eBay appeal: The gang’$ all here
Eric Krangel reports that Amazon and Google join in on the Tiffany v. eBay appeal:
It’s not hard to see where the interest is coming from: A ruling against eBay could have ramifications for Amazon Marketplace or Google Checkout as well.
Yes, ramifications indeed. We contentiously reported earlier developments here. Thinking this morning about the issues discussed at that first post, as well as subsequent discussion in the comments, we formulated the following possible way of stating our problem with the “what do you want eBay to do, anyway?” argument:
If you have a small business such as a flea market or are the landlord of a retail establishment, and are “willfully blind” to infringement taking place on your premises, and you profit from that activity, you may be held liable for indirect infringement.
But if you build a large enough business, in whole or part, on infringement — no problem! What do you want us to do, anyway?