Legal Q: eBay TV ad

Factual Questions
1

Have you seen those annoying eBay TV ads to the tune of “My Way”? I see one a few days ago and again tonight, and there’s a line in the song: “The feedback shows / That you won’t get hosed.”

Now in lookin at eBay’s Feedback FAQ, I find the question “Does a high feedback rating mean that an eBay member has a great reputation?” and the answer “Not necessarily. In most cases, a high feedback rating is a good sign, but you should always check a member’s feedback profile for any negative remarks. It’s best not to judge users only on their feedback ratings.”

Let’s say I buy something from somebody on the basis of their having a high feedback rating and they do indeed hose me. What kind of legal-type action has eBay opened itself up to by advertising that the feedback rating is a solid indicator of a seller’s reliability and trustworthiness?

This is all hypothetical, BTW, no legal action being contemplated by yours truly.

2

Hypothetically, their attorneys would tell you that you simply misunderstood the lyrics.

The lyrics actually state that you will not get hosed. The feedback shows this.

The case being described indicates one purchase of a hose, from someone with very bad feedback. You will pay, but not recieve your purchase. In effect, you will not get hosed.

3

You’d have to prove what they mean, in particular, by “the feedback shows”. For instance, they could say they meant “over 10,000 with zero negatives” and be reasonably sure of being correct.

4

Besides the term “feedback” applies not to the ratings, but to the actual comments.

5

Also, how much did they have to pay for the rights to the song “My Way” and to alter the lyrics?