Eric and others,

Here is a good link to intellectual property rights called the Berne 
convention: http://www.law.cornell.edu/treaties/berne/overview.html

It is my personal opinion that ebay should be shut down for all plant 
sales. I have had many of my pictures stolen by ebay sellers, in fact 
they have often put their copyright right on top of my photos! ebay 
is very unresponsive and actually does very little about problems 
like this. They make the process difficult and time consuming, often 
people just give up dealing with them after a while.

There are other reasons I think e-bay should be shut down for all 
plant sales. First of all does everyone know out there that the sales 
of plant material across borders are regulated by the various states 
departments of agriculture? Once plants are sold and move across 
state lines it is illegal unless your business ( if you sell plants 
you are a business) is regulated ( registered or certified) by the 
department of agriculture in the state the plants are grown in or 
shipped from. Many ebay sellers don't have these certificates or 
aren't regulated. There are fees involved and this is one of the 
things that separate a professional company from an amateur hobby 
type business. Does everyone think it is fair that we have to pay 
these fees to be in business and a back-yarder or basement grower 
does not?  As a professional nurseryman who has been in this business 
since 1978 I think that ebay should at the very least be sure that 
sellers of any plant material be registered and or certified with the 
Dept. of agriculture in their states. In addiiton, e-bay should also 
certify that these folks are bonafide businesses with Tax Id numbers 
and resale certificates.

I can tell you horror stories of illegal orchid plants being shipped 
from foreign countries. Just a couple of years ago our state 
(Minnesota) dept. of Agriculture had to shut down an e-bay seller who 
was selling Hostas that had a new kind of virus (from Holland) not 
known in the states before. The seller was selling these Hostas as 
novelty plants with "unique" foliage. This was a hobbyist type 
grower/re-seller.

I believe that if you are going to sell and ship orchids or other 
plants across state lines then you are a business and should be 
subject to the same requirements and regulations (and costs) as any 
other professional nursery would.

Sincerely, Jerry Lee Fischer

Orchids Limited
4630 Fernbrook Lane N.
Plymouth, Minnesota 55446
USA
Toll-free: 1-800-669-6006
Local: 763-559-6425
Fax: 763-557-6956
Website: www.orchidweb.com
Email: [EMAIL PROTECTED]

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