pictures you can see it.) I took a couple of pictures up close of this area. There is also some bubble pops inside the mouth (again see close up picture.) These small imperfections don’t detract from the value or beauty of old pottery; it is still a fine example of American folk art.


Here is some information from the website of the Mint Potters Museum in North Carolina:


In 1901, W.B. Stephen and his mother, Mrs. Andrew Stephen opened their first pottery in Western Tennessee, named Nonconnah Pottery. Later, in 1913, after the death of his mother, W. B (Walter) Stephen opened the Pisgah Forest Pottery, at the foot of Mount Pisgah, in Ardon, N.C. The pottery is chiefly known for a turquoise blue glaze that is sometimes crackled.


Marks vary from "Pisgah Forest Pottery," with or without a rough motif of a potter at work, to "Stephen."


The Pisgah Forest Pottery was owned and operated by W.B. (Walter) Stephen from 1926 to 1961. Today, the pottery is operated by Tom Case, who is the grandson of Walter Stephen.


Many of the pieces produced at Pisgah Forest in the early 1900's are excellent examples of American folk art. A number of museums such as the Smithsonian, the North Carolina Museum of Art, and the Mint Museum in Charlotte own examples of Pisgah Forest Pottery. inches


My user ID is countrysideauction and my eBay store is Countryside Auction.


I have been selling on ebay actively since May 22, 2008 after I stumbled on one of Lynne Dralle's articles and was inspired beyond all reasoning; to jump in deep with both feet!!


----


Hey there countryside auction! ;) Sooo sorry for the delay; I know this is pathetically late. Two family members (incl. myself) have had a horrible flu. A new newsletter is percolating now and I will def. put your entry in.


Great find! Don't you love it when those lame sales redeem themselves with that one special item? I think that's what keeps us at it. ;)


A lovely vase indeed...I always turn those things over and look for a mark..lately my luck has not been so good! I bet you have a lot of great finds if you run an auction house.


Well thanks again for the entry...new newsletter coming soon!


Keep selling! Julia


~~



Hi Julia,


I can't find the link to send along my "Flip Of The Week".


[Note from Julia: there actually is no link per se, tho I should create one; you simply email your find story to me at juliawilk@aol.com.]


However, if you're accepting them here, here it is:


I reluctantly went to an auction with my husband in Pennsylvania, and we were only there to look around, but I couldn't resist the urge to bid on the lower-priced table items.


I struck up a conversation with an actual antique dealer who kept nudging me in the side whispering "bid on that, bid on that!" I took her advice and raised my paddle and won a big (really big) box of porcelain plates and bowls for $7.50. Well I let it sit for 6 months and last week I went through it and found a dinner plate that was selling in the range of $99.95.


I figured, "whole box, $7.50," I'll be conservative and list the plate at $59.95 and it sold for $66.01. WOW! A dinner plate for $66?!? Who would have ever thought? Now I'm going to try to sell the bowls too -


Oh, ALL WEDGWOOD COLUMBIA GOLD (Sage Green).



[Note from Julia: The above photo is not Bev's actual find, but a photo of a similar plate in that pattern I got off eBay].


lol,


Bev


Women and cats will do as they please. Men and dogs should just relax and try to get used to the idea.


~~


Hey Bev!


I'm sorry -- I think I missed seeing this flip on time! That's wonderful...Wedgwood stuff can be awesome. :-) Hard to believe a plate can sell for that much..but it can, and more! I think I wrote a while back about how I bought a reticulated old Meissen cabinet plate for $150 and sold it for about $300. The book value on it was even more.


I'll enter you in the next flip contest, as I just sent the last newsletter out. Great entry and thanks for your patience.


