Ebay being fined for the second time. How might this effect Etsy?
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Original Post
First up, please don't treat this as an Etsy bashing thread as that's not how it's intended.
I just want to discuss the new (and the second) court ruling today that now makes Ebay liable legally if anything counterfeit or sold by unlicensed agents is sold on its site.
news.bbc.co.uk/2/hi/business/7481241.stm
I think this could have all sort of effects on Etsy. Does it mean Etsy will now need an army of people keeping an eye on copyright and trademark violations? If so, would that necessarily be a good thing? I imagine it might be great in some ways, but perhaps it would cost a fortune and force Etsy to refuse many shops just to be on the safe side.
As I say, this is not about attacking or defending Etsy. I just really want to know if you think that this could significantly change this site - certainly they say that it will have a huge impact on Ebay.
Discuss! - please, please without any anger or accusations or calling out.
Posted at 11:39am Jun 30, 2008 EDT
Responses
The decision is still up for appeal, so it would be difficult to determine any effect, especially in other countries. I guess the Etsy legal department will be going over everything in detail to try to interpret any rulings that might affect us.
Posted at 12:21pm Jun 30, 2008 EDT
andymathis says:
I think it's great that sites are held accountable when they are profiting from the sale of counterfeit goods.
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But you could argue that it's almost impossible for a large venue to check everything.
I just think that now that these cases have been won, we are going to see big changes in the way all online venues operate. Mostly for the better, but maybe some for the worse too.
Posted at 12:21pm Jun 30, 2008 EDT
just think that now that these cases have been won, we are going to see big changes in the way all online venues operate. Mostly for the better, but maybe some for the worse too.
Like I said, personal responsibility is needed!
Posted at 12:26pm Jun 30, 2008 EDT
Personal responsibility is certainly important but when you start a website you are responsible for the content you allow on that site.
You can't just be like I told them not to do it but they did it anyway.
Websites should be monitoring what is on their site and taking action on at least obvious copyright infringement.
Responsibility is a good thing but the person selling such items AND the venue profiting should be taking responsibility.
Posted at 12:29pm Jun 30, 2008 EDT
Exactly what are the legalities and responsibilities of a site that calls themselves a venue? Like etsy says they are a venue?
Posted at 12:31pm Jun 30, 2008 EDT
It's like becoming an accessory to murder. You may have told them not to kill someone but after they did you helped them move the body.
Posted at 12:31pm Jun 30, 2008 EDT
MidwestieLady says:
Exactly what are the legalities and responsibilities of a site that calls themselves a venue? Like etsy says they are a venue?
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That's exactly what these legal cases have called into question. Up until now, it's always been argued (by Ebay, Etsy and others) that a venue is only a venue and can't be held responsible. These court actions have challenged that - seemingly successfully.
Posted at 12:32pm Jun 30, 2008 EDT
Websites should be monitoring what is on their site and taking action on at least obvious copyright infringement.
i still think you should go after the individual lister and not just the web site
Posted at 12:36pm Jun 30, 2008 EDT
I would think that the owner of a site would be held responsible for any and all content placed on that site. Sort of like a shop owner being liable for what happens in their store, even if other people sell their goods inside.
Posted at 12:36pm Jun 30, 2008 EDT
I think BOTH the site owner and the person in question should be held responsible. They're both at fault.
Posted at 12:37pm Jun 30, 2008 EDT