« Reading Between The Lines |
Main
| Audible Magic Only ...an Illusion of Security? »
July 16, 2004
eBay Quietly Tests Facilitating Sales of Digital Downloads
Posted by Elizabeth Rader
Look who's auctioning: My eyes popped this morning when I saw that eBay has announced that for 180 days it will allow sellers to offer digital downloads, through a new subcategory of its music section. This is one of these ideas that, once you hear it, you wonder why it wasn't done a long time ago. You can find nearly everything else on eBay, so why not? Seems that eBay has only considered digital music verboten for fear of being stuck in the middle of an infringement suit (like that recently filed by Tiffany's). The plan now is that sellers have to warrant that they own the copyright to the recordings being offered. This is in marked contrast to the policy with respect to cds, which are clearly covered by the first sale doctrine. I wonder if this is enough. My suspicion (though I have had many,many great experiences with eBay) is that some sellers will glibly drop in the required language without much concern about whether or not they own copyright. If that happens, I'd expect eBay to pull the plug faster than you can say "Buy it now."
Comments (4)
+ TrackBacks (0) | Category: IP Markets and Monopolies
- RELATED ENTRIES
- › Apple Jumps Into iBooks - With Hobnailed Boots
- › On the Dissent in Golan v Holder
- › Jonathan Coulton on Megaupload/Piracy
- › Stallman on E-Book Evils & Privacy
- › Admin Update
- › Joe Konrath Claims USD 100,000 E-book Profits in Jan
- › Nate Anderson vs the MPAA
- › SF vs SF Ideas
1. caseymcg on July 16, 2004 6:07 PM writes...
Whence did you learn that all that might be required is dropping in the "required language?" I did not gather that from the announcement alone.
Permalink to CommentThanks
2. ITIL Consultant on July 19, 2004 10:57 AM writes...
Pretty good idea, mind you if you think about it, with everyone using kazaa and all the other file sharing progies out there, why would anyone bother...Not that i am for those programs, always riddled with spyware and just another way for people to distribute virus's
Permalink to Comment3. ITIL Consultant on July 19, 2004 10:57 AM writes...
Pretty good idea, mind you if you think about it, with everyone using kazaa and all the other file sharing progies out there, why would anyone bother...Not that i am for those programs, always riddled with spyware and just another way for people to distribute virus's
_______________
Permalink to CommentITIL Consultant
4. Elizabeth on July 19, 2004 5:05 PM writes...
To answer the first question: eBay says 1) you have to represent to eBay that you are the copyright owner or licensed by the copyright owner and 2) if you are the owner you are to so state in the listing itself. It's ambiguous whether a statement in the listing counts as the representation to eBay. But either way, from what I can tell, eBay does not undertake any investigation of whether what you represent (or as I put it "drop in the required language")is true or not, unless and until someone complains.
Permalink to Comment