Keep reading and selling,


Julia


~~~~


Hi Julia!


I've been reading your newsletter for about a year now and have always wanted to send in a unique flip idea and finally got my chance recently!


My husband was a skateboarder in his day and has always told me to look for old skateboards during my garage sale-ing hours. I know I've seen a few but I just didn't believe him that those old broken looking boards were worth anything. But one brave morning, my friends and I hit a sale where I spent a lot of time because I found a whole tub of Legos for my son (oh, if only I could eBay them - it would break his heart!) and the teenager selling them told me the price was $5. Well, while I was drooling over the tub of Legos, I noticed an old broken down skateboard leaning up against their mailbox.


For some reason it caught my eye. My friends and I left the sale and as we drove away, I started to realize that the stickers on it were for 1980's skate brands. Not sure how I remembered those brands -- maybe because I grew up in a surfing town where skaters and surfers were sometimes one and the same. I saw "Jimmy-Z", "Gotcha", and "Airwalk" stickers. I asked my friend Andrea to slow down after we turned around and I rolled down my window. I asked him how much for the skateboard and he said $4. I took the chance, paid him, and put the skateboard in the trunk.







The minute I walked through the door with my garage sale finds, my husband's eyes lit up.. Apparently he had a similar board and it was rare. We looked it up and it was a "Santa Cruz" Rob Roskopp #3. Who knew? I sold it last week for $147.


It's sold for a lot more in the past but my husband says my pictures falsely make it look like there is damage. No use crying over spilt milk, however, as I'm happy with my $143 profit!


Here's my auction link: http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=280269754830&ssPageName=STRK:MESO:IT&ih=018


Thanks, Malia


~~~


Hey Malia! So sorry for the delay...son has been ill, various other random stuff that slows me down. Wow..that is so fun about the skateboard! Another niche I don't think I ever thought of. Esp. that the '80s skateboard stickers, brands etc are so desirable.


It's funny..I bought a board that looked a lot like that one, minus the stickers, for my son for a few bucks..gonna have to go back and take a look at it!


You're entered into the contest..thx so much and watch for a new issue soon!


:)


Happy selling,


Julia


OK, so for the winners..countrysideauctions and Malia tie for first...you'll win a set of eBay-related books or a complete set of eBay collectible pins. Bev is runner up and wins a tote bag and the other eBay trinkets I have left from eBay Live 2008 (oh the suspense of it all!).


Entrants all, pls. email me at juliawilk@aol.com with your USnail address. :-)


Next issue we'll have more fabulous prizes! So mail in those entries.


*********************
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**Don't have five minutes to read the newsletter now? Print it out and read later.**
[For more writing and photos throughout the month, check out Julia's bidbits blog at http://www.bidbits,net ]


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The Basket People: the Longaberger Mother Load

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1) The Basket People: the Longaberger Mother Load
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I'd heard a lot about Longaberger baskets, and how well they sell, what good products they are, how they last forever, blah, blah, blah, but never come across any. For me, it takes actually seeing something in person to get excited about it.


Well, a few weeks back was my weekend for Longaberger. I drove past a sign for an estate sale that I hadn't seen advertised on craigslist or the paper. And it was only one sign off one of our main local roads, close to the sale's street. So not many people knew about it.


Of course, I had to investigate. I pull up, and there they are. Baskets...lots and lots of baskets. All out in the front yard. Or so I thought.


I poked through many cutesy Longaberger fabric-lined, limited edition basets, trying to find ones that would resell well.


Then the ladies running the sale said there was more in the house. Hoo-boy, was there! This was one of those totally unsorted, messy sales...everything strewn all over. Looks terrible, unless you're a shopper who doesn't mind digging through all that stuff, like I do...not to mention it's better to find under-the-radar items that way.


One room off the main level had mugs, baskets, basket lids, Fenton vases, etc. etc. and so forth, all over the floor and on some shelves. I got three Fenton vases for $10 each..one of which had a Longaberger signature on it. and I plucked a nice Longaberger American Work basket, a very nice sturdy basket with a wooden lid, off the shelf behind a bunch of other stuff.


The basement was a bonanza -- Longaberger placemats, shower curtains, valances, more baskets...large market baskets, smaller market baskets, and even craft supplies. One room in the basement was so full of boxes stacked with Longaberger stuff, the cleared space on the floor was only one person wide, and you'd have to trade places with anyone standing there or you couldn't get to the back of the room to dig.


