Excite News is one place with The Story on EBay\’s victory in court this week.
This case tested just one provision of the Digital Millennium Copyright Act, and the DMCA failed.
Judge Robert J. Kelleher dismissed Hendrickson\’s request for damages from eBay, saying among other things that the copyright infringement actually occurred offline. Although it may facilitate the sale of pirated material, \”eBay does not have the right and ability to control such activity,\” a standard required by the Digital Millennium Copyright Act, the judge wrote.
Hopefully this will be the first in a long line of DMCA releated defeats.
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