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. identicon
    evgen, 25 Jul 2008 @ 9:46pm

    Fonovisa v. Cherry Auction will be important in this one...

    If you are wondering how the SIIA is going to approach this case, do a bit of research on the Fonovisa v. Cherry Auction case. There are limits to the DMCA safe harbor provisions, and given the role eBay plays in policing its market it is going to find itself facing a higher standard than some random ISP that makes no effort to examine or regulate its users.

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