eBay Beats DMCA

pgrote writes "eBay won a court battle that brought to light a key provision of the DCMA. The judge says, "Although it may facilitate the sale of pirated material, "eBay does not have the right and ability to control such activity," a standard required by the Digital Millennium Copyright Act, the judge wrote." So does that mean that the P2P file trading programs are legal since the pirating occurs off the sites? This is could be a very important precedent. " In talking to some lawyer friends, their perspective on part of the Napster case was that by being very difficult in the beginning, Napster almost doomed itself. But, as always, IANAL ^? .

Comments

misleading title.

[the_2nd_coming]

the title of the Post on /. is a bit misleading.

the case did not beat the DMCA, it clarified it.

there is a big diffrence.

/. titles are worse thaan those on the local 10 o'clock new:
tragity down town: somthing bad almost happened

god people please stop the insanity

E-bay auction item #857329457: DMCA licence

[hardaker]

I say we put the DMCA up for auction on E-Bay as a "revenue protecting licence agreement text suitable for governments funded by large buisnesses". How much do you think it would go for?

Um, maybe its legit?

[Ummagumma]

At the risk of becoming serious flame-bait here, anyone stop to consider, that maybe the Feds are right here, and that the warrant is sealed for a reason, and not some government-coverup conspiracy crap?

Not everything the government does is evil - lets give the facts time to shake out before we castrate the government for this one. That is, if the facts ever come out...