Well, as an aside, I just have to mention that is one of the things I find very annoying at these sales, when someone is just planted there going through stuff in a tight space, blocking access to everyone else. That was the case in this room. I wanted to pick my way through the boxes in the back, but this lady had plunked herself down in a seat blocking the way, and was slowly and methodically rooting through stuff in a secretary desk on the side of the wall. Well, I didn't feel like dealing with the situation, and there were two other full rooms to explore, so I moved on.


In the end, I picked up several brand new Longaberger shower curtains, placemats, a valance, fabric basket liners, two market baskets, the aforementioned American Work basket, and two collectible fabric-embellished baskets with plaques. Not to mention the Fenton vases! Oh, and a scrapbook kit.


So who were the basket people?


Well, I saw them the second day. That's right, I went back the next day of the sale. There was a huge wall made of Longaberger baskets and other products, all stacked in a row on the lawn outside the front of this house, and a very serious woman was standing in front it with her arms crossed. I thought at first she was simply one of the people working the sale, and asked her a question about pricing or such, and she let me know in no uncertain terms that none of that stuff behind her was for sale, but that she was guarding it.


Sure enough, a couple SUVs and a truck pull up with more people...who I shall call The Basket People, and they loaded up baskets like you wouldn't believe in their vehicles. I don't know what they paid for all that stuff, but I'm sure it wasn't cheap. However, it was cheap enough that they were probably going to make a killing on all that stuff.


Well, I had my little haul, and I also knew I had some learning to do about what prices these baskets would actually realize on eBay, so I was OK with it. But again, I think people could be nicer at these sales sometimes. But you all have heard me go on about that before.


So what did I learn?


- Some of the most valuable and collectible baskets are labeled "J.W.," which are a limited edition named after the founder's first and middle initials. For example, one recently sold for $305.00. However, it was pretty vintage and rare. But they all tend to do well.


- Bigger is usually better. The hampers retail for around $300 -- they were selling one for around $100 at the sale, but a lady was hovering around it and at that time I didn't know what they resold for, so I didn't go for it.


The big picnic and market baskets do very well too.


- People love basket "combos" where you offer a fabric liner, plastic protector, wooden lid, etc. etc...so if you get a chance to buy accessories, to sell with baskets or separately, go for it.


- Longaberger is known for its quality and being long-lasting. I have already found this to be true with the four placemats and market basket I kept for myself. The placemats are very sturdy and have withstood washing and even my putting them in the dryer a few times, when they are really supposed to dry flat.


That's right...sometimes it's good to keep a few items for yourself! It will also remind you of that really fabulous sale you came across when you see them.


I also bought a set of brand-new placemats in a lovely blue/teal color to give to my sister for Christmas. (I don't think she reads this newsletter-- let's hope). That's right...estate sales are great places to get inexpensive but quality holiday gifts. But that's a whole 'nother article!


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Yard Salers: Nov. 25: The Basket People, Gifts that Keep on Giving

Yard Salers: Nov. 25: The Basket People, Gifts that Keep on Giving



Subscribe at: www.yardsalers.net



Please forward to a friend!


Hello, all!


Please forgive me for the lateness of this issue. The family has been felled by illness in recent weeks..well, specifically, my son and then I. I won't bore you with the details, but suffice to say if I had it to do over, I would get that flu shot.


I've been to a few memorable estate sales since last writing you all. One of them has stuck in my mind with the phrase "The Basket People." I'll explain why in the first article in this issue.


Another cool one was in a house in Southern Maryland, which had its own barn, and I shall heretofore reference it as "The Barn Sale." I figure it can't hurt to give your sales nicknames.


A third one I simply chanced upon via craigslist.


I find craigslist to be pretty hit-and-miss. The thing is, you're going to miss the hits if you don't look regularly. One of the nicest things I saw on there recently was this lovely wooden cabinet/sideboard by Broyhill -- that someone was just giving away for free because they were moving! I thought, someone could probably make a whole business by hiring two burly guys to haul off good free furniture, storing it in their house or warehouse (you would need a room or two or more for storage), and then reselling it on eBay as a local pickup auction, or even on craigslist itself, or other site. Maybe even rubylane.com if it's an antique.


Now, my husband would cry especially foul if I started hauling home whole pieces of furniture, instead of the smaller items like dishes and books he puts up with now.


