W3: Intellectual Property & Copyrights

 

Read this article and answer the questions below: https://jolt.law.harvard.edu/digest/tiffany-v-ebay

1. Why wasn't eBay held liable for 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?
   

Discussion Guidelines

See rubric for grading criteria. Initial post late after Wed 2355 ET. No posts accepted after the week has ended?