eBay has an API program for developers, but it's rather expensive. I'm
wondering what their position is on 3rd party software that interacts
(parses html/posts to forms) with their website is. I'm not talking
about a program that sucks up email addresses or sends messages to
users of course, but a program that streamlines the transaction
process in a way beneficial to an ebay business.

I'm looking for as many relevant links as you can find on this.

Hello gllen,

I have received an official response from Ebay and it does not look
good (as predicted by my colleague sgtcory-ga). There is however the
chance that you will still be able to get permission to do this, but
it seems that the API would be the way to go. I also have another
possible solution for you at the very end, but first here is the
response from Ebay:

= = = = = = = = = = = = = = = = = = =

Hi <name removed>,

To answer your question regarding third-party software parsing the
HTML on the site, you should know that this is prohibited by the eBay
terms of use. Moreover, it's unwise, since the design of the site
changes frequently and a change in the page layout would break your
application.

We think that the eBay API is a much cleaner way to create
applications using the eBay marketplace and we think you'll agree
after you try it.

Please let us know if you have any further questions regarding the
eBay Developer Program.

Thanks,

<name removed>
eBay Developer Relations
developer-relations@ebay.com
http://developer.ebay.com

= = = = = = = = = = = = = = = = = = =

Hi <name removed>,

The language from the User Agreement reads as follows:

"You agree that you will not use any robot, spider, scraper or other
automated means to access the Site for any purpose without our express
written permission."

You can find the complete User Agreement here:

  http://pages.ebay.com/help/policies/hub.html

Please let us know if you have any further questions.

<name removed>
eBay Developer Relations
developer-relations@ebay.com
http://developer.ebay.com

= = = = = = = = = = = = = = = = = = =

I did go ahead and ask Ebay what the “official procedure” is to get
express written permission, but have not yet received a reply. If I do
receive a reply, I will let you know (but somehow I do not think you
are likely to receive such permission).  My suggestion at this point
however, is to pitch your idea to the email address
mailto:developer-relations@ebay.com. You might also be able to
negotiate a discount of some sort for your first year (assuming your
project will be profitable and you have a sound business plan it might
be in the best interests of Ebay to agree).

I do wish you the best of luck and hope that you will be able to
somehow figure this out and go ahead with whatever project you are
planning on. If you are unable to find a way, you might want to try
contacting someone who is already in the Ebay Program for Developers
and seeing if there is anyway they can help you (perhaps you could
contract them to build an application for you). People who are already
registered are allowed to outsource API call costs, and you might be
able to work out something that way.

All the best,

tisme-ga

---

Clarification of Answer by tisme-ga on 10 May 2003 11:18 PDT

Thanks for the five star rating!

Here is another bit that I have just received that might provide you
with a spark of hope:

Taking into consideration the (very important) caveat that nothing we
discuss can be considered confidential, can you describe in general
terms what you have in mind? It's possible (although vanishingly rare)
to make exceptions in this case; it's also possible that what you have
in mind is on deck for an upcoming revision in the API, or we may be
able to use your input to make the case for making a change to the API
in the future).

Thanks,

<name removed>
eBay Developer Relations
developer-relations@ebay.com

Thanks for all your help, great answer (even though it's not what I
wanted to hear). :)

There does not seem to be a policy on ebay that will restrict you from
building this application. Following is the evidence I have gathered
to support this:

On the Ebay Developer website, there is this question and answer:

Q: I have already built an application that works with eBay. Should I
join the Developers Program?
A: If you want to build the most stable and reliable applications
possible, you should consider joining the eBay Developers Program.
When you join the program, you can use the API to interact directly
with eBay's data. Because the API is not dependent on the eBay user
interface, it allows you to create stable, custom functionality and
that best meet your business needs.
SOURCE: http://developer.ebay.com/DevProgram/business/faq.asp#gen8

Note that not ebay does NOT let everyone use the API, and they list
many tools on their website that interact with their website, but do
not use API calls. There does not seem to be any official rules that I
could find, and I used both the community boards, live chat and read
through all the policy pages without finding anything prohibiting or
restricting such applications.

I don't consider this as a complete answer and hopefully another
researcher will be able to better assist you. I am quite sure however
that you will be fine... I have sent emails to ebay in an attempt to
find out and if I receive a reply I can submit that as an official
answer.

Here's a program caled AUCTION STEALER. It isn't literally what its
name implies, but it may give you an advantageous edge in some
instances.

http://www.auctionstealer.com/home.cfm

Regards;
tutuzdad-ga

Hello gllen,

Great question. I recalled a time when Ebay(tm) was in litigation with
a few companies that were doing something similar. I think this is
exactly why they created the API program.

If you look at section 7 of their User agreement, I believe we can
interpret it to mean that you would need to contact Ebay before using
such software, since you would either need to access their database to
post the information, or would be parsing their data for use in your
program.


Ebay User Agreement (See Section 7)
"You agree that you will not use any robot, spider, scraper or other
automated means to access the Site for any purpose without our express
written permission...."
http://pages.ebay.com/help/index_popup.html?policies=user-agreement.html


Here is a sample of a web service that has been blocked by Ebay in the
past, that performs a *similar* function (aggregates search results) :


U.S. Judge Blocks Web Bot from Ebay Site
http://www.computerworld.com/news/2000/story/0,11280,45439,00.html
By Linda Rosencrance and Melissa Solomon

The result of the above lawsuit
"The law recognizes no such right to use another's personal
property..."
http://news.com.com/2100-1017-241083.html?legacy=cnet&tag=st.ne.1007.



Their user agreement remains cautious enough to recommend getting
permission first. The companies that Tisme mentioned, may already have
permission, thus the links from the Ebay website.


Since Tisme has sent out emails to Ebay, I would rather wait to see
their official postion on this before offering an answer, but I am
certain they will refer us to the User Agreement.


Hope it helps -

SgtCory