Quote:
Originally Posted by Grondie
If you're a capitalist at heart then you understand that free markets can't function properly if intellectual property rights don't have teeth.
The crux of the argument lies in eBay's motivations. Are they a neutral arbiter simply linking buyer with seller, or are they a willing participant in a transaction that comes at the expense of legitimate retailers? It doesn't take a stretch of the imagination to see how the latter could be proven, so I think this is just a preview of what's to come.
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I do believe in protection of intellectual property rights. But eBay isn't producing these items. EBay is merely the conduit for sales. I think it's unrealistic to expect them to monitor and know whether every auction is authentic or not. They rely on complaints from customers that their products are counterfeit.
That they claim they swiftly pull down counterfeit auctions is a bold face lie.
EBay is doing a pretty miserable job of controlling the counterfeits. They need a policy that once a seller is deemed a continuous counterfeit seller, that seller is banned. We all know that doesn't happen. I think they could inhibit the big sellers of fakes.
EBay's motivations are fairly clear - sell as many products as possible to make as much money as possible.
I question LVMH's motivations more. Are they more concerned that people out are buying nasty knock offs and diluting their brand status or are they concerned that eBay is a fantastic outlet of authentic products for lower prices than their distributors?
Either way - is eBay really at fault? If it's not eBay it would simply be another online consignment store or knock off store. I do not think fining eBay millions is an appropriate action. Loads of other brands will jump on the band wagon and make this even more ridiculous. Bottom line - it is not a sound judicial decision - to make this precedent. It has to be overturned.
Are these big brands chasing down the loads of online counterfeit stores?
Again - I do love a free market. And I like the fact I can get great stuff on eBay for cheap. Who knows? Maybe many of the eBay buyers are happy buying cheap "designer" stuff even if it is fake.
I like a free for all market more than a market controlled by big suppliers.