
...on Should eBay Be Held Responsible For Fake Goods On Their Site?:
2:39, July 1st, 2008: Ah, Learned Hand. Why did you have to bring him into this? Absolutely correct though. A reporting system is definitely the way to go as I said as well.
15:22, June 30th, 2008: I agree with Mateo. When a website like eBay that sees a significant amount of the internet traffic in the world coming through its site daily, they would be hard-pressed to be able to seek out and eliminate every counterfeiter on a proactive basis. The best way is to use a reporting system.
Also, the differences between the French legal system and the US legal system are significant (although I know you want to hear the business side, I will give a bit about the legal side). The French legal system is what is known as a civil code legal system (In fact, I'm in the second week of a one month stay in France right now as part of my law school program.) This means that every law is actually contained in a book - the US system is a predominantly common law system in which stare decisis and precedent rein supreme. If this case had come up in the US, the court would very likely have come to an almost completely opposite result. The US courts have addressed similar cases before (which I can't remember specific names of right now) that have dealt with analogous issues - the US courts, using precedent, would be likely to find it impracticable and highly unreasonable to force eBay to police their website in such a way. They would require complicit reporting of offenders and subsequent removal of those users, but the courts in the US would not likely find as the French court did. (But, at the same time, the courts could choose to set a new precedent).
That's my .02 cents.
...on Entrepreneurs: How Do You Feel About The Economy?:
12:25, June 24th, 2008: The economy may be suffering, but as has been written about previously - when the economy is down, depending on the industry of the business, it can be the ideal time to launch. The expenses related with launching a new business, in some instances with some expenses, can be lower. Also, it is the best time for investment to be taking place. An injection of money into the economy from consumers is what will help turn things around and new businesses can help consumers want to spend their "getting softer by the day" US dollar.
