Ina Steiner EcommerceBytes Blog
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by Ina Steiner, Editor of EcommerceBytes.com
Thu Dec 28 2023 21:02:09

Can You Use eBay AI-generated Descriptions on Other Sites?

By: Ina Steiner

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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.



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Readers Comments

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: Fruitylovesyou This user has validated their user name.

Fri Dec 29 02:09:01 2023

Open ai/chatgpt explicitly does not claim ownership. however, companies that use their tech can depending on the service they're providing. More than likely they have a partner or developer that's implemented ai instances.  If you're putting content on their site the marketplaces will claim it as their intellectual property, woofpoint didn't get it for free.

I would imagine if you were foolish enough to use it verbatim on your site, you will end up with a lil tick mark beginning infringer  because the marketplace would be considered originator which chatgpt already can mine for.   Then POW, you collect enough ticks you're a full blown content thief,  they won't deplatform you, they'll take your money and bury everything you create in any search.

Or maybe its a good thing?! They're good peeps right?

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: CT Bay This user has validated their user name.

Fri Dec 29 06:48:57 2023

They are too dumb to keep up with that or do anything about it. Does your copy/paste work? Yea, you can use it.

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

This user has validated their user name. by: COVID-19

Fri Dec 29 07:38:47 2023

AI is no different than a certain bigwig university president. It too plagiarizes.

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: papergoy This user has validated their user name.

Fri Dec 29 09:07:08 2023

I am not a lawyer however things written or drawn by a computer cannot hold copyright.  Thus, I would argue as a layman, yes.  There are court decisions out there on the copyright issue if you'd like to read further, but I certainly, from what I've read, believe it is fair game, and, leaving out TOS of eBay, you could legitimately copy/paste someone else's description if AI generated as well and not have violated copyright.

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by: lessthanthreerecords This user has validated their user name.

Sat Dec 30 11:12:31 2023

That's a good question!  As though we need one more reason NOT to let eBay bots write our listings for us!

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: P.S. This user has validated their user name.

Mon Jan 1 01:31:55 2024

Do you feel using the AI is a good selling tool? It's to wordy to sound like me.

I've tried it a couple of times and have to change it so much- doesn't that make it non- exclusive to eBay?

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by: Chicago48 This user has validated their user name.

Mon Jan 1 05:07:10 2024

to P.S.  I use it sometimes for the description.  But I edit the "wordy" description that AI spits out.
I think it's a good tool.  EB and AMZ are the only sites I know that have it embedded.

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: I_Fix_Dolls This user has validated their user name.

Mon Jan 1 06:13:54 2024

A court, ruling on whether AI artwork could be copyrighted, ruled no. That AI was only "Noise" . Probably the same rule would be applied to what AI produces as descriptions.  

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: LJW This user has validated their user name.

Mon Jan 1 09:27:36 2024

What difference does it make? Nobody reads descriptions anyway. Not only do I get returns because buyers can't be bothered, but I get tons of questions that are answered in the description or pics.To be clear, most buyers are attentive, but it doesn't take many to generate enough returns to cost a ton of money.  

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This user has validated their user name. by: toolguy

Mon Jan 1 11:01:32 2024

Off Topic:

I got a great idea for eBay!

It's called: See It 1st

For $20 a month you can see scheduled Buy It Now listings before they go live.

It would give fee paying buyers a chance to score items before non enrolled people could.

That way all those in the program get 1st shot at the Great Deals eBay has to offer.

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: eBetsy This user has validated their user name.

Fri Jan 5 13:26:21 2024

Why would you want to use eBay's AI-generated description on other sites? Or even on eBay, for that matter? It is far too wordy and usually comes across as very hucksterish (think "snake oil").

AI-generated content is also very much subject to GIGO: garbage in, garbage out. In other words, its quality — or lack thereof — depends upon your keywords and how they are interpreted by the AI bot.

I think overall it's a clever use of AI, but it requires human oversight. Not all sellers will realize that fact and/or take the time to provide such oversight.

It can be a useful jumping-off point to get you started, but as both a seller and a buyer, I much prefer bullet points rather than a lengthy (and usually somewhat stilted) narrative description.

Perminate Link for Can You Use eBay AI-generated Descriptions on Other Sites?   Can You Use eBay AI-generated Descriptions on Other Sites?

by: BatmanOfOz This user has validated their user name.

Sat Jan 6 03:46:03 2024

AI...you mean that Thing that puts SIX FINGERS on the Hands of its computer-generated people?!  Yeah...No Thanks!!
Not Today, Skynet!
And, eBay...I Won't Be Back!

^^X^^



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