And, of course, some of the stuff being given away for sale is...just, well, butt-ugly, if you'll pardon my French.


Back to this good sale, though. Speaking of larger items...usually, yes, I stick to smaller items..books, jewelry, maybe art that's not too huge..but I saw some things I just could not pass up.


Two antique chandeliers. And sconces. One for only $35, with a solid brass fixture and real leaded crystals. I was actually poking through a few large stacks of cd's, not hopeful of finding much, when I heard the lady giving the sale talking about how she was surprised no one had yet bought these two great antique chandeliers they had for sale. Everyone had come for the tools and building material.


In fact, the sale had been advertised as mainly a tools sale..with something like, "Men..don't miss this sale!"


I picked up the smaller chandelier and saw that it was very nicely made. It was also small enough that I could easily put it in the car, and it could be shipped for a non-astronomical price if I put it up on eBay.


I bought it for $35 and it sold for $149 a week later. The lady who bought it got a good deal (I think it would retail for $300-$400), I got a good deal, and the people who got rid of it just wanted to get rid of it.


The other chandelier is quite a bit bigger, but it was so lovely and had such an interesting backstory (it was allegedly brought over from France by Lillian Russell, and the house actually had some reclaimed stained glass from a Russell estate in it which I saw with my own eyes, so I believe it). It also had an old door which had been in one of Winston Churchill's office, and was the coolest thing.


It did not sell on the first go-round on eBay (one reason being I had to do it as a local pickup; it is just too heavy), so I have it in my store and have one lady interested in it who's tying to figure out a ride for the thing. Yes, the lovely old chandelier is going to try to hitchhike.


Another interesting find I got there was a wonderful old US Naval commission document which had been signed (most likely by autopen) by Andrew Johnson. I got it for $25 and it sold for close to $200.


These finds just show you, you never know about a sale. Sometimes you just have to show up and see for your own eyes. As Woody Allen said (I think it was he), 90% of life is showing up.


As to the "miss" part of craigslist, sometimes things can seem pretty overpriced. I came across this one posting I thought was funny, from one person frustrated with this situation...I thought I'd share it with you all. It's snarky but funny:


HEY, JEWELERY SELLERS...WAKE UP TO REALITY!!!!! - $1


Reply to: xxxxxx Date: 2008-10-30, 5:28PM EDT


It's about time that all jewelery sellers woke up and realized certain things: 1) saying that you are sacrificing something for a portion of the appraisal price is ridiculous because we all know that appraisal values are marked up at least 100%;


2) the original retail price that you paid for something from a chain jewelery store is even more ridiculous because we all know that stores mark up prices 200%;


3) used jewelry (and that is what you are selling) is worth much less than new jewelry;


4) you need to lower your expectations in this economic environment as you obviously need money if you are selling something;


