
Online sellers are always one step ahead, as was the case of a recent inquiry we received from a reader regarding eBay and its launch of seller tools that use Artificial Intelligence (AI):
"I am wondering with the eBay AI offerings for product descriptions - who owns this content? Does eBay own the descriptions they generate? Can they be legally cross-listed to other sites?"
eBay CEO Jamie Iannone told Wall Street analysts in early May that it was in the process of integrating the ChatGPT API into the core listing flow - and sellers noticed the availability of a tool that would create AI-generated descriptions for their listings later that month (in the eBay mobile app).
eBay officially announced the tool on September 7, 2023 - see the following video it used to describe it.
eBay is mining sellers' listings to create AI-generated content. Would and could eBay then claim the content as its own Intellectual Property (IP)?
The eBay User Agreement has included for many years a provision eBay can exercise sellers' IP rights when they provide content when using its services (
see section 9, "Content").
But did eBay add anything to its terms about AI-generated item descriptions? We searched for "artificial intelligence" in the eBay User Agreement and found the following two provisions (
see section 6, "Listing Conditions"):
"You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by eBay or third parties such as translation, image editing, and generative artificial intelligence tools,"
"Artificial intelligence-based tools may be used to provide you with content; availability and accuracy of these tools and content are not guaranteed,"
We didn't see any provision allowing or restricting sellers from using those AI descriptions on other sites (reminder - we're not lawyers).
We searched Google for "Who owns intellectual property created by AI" (the search bar auto-filled as we typed, indicating a lot of people have this question). Skimming the top results indicate there's not a clear-cut answer. In April,
Harvard Business Review ran an article outlining the issue and the risks in, "Generative AI Has an Intellectual Property Problem."
The authors said legal questions are still being resolved - "For example, does copyright, patent, trademark infringement apply to AI creations? Is it clear who owns the content that generative AI platforms create for you, or your customers?"
They also wrote in part, "As this burgeoning technology develops, users must respect the rights of those who have enabled its creation - those very content creators who may be displaced by it."
Complicating matters is that Iannone indicated eBay used a third-party tool to power its gen-AI tool - could Chat GTP claim IP rights to sellers' descriptions?
For now, the relevant question for sellers is whether the eBay AI-generated descriptions are good enough to use on eBay, never mind good enough to copy to other sites. Keep us posted on what you're seeing on eBay and other platforms when it comes to tools that use Artificial Intelligence.