EBAY » Topics » Other Items

This excerpt taken from the EBAY 10-K filed Feb 17, 2010.

Other Items

Employees

As of December 31, 2009, eBay Inc. and its subsidiaries employed approximately 16,400 people (including temporary employees), approximately 9,700 of whom were located in the U.S.

Competition

We encounter vigorous competition in our businesses from numerous sources. For our Marketplaces segment, our users can find, buy, sell and pay for similar items through a variety of competing channels. These include, but are not limited to, online and offline retailers, distributors, liquidators, import and export companies, online and offline auctioneers, catalog and mail-order companies, classifieds, directories, search engines, products of search engines, virtually all online and offline commerce participants (consumer-to-consumer, business-to-consumer and business-to-business), online and offline shopping channels and networks. As our product offerings continue to broaden into new categories of items and new commerce formats, we expect to face additional competition from other online and offline channels for those new offerings. We compete on the basis of price, product selection, and services. Our growth rates in our most mature markets have significantly slowed and we are losing market share in some segments. For our Payments segment, our users may choose to pay through a variety of alternative means, including other online payment services, offline payment methods such as cash, check or money order, and traditional online or offline credit card merchant accounts. To compete effectively, we may need to expend significant resources in technology and marketing. These efforts may be expensive and could reduce our margins and have a materially adverse effect on our business, financial position, operating results and cash flows and reduce the trading price of our stock. Despite our efforts to preserve and expand the size and diversity of our users’ online community and enhance the user experience, we may not be able to continue to manage our operating expenses or increase or maintain our revenue to avoid or reduce a decline in our consolidated net income or avoid a net loss. For more information regarding these risks, see the information in “Item 1A: Risk Factors” under the caption “Our industry is intensely competitive, and other companies or governmental agencies may allege that our behavior is anti-competitive.”

 

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Seasonality

We expect transaction activity patterns on our websites to mirror general consumer buying patterns. Please see the information in “Item 7: Management’s Discussion and Analysis of Financial Condition and Results of Operations” under the caption “Seasonality.”

Technology

Our Marketplaces and Payments platforms utilize a combination of proprietary technologies and services as well as technologies and services provided by others. We have developed intuitive user interfaces, customer tools and transaction processing, database and network applications that help enable our users to reliably and securely complete transactions on our sites. Our technology infrastructure simplifies the storage and processing of large amounts of data, eases the deployment and operation of large-scale global products and services and automates much of the administration of large-scale clusters of computers. Our infrastructure has been designed around industry-standard architectures to reduce downtime in the event of outages or catastrophic occurrences. We are continually improving our technology to enhance the customer experience and to increase efficiency, scalability and security. For information regarding technology related risks, see the information in “Item 1A: Risk Factors” under the captions “Our failure to cost-effectively manage certain aspects of our business could harm us,” and “System failures could harm our business.”

Intellectual Property

We regard the protection of our intellectual property as critical to our success. We have entered into confidentiality and invention assignment agreements with our employees and contractors, and nondisclosure agreements with parties with whom we conduct business in order to limit access to and disclosure of our proprietary information.

We aggressively protect our intellectual property rights by relying on federal, state and common law rights, as well as a variety of administrative procedures. We actively pursue the registration of our trademarks, copyrights, patents and domain names in the U.S. and international jurisdictions. The expansion of our business has required us to protect our trademarks, patents and domain names in an increasing number of jurisdictions, a process that is expensive, may require litigation, and may not be successful in every location. We have registered our core brands as trademarks and domain names in the U.S. and a large number of other jurisdictions and have in place an active program to continue to secure trademarks and domain names that correspond to our brands in markets of interest. If we are unable to secure our trademarks or domain names, we could be adversely affected in any jurisdiction in which our trademarks or domain names are not registered.

Third parties have from time to time claimed, and others may claim in the future, that we have infringed their intellectual property rights. We currently are involved in several such legal proceedings. Please see the information in “Item 3: Legal Proceedings” and in “Item 1A: Risk Factors” under the captions “We are subject to patent litigation” and “We may be unable to protect or enforce our own intellectual property rights adequately.”

