French Courts Still Very Confused About The Difference Between A Platform And A User
from the blaming-the-wrong-party dept
The latest isn't quite as extreme, but is no less ridiculous. A French court has declared that eBay is a counterfeiter because counterfeit goods were sold on eBay. Note that the court didn't blame the actual seller, but the platform provider eBay. The lawyer for the company suing claims that eBay is much more than a platform because it has tools that help sellers sell better. That seems like a huge stretch, but apparently the court bought it. Making eBay liable for any auction held on the site in France is likely to seriously stifle the use of eBay in the country. It now not only will need to review auctions, but somehow do so without any way of actually knowing if a product is legit or counterfeit. How could eBay possibly know this? It can't -- which means it will probably have to do something like ban a tremendous number of auctions. How that can possibly be a good thing for anyone in France is beyond me.