Here's another eBay fraud proposal
newsman
Posts: 2,658 ✭✭✭
I'd be interested in seeing what the forum lawyers have to say about this:
US federal courts basically drove Napster out of business by holding the company responsible for illegal copyright violations by its users. The courts rejected Napster's claim that it should not be responsible for illegal use of its file-sharing service, and those decisions were enshrined in the Digital Millennium Copyright Act.
EBay makes the same claim -- that it should not be held responsible for people who use its auction system to commit fraud. But why wouldn't the same principle apply as in the case of Napster? Why can't eBay be held responsible if it fails to act against a fraudulent seller?
Here's another analogy: Napster got screwed because record companies successfully sued Napster for the copyright violations of Napster users when judges decided Napster had been negligent. Does that mean then that if some fraudulent eBay seller steals someone else's photograph -- which is also a copyrighted item -- that the owner of the photograph can sue eBay for not ensuring his rights are protected? Wouldn't the same principle apply?
US federal courts basically drove Napster out of business by holding the company responsible for illegal copyright violations by its users. The courts rejected Napster's claim that it should not be responsible for illegal use of its file-sharing service, and those decisions were enshrined in the Digital Millennium Copyright Act.
EBay makes the same claim -- that it should not be held responsible for people who use its auction system to commit fraud. But why wouldn't the same principle apply as in the case of Napster? Why can't eBay be held responsible if it fails to act against a fraudulent seller?
Here's another analogy: Napster got screwed because record companies successfully sued Napster for the copyright violations of Napster users when judges decided Napster had been negligent. Does that mean then that if some fraudulent eBay seller steals someone else's photograph -- which is also a copyrighted item -- that the owner of the photograph can sue eBay for not ensuring his rights are protected? Wouldn't the same principle apply?
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