Hendrickson v. eBay, Inc., 165 F.Supp.2d 1082, 60 U.S.P.Q.2d (BNA) 1335 (C.D. Cal. 2001) (full-text).
Factual Background Edit
Hendrickson had complained to eBay that copies of a documentary titled “Manson,” created by the plaintiff was being sold on the website. Hendrickson refused to provide eBay with a sworn, written statement detailing his ownership claim, asserting that his general notice was sufficient.
Trial Court Proceedings Edit
Judge Robert J. Kelleher dismissed the action, stating (1) that the infringements actually took place offline, and (2) that eBay does not have the right and ability to control such sales activities, and hence was immune from liability under the “safe harbor” provisions of the Digital Millennium Copyright Act.
- ↑ The notice provision of the DMCA (17 U.S.C. §512(c)(3)(A)), provides that the copyright owner must provide notification that substantially contains the following: (i) a signature of someone authorized by the copyright owner to give notice; (ii) identification of the protected work or works in question; (iii) identification of the allegedly infringing material; (iv) information necessary to contact the complaining party; (v) an expression of “a good faith belief that the use of the material in the manner complied of is not authorized by the copyright owner, its agent, or the law;” and (vi) an affirmation of the accuracy of the statement, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.