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Except the analogy is faulty[ Parent ] (none / 0) (#11)
by Anonymous User on Tue Sep 12, 2006 at 12:00:22 PM PDT

Unlike the example, Ebay didn't deliver the goods, Ebay didn't ever have possession of the goods and never even saw them. The seller, by placing the auction ad, agreed to terms that stated that what they were selling belonged to them. Ebay has millions of items on the board at any given time, they can't police everything and have the VERO program so that legitimate copyright holders can ask them to halt an auction when it's found that the seller lied to Ebay and its members. The situation is more like a newspaper accepting a an advertisement for a car that turns out to be stolen. The newspaper isn't held liable for the criminal act because they accepted payment for the ad. The only difference between Ebay and a newspaper is that Ebay has records on the buyer and the seller. As such, they're required to cough up everything they have on both sides of the deal when legally obligated to do so, just as a newspaper would have to do if they had information on the buyer.

[ Parent ]


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