Segments and Geographic Information

For an analysis of financial information about our segments as well as our geographic areas, please see “Note 6 — Segments” to our consolidated financial statements included elsewhere in this Annual Report on Form 10-K. Please see the information in “Item 1A: Risk Factors” under the caption “There are many risks associated with our international operations.”

Available Information

Our Internet address is www.ebay.com. Our investor relations website is located at http://investor.ebayinc.com. We make available free of charge on our investor relations website under the

 

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heading “SEC Filings” our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and amendments to those reports as soon as reasonably practicable after such materials are electronically filed with (or furnished to) the SEC. Information contained on our websites is not incorporated by reference into this Annual Report on Form 10-K.

 

ITEM 1A: RISK FACTORS
These excerpts taken from the EBAY 10-K filed Feb 20, 2009.
Other Items
 
Employees
 
As of December 31, 2008, eBay Inc. and its subsidiaries employed approximately 16,200 people (including temporary employees), approximately 9,950 of whom were located in the U.S.
 
Competition
 
We encounter vigorous competition in our businesses from numerous sources. Our users can find, buy, sell and pay for similar items through a variety of competing channels. These include, but are not limited to, online and offline retailers, distributors, liquidators, import and export companies, online and offline auctioneers, catalog and mail-order companies, classifieds, directories, search engines, products of search engines, virtually all online and offline commerce participants (consumer-to-consumer, business-to-consumer and business-to-business), online and offline shopping channels and networks. As our product offerings continue to broaden into new categories of items and new commerce formats, we expect to face additional competition from other online and offline channels for those new offerings. We compete on the basis of price, product selection, and services. Our growth rates in our most mature markets have significantly slowed and we are losing market share in some segments. For our Payments segment, our users may choose to pay through a variety of alternative means, including other online payment services, offline payment methods such as cash, check or money order, and traditional online or offline credit card merchant accounts. For our Communications segment, our users may choose to use their local telephone companies, cable providers and other VoIP providers. To compete effectively, we may need to expend significant resources in technology and marketing. These efforts may be expensive and could reduce our margins and have a materially adverse effect on our business, financial position, operating results and cash flows and reduce the trading price of our stock. We believe that we will be able to maintain profitability by preserving and expanding the size and diversity of our users’ online community and enhancing our user experience, but despite our efforts, we may not be able to continue to manage our operating expenses to avoid or reduce a decline in our consolidated net income. For more information regarding these risks, see the information in “Item 1A: Risk Factors” under the caption “Our industry is intensely competitive, and other companies or governmental agencies may allege that our behavior is anti-competitive.”
 
Seasonality
 
Our fourth quarter has historically been our strongest quarter of sequential revenue growth. However, this was not the case in 2008 due primarily to the impact of the global economic environment and the strengthening U.S. dollar, which impacted the fourth quarter in particular. We expect transaction activity patterns on our websites to increasingly mirror general consumer buying patterns. Please see the information in “Item 7: Management’s Discussion and Analysis of Financial Condition and Results of Operations” under the heading “Seasonality.”
 
Technology
 
Marketplaces and Payments
 
Our Marketplaces and Payments platforms utilize a combination of proprietary technologies and services as well as technologies and services provided by others. We have developed intuitive user interfaces, customer tools and transaction processing, database and network applications that help enable our users to reliably and securely complete transactions on our sites. Our technology infrastructure simplifies the storage and processing of large amounts of data, eases the deployment and operation of large-scale global products and services and automates much of the administration of large-scale clusters of computers. Our infrastructure has been designed around industry-standard architectures to reduce downtime in the event of outages or catastrophic occurrences. We are continually improving our technology to enhance the customer experience and to increase efficiency, scalability and security. For information regarding technology related risks, see the information in “Item 1A: Risk Factors” under the captions “Our failure to cost-effectively manage certain aspects of our business could harm us,” and “System failures could harm our business.”