5) BUYERS DETERMINE MARKET VALUE AND SOMETHING IS ONLY WORTH WHAT SOMEONE IS WILLING TO PAY FOR IT, NOT WHAT YOU MAY THINK IT IS WORTH. IF SOMEONE THOUGHT YOUR SELLING PRICE FAIR, YOUR JEWELRY WOULD HAVE SOLD ALREADY! Many of you have re-posted the same ad for your same, unsold jewelry for over two months. Why? Because no one thinks your price to be fair! Wake up! Stop getting mad at others for offering much less than your unrealistic asking prices. Their offer prices to buy are actually much more realistic than your offer prices to sell. They have the cash, you need the cash. Figure it out.


~~~~~


OK...welllll..'nuff said.


And before I forget...the "gifts that keep on giving" in this newsletter's title is...estate-sale sourced earth-friendly wrapping "paper" -- by this I mean one or two scarves in holiday colors, which you can get for a song (look for red, green, gold or holiday pattern), tie them around your gift box, and secure with a sparkly dirt-cheap rhinestone or othe festive brooch you got at a yard sale.


It keeps on giving because they can wear their wrapping paper, or use it to wrap someone else's gift.


There's more in this issue, about making lemons from the current economic (as in bad) environment, and more. But let's go ahead and get into it.


Meantime, everyone have a happy and safe Thanksgiving, and I hope your Black Friday puts you very much in the black. B-)


Julia


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Garage sale and wholesaler expert Pat Bateman has put together a fabulous ebook about making regular income with yard sales, finding wholesale goods to sell, using drop shippers, and more. Right now I'm offering it at a special preview price for $8.95. PayPal me at juliawilk@aol.com and you will receive the ebook via email, usually within hours.


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Don't forget the facebook group for Yard Salers:


- http://www.new.facebook.com/group.php?gid=27871336031 if you are already a facebook member.


Or, go to facebook, select the "Groups," and search for the "Yard Salers." Once you have clicked into the group, you simply join using the "join" link. (You do need a facebook account to do all this).


To check out the ning Yard Salers social network go here:


http://yardsalers.ning.com


*********************
The First and Most Thorough eBook of eBay Prices: "What Sells on eBay for What" (aka "Julia Classic.").


If you're new to Yard Salers or haven't yet read this ebook jammed with prices and tips for flipping stuff on eBay, you can still get the subscribers' 1/2 price of $12.49 -- an instant download -- by going here. HALF PRICE.
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In This Issue:
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1) The Basket People
2) Flip of the Week Contest 11: Wedgwood, American Folk Art Vase, Cool 80s Skateboard
3) Coasting on the Ivory Coast and Other Bad Puns
4) Stores Closing - An Opp to Buy Closeouts
5) Reader Mail
*************************


[ Pls. See Next Post for Article 1]



Wednesday, September 10, 2008

New Terapeak Tool Compares eBay Sales of NFL Teams



Hi all,



Hal from Terapeak marketing has contacted me a few times about their new tools, and I've been bad about blogging about them. So I'm going to try to get this one out right away.



This tool lets you compare NFL items on eBay based on teams -- with # items sold, average price, and total sales. http://www.terapeak.com/nfl



For example, the Skins (aka the Redskins, my hometown team) stuff has an average sale price of $86.61, Hey, that's pretty good! I think I'm gonna raid my closet and put some stuff up. I also noticed it's a bit higher than the average sales price of Cowboys stuff. (Ouch, sorry about that, couldn't resist! Anyway, info from Hall below and the link):



--

"This is Hal again from Terapeak with our latest fun tool�and I think this one�s my fave so far.



With the NFL season having kicked off last weekend, we�ve developed a league-wide sales index that compares the eBay sales of all 32 teams. Sorting either by conference or division, you can see how each team ranks in Total Sold Items, Average Price, and Total Sales. As always, it also includes a bloggable widget, so that as the standings take shape over the next couple months, you can track the rise and fall of each team�s sales.



As expected, the Cowboys are selling nearly twice as well as the next-best team (Pittsburgh), but there are plenty of surprising results. Last year�s Super Bowl combatants, the Patriots and Giants, both rank fifth in their respective conferences in terms of Total Sales, behind three non-playoff teams: the Bears, Browns and Jets (we�re sure Brett Favre�s jersey sales aren�t hurting). Jacksonville, meanwhile, winners of 12 games last year (including a road playoff tilt at Pittsburgh), have sold fewer items on eBay in the past 30 days than any other team in the NFL!



You can view the full index at http://www.terapeak.com/nfl, and a link to the widget just right of the magnifying glass. Please feel free to use either yourself, and pass the link on to anyone else you feel might be interested.



Thanks!



Hal"



Tuesday, September 9, 2008

Court Refuses to Restrict the Sale of CDs on eBay

A friend of mine sent me this clipping..which I excerpt below:



"COURT REFUSES TO RESTRICT THE RESALE OF CD�S ON EBAY



UMG Recordings v. Troy Augusto





"This case involves a suit brought by UMG, a music recording company,
