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December 29, 2005
A Study in Contrasts: eBaying pacemakers or pillows
The Washington Post studies Used Medical Devices Being Sold on EBay:
Consumers can buy and sell almost anything on eBay, the giant online auctioneer -- including a used tube designed to be inserted into a patient's jugular. ...
EBay Inc. says it is not its role to oversee the buying and selling of such devices on its service. "We don't take responsibility for items sold on the site," said company spokesman Hani Durzy. "We're a marketplace."
That means buyers and sellers of reprocessed single-use medical devices on eBay operate largely under the radar. In many cases, there is no certain way of knowing where sellers obtained such used medical devices and no sure way of knowing who bought them, interviews and records show.
Those of you who have been watching this space will recognize the divergence from eBay's intellectual property practice, where participants in a "Verified Rights Owner" program can get expeditious removal of listings merely by registering and reporting claimed infringements of their trademarks or copyrights. So Mars Candy can stop the sale of M&M-patterned pillows with a letter, but eBay is just "a marketplace" when it comes to percutaneous lead introducers and biopsy instruments.
Now I'm not saying there's anything wrong with the sale of refurbished medical equipment, provided it's properly checked and sterilized by its purchaser, nor that there's anything right about the sale of pirated movies. There's just something strange about a system that gives a market more incentive to police pictures than pacemakers.
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