11


Table of Contents

Communications
 
Skype’s VoIP communication and other services are delivered through a peer-to-peer network architecture, in which users joining the network provide a significant portion of the technology resources (for example, computer bandwidth and hardware) that enable Skype’s products. To access Skype’s products, users download Skype software over the Internet. Skype utilizes a combination of proprietary technologies and products as well as technologies and products provided by third parties to design, develop and support its products. For more information regarding Skype’s technology risks, see the information in “Item 1A: Risk Factors” under the caption “Skype depends on key technology that is licensed from third parties.”
 
Intellectual Property
 
We regard the protection of our intellectual property as critical to our success. We have entered into confidentiality and invention assignment agreements with our employees and contractors, and nondisclosure agreements with parties with whom we conduct business in order to limit access to and disclosure of our proprietary information.
 
We aggressively protect our intellectual property rights by relying on federal, state and common law rights, as well as a variety of administrative procedures. We actively pursue the registration of our trademarks, copyrights, patents and domain names in the U.S. and international jurisdictions. The expansion of our business has required us to protect our trademarks, patents and domain names in an increasing number of jurisdictions, a process that is expensive, may require litigation, and may not be successful in every location. We have registered our core brands as trademarks and domain names in the U.S. and a large number of other jurisdictions and have in place an active program to continue to secure trademarks and domain names that correspond to our brands in markets of interest. If we are unable to secure our trademarks or domain names, we could be adversely affected in any jurisdiction in which our trademarks or domain names are not registered.
 
Third parties have from time to time claimed, and others may claim in the future, that we have infringed their intellectual property rights. We currently are involved in several such legal proceedings. Please see the information in “Item 3: Legal Proceedings” and in “Item 1A: Risk Factors” under the captions “We are subject to patent litigation” and “We may be unable to protect or enforce our own intellectual property rights adequately.”
 
Segments and Geographic Information
 
For an analysis of financial information about our segments as well as our geographic areas, see “Note 4 — Segments” to our consolidated financial statements included elsewhere in this Annual Report on Form 10-K.
 
Available Information
 
Our Internet address is www.ebay.com. Our investor relations website is located at http://investor.ebay.com. We make available free of charge on our investor relations website under the heading “SEC Filings” our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and amendments to those reports as soon as reasonably practicable after such materials are electronically filed with (or furnished to) the SEC. Information contained on our website is not incorporated by reference into this Annual Report on Form 10-K.


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Table of Contents

ITEM 1A:   RISK FACTORS
 
Other
Items



 




Employees


 



As of December 31, 2008, eBay Inc. and its subsidiaries
employed approximately 16,200 people (including temporary
employees), approximately 9,950 of whom were located in the U.S.


 




Competition


 



We encounter vigorous competition in our businesses from
numerous sources. Our users can find, buy, sell and pay for
similar items through a variety of competing channels. These
include, but are not limited to, online and offline retailers,
distributors, liquidators, import and export companies, online
and offline auctioneers, catalog and mail-order companies,
classifieds, directories, search engines, products of search
engines, virtually all online and offline commerce participants
(consumer-to-consumer, business-to-consumer and
business-to-business), online and offline shopping channels and
networks. As our product offerings continue to broaden into new
categories of items and new commerce formats, we expect to face
additional competition from other online and offline channels
for those new offerings. We compete on the basis of price,
product selection, and services. Our growth rates in our most
mature markets have significantly slowed and we are losing
market share in some segments. For our Payments segment, our
users may choose to pay through a variety of alternative means,
including other online payment services, offline payment methods
such as cash, check or money order, and traditional online or
offline credit card merchant accounts. For our Communications
segment, our users may choose to use their local telephone
companies, cable providers and other VoIP providers. To compete
effectively, we may need to expend significant resources in
technology and marketing. These efforts may be expensive and
could reduce our margins and have a materially adverse effect on
our business, financial position, operating results and cash
flows and reduce the trading price of our stock. We believe that
we will be able to maintain profitability by preserving and
expanding the size and diversity of our users’ online
community and enhancing our user experience, but despite our
efforts, we may not be able to continue to manage our operating
expenses to avoid or reduce a decline in our consolidated net
income. For more information regarding these risks, see the
information in “Item 1A: Risk Factors” under the
caption “Our industry is intensely competitive, and other
companies or governmental agencies may allege that our behavior
is anti-competitive.”


