Why wasn’t eBay held liable for the infringing sales made by users, law homework help
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minimum of 250-300 words.
Read the case study on pp. 118-120 of the textbook and answer the following questions:
1.
Why wasn’t eBay held liable for the infringing sales made by users?
(HINT: Describe how the elements of the Inwood test apply to eBay’s
actions).
2.
As an online service provider, to whom to do you owe the greater duty?
To your customer who wish to knowingly (i.e. without confusion) buy
cheaper, imitation products? Or to unrelated businesses whose valuable
intellectual property is being flagrantly violated on your site? Would
you take precautions beyond what the law requires to reduce infringing
sales?
Read the case study on pp. 164-166 of the textbook and answer the following questions:
3.
What duty should OSPs such as Amazon that host content uploaded by
others owe to copyright holders? Should such OSPs be required to
“police” their websites to detect and prevent copyright infringement?
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