for copyright infringement against Augusto for selling copies of Promo
CDs, which were initially distributed for promotional use only, and
labeled with the following:



"This CD is the property of the record company and is licensed to
the intended recipient for personal use only. Acceptance of this CD
shall constitute an agreement to comply with the terms of the license.
Resale or transfer of possession is not allowed and may be punishable
under federal and state laws.�





Augusto was not an �intended recipient��he purchased these
promotional CDs from music stores and online auctions before reselling
them on eBay. Augusto counter claimed that UMG violated the Digital
Millennium Copyright Act by knowingly misrepresenting to eBay that
Augusto�s auctions infringed on UMG�s copyrights to halt his sales.
Both parties moved for summary judgment on these claims.





Neither party disputed the facts that UMG owned valid copyright in
the Promo CDs and that Augusto sold the Promo CDs to the public in
violation of UMG�s exclusive right to=2
0do so. Augusto, however, argued that his sales were legal under the
�first sale doctrine�. [The first sale doctrine permits owns who owns a
physical object, such as a book, whose content is subject to copyright,
to sell the book without violating the author�s copyright.] To prove
that these sales were legal under this doctrine, the court required him
to prove that: (1) the CDs were lawfully manufactured with UMG�s
authorization; (2) UMG transferred title to the CDs; (3) He was the
lawful owner of the CDs; and (4) He disposed of, but did not reproduce
the CDs. It was undisputed that UMG lawfully manufactured the CDs and
that Augusto simply sold them (as opposed to reproducing them).




In examining whether UMG transferred title to the intended
recipients of the Promo CDs when sending them out, the court made it
clear that if UMG did so, then Augusto lawfully owned the CDs at the
time he sold them, permitting him to lawfully sell them under the first
sale doctrine. If UMG did not transfer title to, and retained ownership
of the CDs, then Augusto was not the lawful owner, and the first sale
doctrine could not apply.





The court noted that, while the language on the CDs purported to
create a license, UMG distributed the CDs with no intent to regain
possession, no consequence for the loss or destruction of the promo
CDs, and no instructions for the recipients to return the CDs. This
created, in their minds, strong presumption of a sale20rather than a
license. Additionally, unlike typical licenses, the licensing of these
CDs does not provide any recurring benefits to the copyright owner,
strengthening the proposition that this is actually a sale or a gift,
rather than a license. In fact, the court determined that the only
apparent benefit UMG was gaining by labeling this a license was the
ability to restrain distribution of the CDs. The court held that the
distribution of the Promo CDs should be characterized as a sale,
protecting Augusto via the first sale doctrine.





The court additionally noted that the Promo CDs could be
considered a gift under federal law. The CDs were �unordered
merchandise� which were sent without the �prior expressed request or consent of the recipient�; in such circumstances the merchandise may be
treated as a gift by the recipient, with no obligation to the sender.
By sending the Promo CDs to the music industry insiders, UMG
transferred title to those individuals, meaning that the CDs are
subject to the first sale doctrine.




Lastly, Augusto additionally argued that UMG abandoned their Promo
CDs under California Law, claiming that UMG did not possess the Promo
CDs, and that UMG intended to abandon them. While UMG no longer
possessed the Promo CDs, the court held that mere passivity on the part
of UMG was not enough to be considered abandonment.





Regardless, UMG was found to have transferred title to the
recipients of the CDs, giving Augusto protection under the first sale
doctrine, making his resale of the Promo CDs legal. The court granted
Augusto Summary Judgment on the copyright infringement claim.



[stuff deleted]



Augusto was granted summary judgment on the copyright infringement
claim, and UMG was granted summary judgment on the DMCA counterclaim.





This case calls into question [for the first time] whether the
sale of discs with other licensed content, such as RF images can be
restricted by the copyright license. While license agreements for RF
images, provides that the license is not transferable, the physical
disc is an object that is most likely owned by the purchaser of the
disc. Photo libraries, as well as music labels, do try to stop the
resale of RF discs on eBay, as it is contrary t
o the language on the license.



The question is, whether title to the
disc is transferred to the designer that purchases the disc, or is the
disc as well as the images just licensed and remains the property of
the photo library. The language on CD packages should be reexamined to
try and avoid the consequences of this decision."



Wednesday, September 3, 2008

Google's Chrome Browser: First Impressions

Here are my first impressions of Google's new Chrome browser. In short, it's a shiny ball of fun which is also wonderfully useful.



Chrome_4



The first thing that hit me was the cool, shiny-looking Chrome logo...a round ball made up of the distincting bright Google colors. I like the way they gave it a 3-D and realistic look.





