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?

Assignment Question

Read the case study on pp. 118-120 of the textbook and answer the following questions: Why wasn’t eBay held liable for the infringing sales made by users? (HINT: Describe how the elements of the Inwood test apply to eBay’s actions).

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?

Read the case study on pp. 164-166 of the textbook and answer the following questions: What duty should OSPs such as Amazon that host content uploaded by others owe to copyright holders? Should such OSPs be required to “police” their websites to detect and prevent copyright infringement? Books used: Book Title CyberLaw: Text and Cases, Author / Editor Gerald R. Ferrera