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


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  1. icon
    John (profile), 29 Jul 2008 @ 1:25pm

    A waste of more than money

    from the if-you-want-to-waste-your-money,-go-right-ahead... dept
    I think this subtitle is a little misleading. Not only will the SIIA be wasting its own money, but it'll be wasting eBay's money and time and it'll be wasting the court's time.
    Maybe this case is different than all the other cases of Company X vs. eBay, but like Mike says, shouldn't the company go after the individuals? That's just silly- why sue individuals when they don't have deep pockets like eBay.

    Plus, I wonder if the SIIA is truly in this case to win, or if they'll be happy with an out-of-court settlement, which of course, they'll get millions of dollars and announce the fact that they "won".

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