Current Insight Community Cases

Essential Datacenter Tips On Application Performance Monitoring

The Importance Of Skilled Immigrants To The American Economy

Help A New Kind of Music Label Revolutionize The Industry

Mandates To Buy American Should Be More Carefully Considered

Navigating The New Business World After This Recession

Check out our CwF + RtB experiment.
Brought to you by Floor64 and the Techdirt crew.

stories filed under: "counterfeits"
Legal Issues

Legal Issues

by Mike Masnick

Wed, May 13th 2009 11:13pm


Filed Under:
counterfeits, france, liability, trademark

Companies:
ebay, l'oreal



Good Surprise: French Court Actually Sides With eBay On Counterfeiting Liability

from the getting-it-right dept

While US courts have generally been good about recognizing that eBay is not liable for eBay users selling counterfeit goods on the site, France in the past had gotten the story backwards, saying that eBay was liable, even though the actions were by its users, not by eBay itself. However, in a rather surprising move, a French court has actually sided with eBay against L'Oreal in a similar case. This is a surprise -- but a good one. This is L'Oreal's second loss in such cases against eBay. It lost another such case in nearby Belgium -- but (of course) has also filed similar lawsuits around the globe, hoping that at least one of those courts will side with it over eBay. Hopefully, all of them take notice of how both Belgium and France have ruled, and recognize that this is not eBay's liability.

1 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick

Fri, Jul 25th 2008 4:18pm


Filed Under:
auctions, copyright, counterfeits, dmca, liability, safe harbors, siia

Companies:
ebay, siia



Software Industry Assocation About To Learn What Safe Harbors Mean

from the if-you-want-to-waste-your-money,-go-right-ahead... dept

It appears that the Software and Information Industry Association (SIIA) is about to learn what DMCA safe harbors mean. The group is apparently upset about the fact that some people sell counterfeit software on eBay. That's not surprising. But, the SIIA is planning to sue eBay for this activity, rather than going after the counterfeiters themselves. Of course, if anyone from the SIIA had been paying attention, they would know that courts in the US have repeatedly found that eBay and sites like it are protected by various safe harbor provisions. This is for a very good reason: it's not eBay counterfeiting anything. eBay is merely the platform. If the SIIA wants to go after the actual counterfeiters, that's their issue. But going after eBay for providing the platform is going to fail miserably. You would think that a trade group that claims they cover the "Information Industry" would know that already.

13 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick

Fri, Mar 28th 2008 4:32pm


Filed Under:
counterfeits, michael mukasey, piracy, terrorism



Attorney General Mukasy Claims Piracy Funds Terrorism

from the oh-please dept

We had assumed that former Attorney General Alberto Gonzales' sudden facsination with "piracy" was as a way to avoid dealing with the controversy surrounding his office -- but it appears his successor is heading down that path as well. In a speech given today in Silicon Valley, Attorney General Michael Mukasey gave a fear mongering speech about how piracy and counterfeiting fosters terrorism. This is a line (literally) straight from the RIAA training manual, which it appears Mukasey has bought into. It should come as no surprise to hear that Mukasey flew up to Silicon Valley after spending a day in Hollywood at Warner Brothers.

Still, what's most interesting is that he doesn't seem to indicate much of a difference between merely copying content and "counterfeiting," which would be passing off a fake good as a legitimate one. Counterfeiting is more akin to "trademark" in that it's really about customer protection (making sure you're not buying Bob's Cola thinking that it's Coca Cola). It's understandable to be upset about counterfeiting -- but the problem is that two separate impartial government agencies have both found that counterfeiting isn't that big a problem, and it's regularly exaggerated by lobbyists.

Unfortunately, it doesn't appear that any of these nuances have made it to the AG's office. Instead, he's just lumped all piracy and counterfeiting issues into one single category and labeled it all a big problem and linked it to "terrorism" so that no one questions it. And rather than assigning more Justice Department officials to work on real problems and real crimes, he's been beefing up the "IP" group, increasing prosecutions 33% in the last couple of years. Is this really the best use of our taxpayer money?

