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
    ehrichweiss, 27 Jul 2008 @ 12:41pm

    Re: EBAY is flipping out over legit software

    ...and hence the quicker the evil Empire will fall without support from the little guys.

    I've started buying from Amazon since I can get pretty much anything I want without dealing with scammy listings by sellers, and usually at FAR better prices. Ebay's time is up.

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