Showing posts with label battle. Show all posts
Showing posts with label battle. Show all posts

Friday, August 10, 2012

Analysis: EBay lures big retailers in Amazon battle

By Alistair Barr and Dhanya Skariachan

Tue Aug 7, 2012 5:46pm EDT

n">(Reuters) - EBay Inc, once a scrappy auction site for mom and pop sellers, is enticing some of the world's largest retailers by arguing it can help them compete better against e-commerce leader Amazon.com Inc.

EBay Chief Executive John Donahoe and other executives have been telling retailers that Amazon is their enemy, while eBay is a friend because, unlike Amazon, it holds no inventory.

Amazon buys products wholesale, stores them in inventory and sells them to consumers at higher prices - like all retailers. EBay says it just matches buyers and sellers.

That message is sinking in, especially among brick and mortar retailers that are losing market share to Amazon.

"As retailers look for new vehicles for growth eBay becomes a natural partner - a better partner than Amazon," said Sucharita Mulpuru, an e-commerce analyst at Forrester Research.

When RadioShack Corp reported a surprise quarterly loss last month, Chief Executive Jim Gooch told analysts that the electronics retailer had set up an eBay storefront to help the company reach new customers online.

Barnes & Noble, Toys "R" Us, GNC Holdings, Aeropostale and Neiman Marcus are among other big retailers that now have storefronts on eBay. Best Buy Co Inc sells mobile phones and wireless plans on eBay.

On Monday, eBay said it was testing a same-day delivery service called eBay Now with Target Corp, the second-largest U.S. retailer, and other big retailers including Macy's Inc, Nordstrom Inc and Walgreen Co. Amazon offers same-day delivery in some areas already.

The foundations of eBay Now rest on Milo, a start-up eBay acquired in late 2010 which lets merchants upload in-store inventory onto eBay's online marketplace. When shoppers search on eBay now, they see what online sellers are offering, but also which nearby physical stores carry the product.

More than 50,000 stores in the United States have uploaded inventory to eBay, via Milo, including major retailers Home Depot Inc, Ikea, Lowe's Companies Inc, Sears Holdings Corp and J.C. Penney Company Inc.

"It's simple: location, location, location," said Ben Schachter, an analyst at Macquarie. "Sellers have to go to where the buyers are."

EBay has more than 100 million active shoppers on its online marketplace, he noted.

"Retailers don't have those kinds of numbers coming to their sites and buying," Schachter said. "They would love to only sell through their own site, but they have to go where the buyers are, and many are on eBay."

'WORST-KEPT SECRET'

Amazon has a lot more active customers - about 180 million - but some retailers steer clear still.

Barnes & Noble, which has been hammered by Amazon, has had an eBay storefront since late 2010 and mostly uses it to sell refurbished Nook gadgets. Toys and books were added in May 2011.

"EBay has been an exceptional partner, working with Barnes & Noble to effectively promote Nook to its massive user base," said Barnes & Noble spokeswoman Mary Ellen Keating. "Amazon is a competitor. We don't sell on Amazon and have no plans to do so."

Toys "R" Us does not sell on Amazon either. More than a decade ago, the largest toy retailer had exclusive rights to supply some toys on Amazon's website. That partnership ended in litigation and Amazon is now a leading toy retailer in its own right.

"It's the worst-kept secret in the retail industry," said Mulpuru. "When you partner with Amazon, they are looking at your data, learning your business and have ambition to get into every category."

Among the 100 largest retailers in the United States, most are choosing eBay over Amazon, according to Scot Wingo, chief executive of ChannelAdvisor, which helps merchants sell on both online marketplaces.

An Amazon spokesman declined to comment.

Amazon's marketplace for third-party sellers is growing rapidly and Wingo said that would not be happening if all retailers thought Amazon was the enemy.

The lure of Amazon's massive customer base is still powerful for many.

"We take any chance of getting new eyeballs and Amazon is just so large in the world of e-commerce," said Jerry Deboer, senior vice president of marketing at Jos. A. Bank, which has Amazon and eBay stores.

RadioShack also has both, and big retailers including Office Max and Sephora run Amazon stores.

Adding large sellers to eBay's marketplace helps the company in several ways.

EBay takes a cut of sales, so higher-volume sellers may help the company generate more revenue and profit.

EBay and retailers declined to discuss fees. However, eBay charges less for top sellers and negotiates individual deals with the biggest and best, according to Wingo.

EBay has struggled in the past because some of the products on its site were listed poorly or of questionable quality, and customer service from small sellers is not always what it could be. Big retailers are more likely to sell higher-quality products, categorize them more and provide better service.