 




Seasonality


 



Our fourth quarter has historically been our strongest quarter
of sequential revenue growth. However, this was not the case in
2008 due primarily to the impact of the global economic
environment and the strengthening U.S. dollar, which
impacted the fourth quarter in particular. We expect transaction
activity patterns on our websites to increasingly mirror general
consumer buying patterns. Please see the information in
“Item 7: Management’s Discussion and Analysis of
Financial Condition and Results of Operations” under the
heading “Seasonality.”


 




Technology


 




Marketplaces
and Payments



 



Our Marketplaces and Payments platforms utilize a combination of
proprietary technologies and services as well as technologies
and services provided by others. We have developed intuitive
user interfaces, customer tools and transaction processing,
database and network applications that help enable our users to
reliably and securely complete transactions on our sites. Our
technology infrastructure simplifies the storage and processing
of large amounts of data, eases the deployment and operation of
large-scale global products and services and automates much of
the administration of large-scale clusters of computers. Our
infrastructure has been designed around industry-standard
architectures to reduce downtime in the event of outages or
catastrophic occurrences. We are continually improving our
technology to enhance the customer experience and to increase
efficiency, scalability and security. For information regarding
technology related risks, see the information in
“Item 1A: Risk Factors” under the captions
“Our failure to cost-effectively manage certain aspects of
our business could harm us,” and “System failures
could harm our business.”





11





Table of Contents







Communications


 



Skype’s VoIP communication and other services are delivered
through a peer-to-peer network architecture, in which users
joining the network provide a significant portion of the
technology resources (for example, computer bandwidth and
hardware) that enable Skype’s products. To access
Skype’s products, users download Skype software over the
Internet. Skype utilizes a combination of proprietary
technologies and products as well as technologies and products
provided by third parties to design, develop and support its
products. For more information regarding Skype’s technology
risks, see the information in “Item 1A: Risk
Factors” under the caption “Skype depends on key
technology that is licensed from third parties.”


 




Intellectual
Property



 



We regard the protection of our intellectual property as
critical to our success. We have entered into confidentiality
and invention assignment agreements with our employees and
contractors, and nondisclosure agreements with parties with whom
we conduct business in order to limit access to and disclosure
of our proprietary information.


 



We aggressively protect our intellectual property rights by
relying on federal, state and common law rights, as well as a
variety of administrative procedures. We actively pursue the
registration of our trademarks, copyrights, patents and domain
names in the U.S. and international jurisdictions. The
expansion of our business has required us to protect our
trademarks, patents and domain names in an increasing number of
jurisdictions, a process that is expensive, may require
litigation, and may not be successful in every location. We have
registered our core brands as trademarks and domain names in the
U.S. and a large number of other jurisdictions and have in
place an active program to continue to secure trademarks and
domain names that correspond to our brands in markets of
interest. If we are unable to secure our trademarks or domain
names, we could be adversely affected in any jurisdiction in
which our trademarks or domain names are not registered.


 



Third parties have from time to time claimed, and others may
claim in the future, that we have infringed their intellectual
property rights. We currently are involved in several such legal
proceedings. Please see the information in “Item 3:
Legal Proceedings” and in “Item 1A: Risk
Factors” under the captions “We are subject to patent
litigation” and “We may be unable to protect or
enforce our own intellectual property rights adequately.”


 




Segments
and Geographic Information



 



For an analysis of financial information about our segments as
well as our geographic areas, see “Note 4 —
Segments” to our consolidated financial statements included
elsewhere in this Annual Report on
Form 10-K.


 




Available
Information



 



Our Internet address is www.ebay.com. Our investor
relations website is located at
http://investor.ebay.com.
We make available free of charge on our investor relations
website under the heading “SEC Filings” our Annual
Reports on
Form 10-K,
Quarterly Reports on
Form 10-Q,
Current Reports on
Form 8-K
and amendments to those reports as soon as reasonably
practicable after such materials are electronically filed with
(or furnished to) the SEC. Information contained on our website
is not incorporated by reference into this Annual Report on
Form 10-K.





