BA345 Patents, Copyrights, Trademrks
posted by Kevin .
The day after the internet went on strike, the Justice Department indicted 7 individuals and two companies who were a part of Megaupload.c--.
Research MegaUpload.c-- and the copyright infringement charges. Do you think MegaUpload is guilty of copyright infringement? Why or Why not? Do you think MegaUpload should be shut down? Why or Why not? How is this different from the case of Tiffany v. ebay?
TIFFANY v. EBAY
The Court’s decision was that Ebay had no liability for counterfeit Tiffany products listed on their website. I believe that the Court made the right decision because Ebay is simply a marketplace for buyers and sellers. It would not be profitable for Ebay to study in painstaking detail every one of the millions of products on its website to see if all of them were authentic or not. Ebay also has a sufficient number of safeguards to stop the sellers of lower-quality goods, such as the feedback system. Another concept to consider is the analogous institution to Ebay in the real world: the marketplace. If there is a counterfeit good sold in an open-air marketplace, for instance, the buyer and seller settle the issue, occasionally with the assistance of law enforcement and the court system. The marketplace is not held responsible.