posted Sep 07, 2001 - News

'EBay Inc. won what it called a precedent-setting court victory Thursday when a federal judge ruled that the Internet auction company was not liable for copyright infringement because bootleg copies of a Charles Manson documentary were sold on the site.'

'The judge in the eBay case said it was the first to test whether a Web site has a "safe harbor" if people use the site to sell items that infringe on copyrights.'

Wow. This shouldn't be amazing to me, because it's a judgement completely in line with the language of the DMCA, but it's just such a surprise to see a court rule against the copyright holder, even when the defendent is completely in the clear... As it stands now, the safe harbor provision is the only thing in the DMCA that really protects people, rather then copyright holders. In this case, eBay was a corporation, but I could just as easily need to invoke this safe harbor someday.



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