24 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Dennis Yang

Tue, Aug 28th 2007 3:39pm


Filed Under:
china, counterfeits



China's Counterfeit Behavior Is Actually A Copy... Of 19th Century America

from the imitation-is-the-sincerest-form-of-flattery dept

China's capitalistic missteps are ablaze in the headlines lately. Tales such as those about poisonous toothpaste and counterfeit Harry Potter books strike fear into our hearts that our most favored nation may be going too far when embracing the very capitalist ideals that we have been trying to instill in them since the cold war. China has been painted as a nation of unscrupulous money grabbers, eager to make a quick buck without concern for any consequences. However, let's not be too quick to judge, lest we forget our own past. China's brash brand of capitalism is merely a normal step along the way of a developing capitalist economy -- a step that the US also went through in the 19th century. It wasn't long ago that American businesses ran amuck without regulation. Candy was found to contain arsenic, custard laced with lead, and as made famous by Upton Sinclair, lard contained traces of the occasional human. Back then, counterfeiters were notorious, giving rise to the term "snake-oil salesmen." There is a silver lining to this story, of course. Just as the US was able to grow out of this adolescent stage of capitalism, so will China, but, kids will be kids, and they need to get a few bumps and bruises along the way before they learn their lesson and change.

30 Comments | Leave a Comment..

 
Search Techdirt
And now, a word from our Sponsors..
San Francisco Music Tech 2009
15% off discount for Techdirt Readers



Popular Posts
Poll

Which Internet Concern Worries You The Most?

 

 

 

 

 

 


Add Techdirt RSS To Your Reader
rss Add Techdirt to your Bloglines
Add Techdirt to your Google Add Techdirt to your My Yahoo
Add Techdirt to your Netvibes Add Techdirt to your Newsgator
Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Older Stuff

Monday

10:26pm: Filmmaker Allowed To Use The Name Rin Tin Tin To Describe Rin Tin Tin (6)
8:25pm: Senators Begin Questioning ACTA Secrecy (32)
6:34pm: Brazil E-Voting Machines Not Hacked... But Van Eck Phreaking Allowed Hacker To Record Votes (15)
5:08pm: FCC Doesn't Think The Lack Of Competition Is A Major Barrier To Broadband? (35)
3:49pm: Heads Of Major Movies Studios Claiming They Just Want To Help Poor Indie Films Harmed By Piracy (47)
2:38pm: USPTO Convinced By Amazon That Online Gift Giving Patent Is Legit (19)
1:31pm: Tiburon Approves Recording Every Car That Enters/Leaves... Despite More Evidence Of Traffic Camera Abuse In UK (86)
12:18pm: Label Exec Arrested For Not Using Twitter To Disperse Crowd At Mall To See Singer (53)
11:01am: Spanish Court Dismisses Complaint From Nintendo Against Counterfiet DS Cartridges, Since They Add Functionality (12)
9:55am: Dear PR People: If Your Exec Has A Comment, Our Comments Are Open (25)
8:44am: What Kind Of Mickey Mouse (And Donald Duck) Lawsuits Are These? (23)
7:30am: Prosecutors Ending Lawsuit Against Lori Drew (13)
6:06am: Dear Rupert: You Don't Succeed By Making Life More Difficult For Users (70)
4:20am: ESPN Writer Suspended From Twitter (59)
2:10am: School Can't Handle Critical Community Message Board; Sends Legal Nastygram (21)

Friday

7:39pm: Liberian Laws Are A Secret Due To Copyright; Even The Gov't Doesn't Have Them (43)
6:56pm: Lily Allen: It's Ok To Sell My Counterfeit CDs, Just Don't Give My Music For Free (97)
6:10pm: EFF Looks To Bust Bogus Podcasting Patent; Needs Prior Art (34)
5:28pm: Google Blocking Set Top Boxes From Showing YouTube Unless They Pay Up? (64)
4:44pm: Entertainment Industry: Yes, Please Keep Negotiating Secret Copyright Treaty To Save Our Asses (43)
4:02pm: If Google's Book Scanning Violates Copyright Law, What About The AP's Book Scanning? (21)
3:05pm: iPhone App Developer Backlash Growing (49)
2:14pm: Norwegian Band Told It Can't Post Its Own Music To The Pirate Bay, Even Though It Wants To (24)
1:08pm: If You Only Share A Tiny Bit Of A File Via BitTorrent, Is It Still Copyright Infringement? (79)
12:00pm: UK Digital Economy Bill As Bad As Expected; Digital Britain Minister Flat Out Lies About ISP Support (25)
10:57am: NPR's Daniel Schorr Blames The Internet For Ft. Hood Shootings (37)
9:49am: No, ACTA Secrecy Is Not 'Normal' -- Nor Is It A 'Distraction' (29)
8:33am: Murdoch's The Times Accused Of Blatant Copying, Just As It Tells The World You Should Pay For News (28)
7:15am: Copyright Extension Moves To Japan (24)
5:46am: Canadian Ebook Store Offers 'Free' Public Domain Ebooks -- Claims Copyright Says You Can Only Make 1 Copy (27)
More arrow
Quick Links
Close
E-mail It