12





Table of Contents


















ITEM 1A:  

RISK
FACTORS



 




These excerpts taken from the EBAY 10-K filed Feb 29, 2008.
Other Items
 
Employees
 
As of December 31, 2007, eBay Inc. and its subsidiaries employed approximately 15,500 people (including temporary employees), approximately 9,500 of whom were located in the U.S.
 
Competition
 
We encounter vigorous competition in our businesses from numerous sources. Our users can find, buy, sell and pay for similar items through a variety of competing channels. These include, but are not limited to, online and offline retailers, distributors, liquidators, import and export companies, online and offline auctioneers, catalog and mail-order companies, classifieds, directories, search engines, products of search engines, virtually all online and offline commerce participants (consumer-to-consumer, business-to-consumer and business-to-business), online and offline shopping channels and networks. As our product offerings continue to broaden into new categories of items and new commerce formats, we expect to face additional competition from other online and offline channels for those new offerings. We also compete on the basis of price, product selection, and services. Our growth rates in our most mature markets have significantly slowed and we are losing market share in some segments. For our Payments segment, our users may choose to pay through a variety of alternative means, including other online payment services, offline payment methods such as cash, check or money order, and traditional online or offline credit card merchant accounts. For our Communications segment, our users may choose to use their local telephone companies, cable providers and other VoIP providers. To compete effectively, we may need to expend significant resources in technology and marketing. These efforts may be expensive and could reduce our margins and have a materially adverse effect on our business, financial position, operating results and cash flows and reduce the trading price of our stock. We believe that we will be able to maintain profitability by preserving and expanding the


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Table of Contents

abundance and diversity of our users’ online community and enhancing our user experience, but we may not be able to continue to manage our operating expenses to avoid or reduce a decline in our consolidated net income. For more information regarding these risks, see the information in “Item 1A: Risk Factors” under the caption “Our industry is intensely competitive, and other companies or governmental agencies may allege that our behavior is anti-competitive.”
 
Seasonality
 
Our fourth quarter has historically been our strongest quarter of sequential revenue growth. We expect transaction activity patterns on our websites to increasingly mirror general consumer buying patterns as our businesses continue to mature. Please see the information in “Item 7: Management’s Discussion and Analysis of Financial Condition and Results of Operations” under the heading “Seasonality.”
 
Technology
 
Marketplaces and Payments
 
Our Marketplaces and Payments platforms utilize a combination of proprietary technologies and services as well as technologies and services provided by others. We have developed intuitive user interfaces, customer tools and transaction processing, database and network applications that help enable our users to reliably and securely complete transactions on our sites. Our technology infrastructure simplifies the storage and processing of large amounts of data, eases the deployment and operation of large-scale global products and services and automates much of the administration of large-scale clusters of computers. Our infrastructure has been designed around industry-standard architectures to reduce downtime in the event of outages or catastrophic occurrences. We are continually improving our technology to enhance the customer experience and to increase efficiency, scalability and security. For information regarding technology related risks, see the information in “Item 1A: Risk Factors” under the captions “Our failure to manage growth could harm our business,” and “System failures could harm our business.”
 
Communications
 
Skype’s VoIP communication and other services are delivered through a peer-to-peer network architecture, in which users joining the network provide a significant portion of the technology resources (for example, computer bandwidth and hardware) that enable Skype’s services. To access Skype’s services, users download Skype software over the Internet. Skype utilizes a combination of proprietary technologies and services as well as technologies and services provided by others to design, develop and support its products. For more information regarding Skype’s technology risks, see the information in “Item 1A: Risk Factors” under the caption “Skype depends on key technology that is licensed from third parties.”
 
Intellectual Property
 
We regard the protection of our intellectual property as critical to our success. We have entered into confidentiality and invention assignment agreements with our employees and contractors, and nondisclosure agreements with parties with whom we conduct business in order to limit access to and disclosure of our proprietary information.
 