DIFFERENT SHOPPERS

Retailers say eBay storefronts attract different shoppers than the ones who come to their own websites and physical stores.

EBay shoppers often search for deals, so some retailers use eBay to sell end-of-season or outlet products at lower prices.

Neiman Marcus' eBay storefront sells apparel, shoes and accessories under the Last Call brand, its outlet business.

EBay provides data to retailers to help them check if the shoppers who come to their eBay storefronts overlap with their existing customer base, according to Michael Jones, vice president of merchant development at eBay.

"By and large, people see this as a very significant incremental channel for them," Jones said.

In early 2010, eBay started including storefront inventory in results when shoppers searched on the website's front page. That has helped retailers place their products in front of more consumers, according to Jones.

(Reporting by Alistair Barr and Dhanya Skariachan; Editing by Jonathan Weber, Edwin Chan and Matthew Lewis)


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Saturday, June 30, 2012

Megaupload founder still faces NZ extradition battle

By Gyles Beckford

WELLINGTON | Fri Jun 29, 2012 1:14am EDT

WELLINGTON (Reuters) - The suspected kingpin of an Internet piracy ring still faces a battle to avoid extradition from New Zealand but the case against him has likely been weakened by a ruling that search warrants used by police were illegal, experts said on Friday.

New Zealand's High Court ruled on Thursday that warrants used to search the home of Megaupload.com founder Kim Dotcom were invalid and the seizure of evidence, including computer hard drives, was illegal.

It also ruled that the copying of the evidence by the U.S. Federal Bureau of Investigation (FBI) and sending it to the United States was also unlawful. The case is the FBI's highest profile action against global copyright theft.

While the ruling did not kill the extradition case against German national Dotcom, also known as Kim Schmitz, one legal commentator said it had likely made it more difficult.

"If the major plank of the extradition argument relies on the evidence obtained from the searches, then I would have thought there's a problem," Jonathan Krebs of New Zealand's Law Society told Reuters.

"That's not to say the case will fall over, it may be there's a lot of other evidence that the authorities can put before the court arising from the United States or somewhere else in the world," he said.

Dotcom, 38, was one of four men arrested during a dramatic raid on his luxury country estate, outside New Zealand's largest city, in January as part of FBI-led investigations.

Prosecutors say Dotcom led a group that had netted $175 million since 2005 by copying and distributing music, movies and other copyrighted content without authorization.

His lawyers say the company simply offered online storage.

The High Court said the search warrants were too vague and did not properly spell out either the offences or the evidence being sought, but has left it to a hearing next week to decide on what further steps will be taken.

New Zealand police have said they are discussing their next step with prosecutors, while the FBI said it would respond in court at the appropriate time.

TREMENDOUS BLOW

A U.S.-based lawyer for Megaupload said the rulings were a "tremendous blow" struck in his client's defense against the piracy charges.

"The government was engaged not only in wrongful conduct but in double wrongful conduct: they weren't allowed to go ahead and do the initial seizure ... (and) they violated the law again by bringing them (hard drives) offshore when they weren't allowed to," lawyer Ira Rothken told Radio New Zealand.

A U.S. Federal Court will hear several motions later on Friday that the company cannot be charged with criminal behavior because it is Hong Kong based and that no papers have ever been served formally.

"The court may hear a motion to dismiss Megaupload, we also have in the queue a motion to release funds," Rothken said.

The extradition hearing for Dotcom and his three co-accused on copyright theft and money-laundering charges is set for August. Under New Zealand law, the alleged offences must be an offence in both countries punishable by a jail sentence.

"The judge didn't comment on the admissibility of the evidence for the extradition hearing," said Otago University law lecturer Kevin Dawkins.

The judge in the extradition hearing would have to "go through a balancing act" when considering what evidence to accept, he said.

A public interest group, the Electronic Frontier Foundation, will also ask the U.S. court to free the private and legal data of people who stored material with Megaupload.

Before it was shut down in January, Megaupload was one of the world's most popular websites, where millions of users stored data, either for free or by paying for premium service.

Authorities say megaupload.com and related sites cheated copyright holders out of more than $500 million.

Dotcom mocked U.S. and New Zealand authorities in a Twitter post after Thursday's court ruling, showing a computer monitor encased in police 'crime scene tape' and asking if any of his 40,000 followers had a pair of scissors.

Dotcom was originally denied bail after the raid and jailed for a month, but the courts have progressively eased the conditions on him, allowing him back into his mansion, giving him access to hundreds of thousands of dollars for living and legal expenses, and removing travel and meeting restrictions.

(Editing by Paul Tait)


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