On 3/29/2013 6:10 PM, Kevin Christner wrote:
Bill,

While I am sure many appreciate your efforts, since BobD has made
such as issue of contracts, lets take a look at the one you broke by
e-mailing people from Tim's want ads...

Bold Print: "These ads are intended for private sellers only, not for
other aircraft dealers, Brokers, Resellers or Commercial vendors!"

Your site likely falls into the broker or reseller category. So you
likely violated Tim's terms of service. Sorry, but true.

I disagree. Offering free ads to people who have posted an ad on what
appears to be a "free ad" website isn't brokering, because the host does
not get involved in the transaction - the host is just a publisher. It's
not reselling, either, as the host does not own the advertised glider in
any way - again, it's just publishing, like newspapers publish ads but
are not brokering or reselling.

By "appears to be a free ad website", I mean there was no apparent quid
pro quo between W&W and person advertising their glider; specifically,
W&W did not and _still_ does not state exclusivity is a condition for
hosting the ad. In fact, this sentence from the W&W website says there
is no compensation for the service.

"As always, there is never any charge for the listing and Wings & Wheels
does not request nor will accept any commission or compensation for this
service."

Personally, I believe requiring exclusivity _is_ compensation for the
service. So, while I believe BobD overreacted with his posting, I think
Tim triggered the issue by not making his policy clear at the start, and
is setting himself up for a repeat by still not listing his policy.

--
Eric Greenwell - Washington State, USA (change ".netto" to ".us" to
email me)