We aggressively protect our intellectual property rights by relying on federal, state and common law rights, as well as a variety of administrative procedures. We actively pursue the registration of our trademarks, copyrights, patents and domain names in the U.S. and international jurisdictions. The expansion of our business has required us to protect our trademarks, patents and domain names in an increasing number of jurisdictions, a process that is expensive, may require litigation, and may not be successful in every location. We have registered our core brands as trademarks and domain names in the U.S. and a large number of other jurisdictions and have in place an active program to continue to secure trademarks and domain names that correspond to our brands in markets of interest. If we are unable to secure our trademarks or domain names, we could be adversely affected in any jurisdiction in which our trademarks or domain names are not registered.


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Table of Contents

Third parties have from time to time claimed, and others may claim in the future, that we have infringed their intellectual property rights. We currently are involved in several such legal proceedings. Please see the information in “Item 3: Legal Proceedings” and in “Item 1A: Risk Factors” under the captions “We are subject to patent litigation” and “We may be unable to protect or enforce our own intellectual property rights adequately.”
 
Segments and Geographic Information
 
For an analysis of financial information about our segments as well as our geographic areas, see “Note 4 — Segments” to our consolidated financial statements included elsewhere in this Annual Report on Form 10-K.
 
Available Information
 
Our Internet address is www.ebay.com. Our investor relations website is located at http://investor.ebay.com. We make available free of charge on our investor relations website under the heading “SEC Filings” our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and amendments to those reports as soon as reasonably practicable after we electronically file or furnish such materials to the SEC.
 
ITEM 1A:   RISK FACTORS
 
Other
Items



 




Employees


 



As of December 31, 2007, eBay Inc. and its subsidiaries
employed approximately 15,500 people (including temporary
employees), approximately 9,500 of whom were located in the U.S.


 




Competition


 



We encounter vigorous competition in our businesses from
numerous sources. Our users can find, buy, sell and pay for
similar items through a variety of competing channels. These
include, but are not limited to, online and offline retailers,
distributors, liquidators, import and export companies, online
and offline auctioneers, catalog and mail-order companies,
classifieds, directories, search engines, products of search
engines, virtually all online and offline commerce participants
(consumer-to-consumer, business-to-consumer and
business-to-business), online and offline shopping channels and
networks. As our product offerings continue to broaden into new
categories of items and new commerce formats, we expect to face
additional competition from other online and offline channels
for those new offerings. We also compete on the basis of price,
product selection, and services. Our growth rates in our most
mature markets have significantly slowed and we are losing
market share in some segments. For our Payments segment, our
users may choose to pay through a variety of alternative means,
including other online payment services, offline payment methods
such as cash, check or money order, and traditional online or
offline credit card merchant accounts. For our Communications
segment, our users may choose to use their local telephone
companies, cable providers and other VoIP providers. To compete
effectively, we may need to expend significant resources in
technology and marketing. These efforts may be expensive and
could reduce our margins and have a materially adverse effect on
our business, financial position, operating results and cash
flows and reduce the trading price of our stock. We believe that
we will be able to maintain profitability by preserving and
expanding the





12





Table of Contents






abundance and diversity of our users’ online community and
enhancing our user experience, but we may not be able to
continue to manage our operating expenses to avoid or reduce a
decline in our consolidated net income. For more information
regarding these risks, see the information in
“Item 1A: Risk Factors” under the caption
“Our industry is intensely competitive, and other companies
or governmental agencies may allege that our behavior is
anti-competitive.”


 




Seasonality


 



Our fourth quarter has historically been our strongest quarter
of sequential revenue growth. We expect transaction activity
patterns on our websites to increasingly mirror general consumer
buying patterns as our businesses continue to mature. Please see
the information in “Item 7: Management’s
Discussion and Analysis of Financial Condition and Results of
Operations” under the heading “Seasonality.”


 




Technology


 




Marketplaces
and Payments



 



Our Marketplaces and Payments platforms utilize a combination of
proprietary technologies and services as well as technologies
and services provided by others. We have developed intuitive
user interfaces, customer tools and transaction processing,
database and network applications that help enable our users to
reliably and securely complete transactions on our sites. Our
technology infrastructure simplifies the storage and processing
of large amounts of data, eases the deployment and operation of
large-scale global products and services and automates much of
the administration of large-scale clusters of computers. Our
infrastructure has been designed around industry-standard
architectures to reduce downtime in the event of outages or
catastrophic occurrences. We are continually improving our
technology to enhance the customer experience and to increase
efficiency, scalability and security. For information regarding
technology related risks, see the information in
“Item 1A: Risk Factors” under the captions
“Our failure to manage growth could harm our
business,” and “System failures could harm our
business.”


