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Synopsis: Ict: Communication systems: Telecommunication: Computer networks: Internet: Web: Web provider: Ebay:

In the modern times of Ebay and countless other e-commerce enterprises where a buyer can be found for almost anything,

and labelling for major online retail and auction sites like Amazon, ebay, and Taoboa, to customer database management, to content creation.

Big OTT are Google, Skype, Youtube, Netflix, Facebook, Amazon and EBAY. 4 Sestini, Fabrizio.``Collective awareness platforms:

These include the now familiar reputational devices being used on networks like ebay, and more formal legal devices (like public databases).

human resources and IT consulting services. 417) Philanthropic‘ebays'.'Philanthropic platforms such as Volunteermatch which help people find volunteering opportunities in their local area. 418) Donor platforms, such as Globalgiving, Altruistiq Exchange, Network For good, Firstgiving and Guidestar.

seeking a blend of social and financial returns (see also method 361). 3 476)‘ ebays'for social investment, for example, Clearlyso,

207 d. o. b. Foundation 80 Dolan, Paul 104 Dr Foster 89 ebay 114 Echoing Green 176 ehow 138 Elderpower

Philanthropic ebays 172 Plane Stupid 27; 28 Planning for Real 43 Platforms 40; 95; 117;

In the L'oréal/ebay case (July 2011) the Court clarified that"awareness"of illegal content can in particular be obtained by a notice that is"sufficiently detailed and adequately substantiated".

Top 3 Online Players UK 1. Amazon 16%2. Tesco 9%3. ebay 8%Mobile commerce accounted for nearly one third of all online sales in the UK

Big OTT are Google, Skype, Youtube, Netflix, Facebook, Amazon and EBAY. 4 Sestini, Fabrizio.``Collective awareness platforms:

Amazon or ebay are already icons of e-commerce that changed the landscape of the retailing industry.

Alibaba, a Chinese online sales company, is now larger than Amazon and ebay combined, and still growing (Osawa et al, 2014).

Amazon and ebay that created on-line bookstores and auctions rather than Barnes & noble and Sotheby's. Here are some categories for use of IT in business model innovations.

and eventually acquired by leading USA web services players, first ebay and now Microsoft. In the following sections we analyse in more detail the development of companies in the three sub-sectors,

It is a sub-sector where the USA dominates with the largest players all being first movers Google in search, Facebook in social media, Apple in music content with itunes, ebay with online auctions and Amazon in online retail.

Thus web services such as Facebook, ebay, Twitter, etc have been favoured strongly by the VC community. Yet, the US VC industry has been investing in diverse sectors,

Thus web services such as Facebook, Google, ebay, Twitter, etc are favoured strongly by the VC community.

company reports) Amazon has had one of the fastest growths in the Internet's history even against ebay and Google.

In 1999 it tried to set up it own auction website, directly in competition with ebay.

Skype was acquired by ebay in September 2005 for $3. 1 billion, but relations between the founders and ebay soured as growth targets were missed.

A 70%stake was acquired by an investment group led by Silver lake (including the original founders) in November 2009,

This undoubtedly led to ebay becoming disenchanted with Skype's performance and the seeming failure of synergies to emerge with ebay and its other big acquisition, online payment system, Paypal.

History and development The basis for the start-up of Skype was the coming together of the entrepreneurial skills of Zennström

and the ebay threatening to completely destabilize the company. Following the departure of Zennström and Friis,

Meanwhile ebay was preparing to float Skype via an IPO but Zennström and Friis were done not.

and Friis joining the Skype investor group with 14%ownership. ebay then sold 70%of Skype to the investor Group led by Silver lake. 47 http://www. prnewswire. co. uk/cgi/news/release?

and ebay got most of its money back in recouping $2. 55 billion. In essence Microsoft paid about $1000 per subscriber

Big OTT are Google, Skype, Youtube, Netflix, Facebook, Amazon and EBAY. 4 Sestini, Fabrizio.``Collective awareness platforms:

Case C-324/09, L'oréal v ebay, judgment of 12 july 2011, par. 95-96, available at:

The ECJ ebay vs. L'oréal judgment in case C-324/09 confirms that awareness in the sense of Article 14 can be obtained through a"notice"that is sent to an intermediary and that is sufficiently precise and substantiated.

The Paris Commercial Court considered that ebay might not benefit from a liability exemption for its hosting activities. 92 The court considered that the sellers on ebay's website (recipients of ebay's services in terms of the E-commerce Directive) act under the authority

or the control of ebay (the provider of an information society service in terms of the E-commerce Directive), in which case, in accordance with Article 14 (2) of the Directive,

because ebay plays an active role in promoting sales with the objective of increasing profits by,

"In the L'oréal vs. ebay case93 the Paris Civil Court considered that ebay could offer its clients various services on the same site without losing the right to benefit from a liability exemption.

However, only some of ebay's activities are covered by the definition of hosting of Article 14 of the E-commerce Directive

and eligible for the liability exemption (for instance ebay's selection of"daily deals"could not be covered) 91 Appeal Panel Decision of Civil Court of Rome, IP specialist section, 22.02.2010,

page=jurisprudencedecision&id article=2639 29 In the ebay vs. Maceo case94, the Paris Civil Court considered that ebay's activities are covered by the definition of hosting.