Once the browser installed, I thought the translucent-looking borders were cool.





- Most visited sites: Then it told me it would create a "most visited" area: The "Most visited" area shows the websites that you use most often.



After using Google Chrome for a while, you will see your most visited sites whenever you open a new tab. You can learn more about this and other features on the Getting Started page.



Following the Getting Started link, you are prompted with "What makes Google Chrome different," including that it will give you suggestions for both search and web pages as you type in the address bar.



If you want more differences, you can click "view all features." Google famously keeps its information coming at you minimal, so you can choose what you want and only get more when you have the time.



- Easy, "Instant bookmarking."



"Want to bookmark a web page? Just click the star icon at the left edge of the address bar and you're done. Learn more."   I like that. I hate having to click something and then monkey with a drop-down menu as well to bookmark something. I just want to click once and be done with it.



- Cool comic book. A comic book available on the Chrome dashboard explains the story of Chrome and why it was developed the way it was, for today's more application-based web use. I love that they documented their story of such a modern, cutting-edge tool with one of today's most popular formats, the graphic novel or comic book.



I went to three sites at first -- 3 of my usual stomping grounds -- eBay, YouTube and AOL. Then, next time I fired up my Chrome browser, they were right there in neat little boxes, awaiting my click.



So far, for me using the browser, it's a great start. Google has created a browser which has taken into account the way we use the web today and given us many conveniences.





Tuesday, August 5, 2008

The Art of Pricing - Pricing auction items for profit without scaring away customers

The Art of Pricing



Pricing auction items for profit without scaring away customers



At what price should you start your auction items? There seems to be an abundance of opinions on the subject, plenty of which contradict one another.



For example, one school of thought recommends you start everything at $9.99, because your eBay insertion fees will be lower. (The $9.99 price is one of the thresholds for eBay's insertion pricing tiers: As I'm writing this article, an auction item starting at $1-$9.99 has an insertion fee of 35 cents, whereas an item starting at $10-$24.99 has an insertion fee of 55 cents). Using this approach, you hope market forces will give you a fair final sale price for your item.



Another common theory is to start everything at an even lower price, like $1, to garner your items more attention�and bidding. Again, you are relying on the ever-popular market forces to get you a fair sales price. You may also need to sell a high volume of items to make up for those items that fail to meet expectations and wind up selling at that disappointing dollar.



This low-price/high-volume strategy is one used by jayandmarie, the renowned eBayers who sell "1 Cent CDs." They start every CD at a penny; and some close at a penny, while others sell at more than $70.



�The best strategy is to start with a realistic price that is the least you will be satisfied with for that item�
Some sellers start listings at the highest price they think they can get from the get-go, figuring the elevated number will convey cachet to their items and make bidders wonder what's wrong with the cheaper stuff. You see this strategy in action, somewhat strangely, on amazon.com, where one used copy of a book is listed at a ridiculously higher price than the next-closest book on the list.



After listing hundreds of items and analyzing all the different starting and final sales prices, I've come to the conclusion that the best strategy is to start with a realistic price that is the least you will be satisfied with for that item. (Note that I said satisfied with). You have to take into account the possibility that your item will sell at its starting price.



In the best-case scenario, your item will get bid up higher and you'll make even more money. In the worst case scenario, the item doesn't sell at this go-around, but you can relist it at auction, or even send it to fixed-price in your eBay Store, where it can patiently await that right buyer.



There is also the scenario that the item simply sells at the starting price on the first go-around, which is fine, because you built your profit margin into that number. And, of course, you needn't worry about any more listing prices or eBay Store fees.



This lesson was reinforced for me when I found a unique designer belt with a wonderful coyote head buckle. It was highly collectible and I'd seen similar belts from that designer go for more than $100. But I started it at a very modest $29.95. Although it had five watchers, it wound up selling for that humble starting price, to my surprise. Later, the buyer admitted she thought the starting price was too low, and she would have paid more for it. I could have priced it higher and patiently waited for the right buyer to come along�and I am confident they would have. Lesson learned.



So, unless you are selling in volume and using very low-priced items as "loss leaders," protect yourself and put modest but profitable starting prices on your auction items. People love a bargain, but you can provide them with that without giving away the store.