 




Communications


 



Skype’s VoIP communication and other services are delivered
through a peer-to-peer network architecture, in which users
joining the network provide a significant portion of the
technology resources (for example, computer bandwidth and
hardware) that enable Skype’s services. To access
Skype’s services, users download Skype software over the
Internet. Skype utilizes a combination of proprietary
technologies and services as well as technologies and services
provided by others to design, develop and support its products.
For more information regarding Skype’s technology risks,
see the information in “Item 1A: Risk Factors”
under the caption “Skype depends on key technology that is
licensed from third parties.”


 




Intellectual
Property



 



We regard the protection of our intellectual property as
critical to our success. We have entered into confidentiality
and invention assignment agreements with our employees and
contractors, and nondisclosure agreements with parties with whom
we conduct business in order to limit access to and disclosure
of our proprietary information.


 



We aggressively protect our intellectual property rights by
relying on federal, state and common law rights, as well as a
variety of administrative procedures. We actively pursue the
registration of our trademarks, copyrights, patents and domain
names in the U.S. and international jurisdictions. The
expansion of our business has required us to protect our
trademarks, patents and domain names in an increasing number of
jurisdictions, a process that is expensive, may require
litigation, and may not be successful in every location. We have
registered our core brands as trademarks and domain names in the
U.S. and a large number of other jurisdictions and have in
place an active program to continue to secure trademarks and
domain names that correspond to our brands in markets of
interest. If we are unable to secure our trademarks or domain
names, we could be adversely affected in any jurisdiction in
which our trademarks or domain names are not registered.





13





Table of Contents






Third parties have from time to time claimed, and others may
claim in the future, that we have infringed their intellectual
property rights. We currently are involved in several such legal
proceedings. Please see the information in “Item 3:
Legal Proceedings” and in “Item 1A: Risk
Factors” under the captions “We are subject to patent
litigation” and “We may be unable to protect or
enforce our own intellectual property rights adequately.”


 




Segments
and Geographic Information



 



For an analysis of financial information about our segments as
well as our geographic areas, see “Note 4 —
Segments” to our consolidated financial statements included
elsewhere in this Annual Report on
Form 10-K.


 




Available
Information



 



Our Internet address is www.ebay.com. Our investor
relations website is located at http://investor.ebay.com.
We make available free of charge on our investor relations
website under the heading “SEC Filings” our Annual
Reports on
Form 10-K,
Quarterly Reports on
Form 10-Q,
Current Reports on
Form 8-K
and amendments to those reports as soon as reasonably
practicable after we electronically file or furnish such
materials to the SEC.


 















ITEM 1A:  

RISK
FACTORS



 




This excerpt taken from the EBAY 10-K filed Feb 28, 2007.
Other Items
 
Employees
 
As of December 31, 2006, eBay Inc. and its subsidiaries employed approximately 13,200 people (including approximately 600 temporary employees), approximately 7,900 of whom were located in the U.S. (including approximately 300 temporary employees).
 
Competition
 
We encounter vigorous competition in our businesses from numerous sources. Our users can find, buy, sell, and pay for similar items through a variety of competing channels. These include, but are not limited to, online and offline retailers, distributors, liquidators, import and export companies, auctioneers, catalog and mail-order companies, classifieds, directories, search engines, products of search engines, virtually all online and offline commerce participants (consumer-to-consumer, business-to-consumer and business-to-business), online and offline shopping channels and networks. As our product offerings continue to broaden into new categories of items and new commerce formats, we expect to face additional competition from other online and offline channels for those new offerings. We also compete on the basis of price, product selection, and services. For our PayPal service, our users may choose to pay through a variety of alternative means, including other online payment services, offline payment methods such as cash, check or money order, and traditional online or offline credit card merchant accounts. For our Communications segment, our users may choose to use their local telephone companies, cable providers, and other VoIP providers. To compete effectively, we may need to expend significant resources in technology and marketing. These efforts may be expensive and could reduce our margins and have a material adverse effect on our business, financial position, operating results, and cash flows and reduce the trading price of our stock. We believe that we will be able to maintain profitability by preserving and expanding the abundance and diversity of our users’ online community and enhancing our user experience, but we may not be able to continue to manage our operating expenses to mitigate a decline in consolidated net income. For more information regarding these risks, see the information in “Item 1A: Risk Factors” under the caption “Our industry is intensely competitive.”
 
