French Courts Still Very Confused About The Difference Between A Platform And A User

from the blaming-the-wrong-party dept

For all the complaints that some have about the various safe harbors found in US law to protect service providers from the actions of their users, it's important to note the sort of ridiculous results that occur without such safe harbors. And, for that, you have to look no further than France, which not only doesn't appear to have similar safe harbor laws in place, but whose courts seem to consistently take the position that service providers absolutely are responsible for the actions of their users. We've seen this in the ongoing rulings against Google, which has finally been appealed out of France to the wider European courts. And, then there are the absolutely ridiculous results, such as that time when a French court declared Yahoo and its CEO at the time war criminals, because a user sold some Nazi memorabilia on Yahoo's auction site.

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.

Filed Under: counterfeiting, france, liability. platform, safe harbors, user
Companies: ebay


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  1. identicon
    IronChef, 10 Jun 2008 @ 5:04pm

    Rambling, Mein Freundin

    Is Yahoo Auctions still running? I thought they shut down a long time ago. Can I sell my Datsun on Y!Auctions?

    Well, all I know is that you need to treat French like you would a beautiful woman. Revision: a very emotional woman. I'm sure French Dignitaries love those who take a trip to Napa Valley while on a business trip. To those seeking presidental nomindation, I highly reccomend this page: http://www.wine-il.com/

    Unfortunately, Washington DC isn't near any vineyards so that may be why we've never worked so well with them in the past.

    White wines such as Pinot Noir and Riesling, are plentiful in the Southwestern Deutschland. Specifically, Länder der Bundesrepublik Deutschland: Baden-Württemberg, and (und fur mein Deutchlanders:) Bavaria are known for their fantasic wines. (The former Bundescapital being Stuttgart. Maybe you've heard of it.)

    So what does this have to do with France, you may ask.

    Think about it.
    Bundesrepublik.

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