DMCA and ISP liability

There is an interesting discussion on Slashdot: http://slashdot.org/article.pl?sid=00/04/27/1712248&mode=nested concerning e-Bay's withdrawal of sale items covered under patent and alleged DMCA copyright: http://www.patents.ibm.com/details?&pn=US04300574__ (evidently the patent has expired; I can find no evidence that the item is copyrighted, but e-Bay apparently has some documentation to that effect.)

Here is a link to one such item available today on e-Bay: http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=317989531 but another has been withdrawn.

Apparently e-Bay understands the DMCA to require them to withdraw permission for auction for any copyrighted items that a copyright owner feels should not be sold. This, many feel, is in violation of the first sale doctrine. Whether those who submit the items for auction will file a timely response with e-Bay remains to be determined. We don't know how courts will interpret Section 202(c) of the DMCA Title II, but we do know that similar law suits involving this organization have been very expensive to conduct.

But until that time we have to suspect that the DMCA is being used to suppress criticism instead of to
"promote the progress of science and the useful
arts."  

-- 


"Eric"  Eric Eldred  Eldritch Press

mailto:Eldred[_at_]EldritchPress.org
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