Seasonality
 
We have historically experienced our strongest quarter of sequential growth in our fourth quarter. We expect transaction activity patterns on our websites to increasingly mirror general consumer buying patterns as our business continues to mature. Our expectation is that Skype’s business will experience seasonally slower growth during holiday and vacation periods.
 
Technology
 
Marketplaces and Payments
 
Our Marketplaces and Payments platforms utilize a combination of proprietary technologies and services as well as technologies and services provided by others, We have developed intuitive user interfaces, customer tools and transaction processing, database and network applications that enable our users to reliably and securely complete transactions on our sites. Our technology infrastructure simplifies the storage and processing of large


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amounts of data, eases the deployment and operation of large-scale global products and services and automates much of the administration of large-scale clusters of computers. Our infrastructure has been designed around industry-standard architectures to reduce downtime in the event of outages or catastrophic occurrences. We are continually improving our technology to enhance the customer experience and to increase efficiency, scalability and security. For information regarding technology related risks, see the information in “Item 1A: Risk Factors” under the caption “Our failure to manage growth could harm our business.”
 
Communications
 
Skype’s VoIP communications and other services are delivered through a peer-to-peer network architecture whereby users joining the network provide much of the technology resources that enable the Skype services. To access Skype’s services, users download Skype software over the Internet. Skype utilizes a combination of proprietary technologies and services as well as technologies and services provided by others to design, develop and support its software products. For more information regarding Skype’s technology risks, see the information in “Item 1A: Risk Factors” under the caption “Skype depends on key technology that is licensed from third parties.”
 
Intellectual Property
 
We regard the protection of our trademarks, copyrights, patents, domain names, trade dress and trade secrets as critical to our success. We have entered into confidentiality and invention assignment agreements with our employees and contractors, and nondisclosure agreements with parties with whom we conduct business in order to limit access to and disclosure of our proprietary information.
 
We aggressively protect our intellectual property rights by relying on a combination of trademark, copyright, patent, trade dress and trade secret laws and by using the domain name dispute resolution system. As a result, we actively pursue the registration of our trademarks, copyrights, patents and domain names in the U.S. and other major countries. The expansion of our business has required us to protect our trademarks, patents and domain names in an increasing number of jurisdictions, a process that is expensive, may require litigation, and may not be successful in every location. We have registered or applied to register for our “eBay” trademark in the U.S. and over 50 non-U.S. jurisdictions and have in place an active program to continue securing the “eBay,” “PayPal,” and “Skype” domain names in major non-U.S. jurisdictions. If we are unable to secure our trademarks or domain names, we could be adversely affected in any jurisdiction in which our trademarks or domain names we are not registered.
 
Third parties have from time to time claimed, and others may claim in the future, that we have infringed their intellectual property rights. We currently are involved in several such legal proceedings. Please see the information in “Item 3: Legal Proceedings” and in “Item 1A: Risk Factors” under the captions “We are subject to patent litigation” and “We may be unable to protect or enforce our own intellectual property rights adequately.”
 
Segments and Geographic Information
 
For an analysis of financial information about our segments as well as our geographic areas, see “Note 4 — Segments” to our consolidated financial statements included elsewhere in this Annual Report on Form 10-K.
 
Available Information
 
Our Internet address is www.ebay.com. Our investor relations website is located at http://investor.ebay.com.  We make available free of charge on our investor relations website under “SEC Filings” our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and amendments to those reports as soon as reasonably practicable after we electronically file or furnish such materials to the SEC.
 
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