That ebay receives revenues related to sales carried out on its website was considered irrelevant in this context. In this case, it was considered that ebay was not an editor as it could not be proven that ebay checks the messages that users post on the site.

The fact that ebay has designed the architecture and structure of its site and that it has developed systems for organising

and ranking the content on its site is not sufficient to conclude that it cannot benefit from the hosting liability exemption.

The UK High court in L'oreal vs. ebay95 considered without any further reasoning, that ebay's activities could not be covered by Article 14 of the ECD

because its activities would go far beyond the mere passive storage of information provided by third parties.

EBAY actively organises and participates in the processing and use of this information. The UK High court has decided not yet on the hosting status of ebay as it requested guidance from the European Court of Justice (see the judgement referred to in Chapters 3. 4. 2. 2 and 3. 4. 3. 1). Similarly fragmented

case law exists in relation to blogs discussion fora and social networks. For example: Usenet (a system in which users post messages to a newsgroup) was considered a caching provider by the German Regional Court of Munich96

The second ruling from the ECJ on the liability exemption regime concerns ebay and L'oréal.

whether the selling platform ebay could be held liable for trademark infringements committed (and possibly to be committed) through its site.

ebay had bought keywords, including trademarks held by L'oréal, from paid internet referencing services (such as Google's"Adwords").

"In parallel to this, L'oréal had identified several infringements of its trademarks through/by the selling platform ebay.

The question posed to the ECJ was to what extent ebay could benefit from the exemption of liability on account of"hosting".

"Paragraphs 115 and 116) The ECJ suggested that Ebay would potentially in some instances not have such a neutral position:"

"In some cases, ebay also provides assistance intended to optimise or promote certain offers for sale"(paragraph 114). 3. 4. 3 The conditions in Article 12 to 14 ECD Articles 12 to 14 of the ECD contain a number of specific material

L'oréal vs. ebay (see also Chapters 3. 4. 2. 1 and 3. 4. 2. 2) the referring court referred the question of

=37 whether ebay was aware of facts and circumstances from which the illegal activity was apparent:

whether ebay provides such assistance but it already indicated that"in some cases"(without further specification) ebay does play such an active role.

The ECJ does not elaborate explicitly on how a hosting service provider can obtain"actual knowledge".

"and the ebay vs L'oréal case. 40 Apart from the E-commerce Directive, there are other pieces of European legislation relevant for NTD procedures.

The provision is silent about injunctions. 48 In the L'oréal vs. ebay case138 the European Court of Justice accepts, in principle, the compatibility of effective and proportionate injunctions against providers such as operators of online marketplaces.

138 Case C-324/09, L'oréal v ebay, judgment of 12 july 2011, par. 141, available at http://curia. europa. eu/juris/recherche. jsf?

In a case concerning Rolex, Ricardo and ebay, two online selling platforms, the Bundesgerichtshof142 (the German Federal Supreme court) considered that an injunction against the two intermediaries forcing them to apply filtering software would not be infringing Article 15.

In France, in a ruling of 13 may 2009 in a case concerning ebay and L'oreal

143 the Court refused to oblige ebay to implement filtering software for its"health and beauty section"to prevent infringements of L'oréal's trademark.

The Court considered that filtering software was not necessary as ebay had made the required efforts to prevent trademark infringements,

Thanks to the Internet, more and more interactions are online and financially driven (ebay, poker, trading. Rationalizer brought ratio into financial decisionmaking.

Gilead Sciences and EBAY from the US; SAP from Germany; Novo Nordisk from Denmark; Samsung Electronics from South korea.

7 TATA MOTORS India Automobiles & Parts 1496.0 8 EBAY USA General Retailers 1408.2 9 GILEAD SCIENCES USA Biotechnology 1333.9 10

an auction site prototype modeled after ebay. com. It provides a virtualized distributed application that consists of three components, a web server, an application server, a database and a workload generator,

These include the now familiar reputational devices being used on networks like ebay, and more formal legal devices (like public databases).

human resources and IT consulting services. 417) Philanthropic‘ebays'.'Philanthropic platforms such as Volunteermatch which help people find volunteering opportunities in their local area. 418) Donor platforms, such as Globalgiving, Altruistiq Exchange, Network For good, Firstgiving and Guidestar.

seeking a blend of social and financial returns (see also method 361). 3 476)‘ ebays'for social investment, for example, Clearlyso,

207 d. o. b. Foundation 80 Dolan, Paul 104 Dr Foster 89 ebay 114 Echoing Green 176 ehow 138 Elderpower

Philanthropic ebays 172 Plane Stupid 27; 28 Planning for Real 43 Platforms 40; 95; 117;

ebay's and Priceline'reverse auction system, the Amazon affiliate network, and online virtual communities (e g.

In recent times, companies like ebay, Kayak, Google or Facebook have changed the way we shop,

ebay) also allow wealth creation among their users through the creation of marketplaces that had until then been nonexistent or highly inefficient.

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