USA v. eBay Court Filing, retrieved on January 11, 2024, is part of
16. On or about May 21, 2019, EcommerceBytes published an a1ticle entitled, "Did You Know eBay Built a Lavish NYC Pub-Style Lounge?" The article reported that Executive 1 had commissioned the construction of a pub--Walker's West-on eBay's corporate campus, modelling it after a New York City bar. The article contained links to a contractor's website, which featured pictures of the project and a description of the pub.
17. Baugh alerted Executive 3 to the article by email that night, with the subject "Fwd: Ina Steiner- Walker's West."
18. Within hours, Executive 2 contacted a public relations consultant about the Walker's West article. Executive 2 wrote: "I'm just no longer accepting 'ignore' as a broader strategy and want to fight back. Look forward to talking ASAP to get your assessment ofhow to do that most [e]ffectively."
19. Thereafter, eBay communications employees sent information to the consultant about the Steiners, including their buying-selling history on eBay and the perspectives of eBay employees who knew them.
20. On or about May 31, 2019, Executive 2 and Executive 3 exchanged messages regarding Ina Steiner and EcommerceBytes. In relevant part:
a. Executive 2 described an EcommerceBytes article discussing Executive l 's presentation to shareholders during eBay's 2019 annual meeting as "[s ]hockingly reasonable";
b. Executive 3 referred to Ina Steiner as a "cow";
c. Executive 2 responded, "Her day is coming ..."
d. Executive 3 stated, "I can't wait. II Jim Baugh came to me with some thoughts and I told him to stand down and leave it alone."
e. Executive 2 responded, "You are being too kind ... tell him to be my advisor on this issue II Some times you just need to make an example out of someone. Justice II We are too nice. She needs to be crushed"
f. Executive 3 responded, "I told [Baugh] I would raise to you and you would let him know ifyou want him to proceed - but knew you were working on something and didn't want to step into that."
g. Executive 2 responded with a "thumbs up" emoji.
21. On or about June 6, 2019, Baugh tasked the GIC with tracking all of lna Steiner's and EcommerceBytes' articles and social media posts concerning eBay.
22. On or about June 7, 2019, beneath the letters "FYSA" [For Your Situational Awareness], Executive 2 forwarded to Baugh the emails about the Steiners that eBay had shared with the public relations consultant.
23. On or about June 7, 2019, at Baugh's direction, Gilbert (the retired police captain) traveled to the Boston area to surveil the Steiners.
24. On or about June 8, 2019, Baugh called the Steiners' home in the middle of the night and hung up without speaking to them.
25. On or about June 8, 2019, Gilbert went to the Steiners' home in Natick and scrawled the name "Fidomaster" on their fence.
26. On or about June 17, 2019, the consultant proposed steps to reduce the Steiners' and EcommerceBytes' impact on eBay. The consultant recommended that eBay either (1) create or promote company-friendly content that would drive EcommerceBytes' posts lower in search engine results; or (2) terminate the Steiners' eBay accounts for violations ofthe company's Terms of Use. Neither proposal was adopted.
27. On or about June 25, 2019, Executive 2 messaged two eBay communications employees about an EcommerceBytes article comparing eBay and another ecommerce company. After observing that he could not "complain about [Ina Steiner] pointing out fair bumps in our road", Executive 2 stated: "Love it when a secret, we can't speak it out loud plan comes together ... ® ", and added, "We always reserve the right to go 0-60 and get crazy on her ass, but this is a huge adjustment the last month. Ever since the Walker's post... ([smiley emoji]".
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This court case retrieved on January 11, 2024, from ecommercebytes.com is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.