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times of Ebay and countless other e-commerce enterprises where a buyer can be found for

ebay, and Taoboa, to customer database management, to content creation. Human labelling of products and search results is time consuming,

Netflix, Facebook, Amazon and EBAY 4 Sestini, Fabrizio.``Collective awareness platforms: Engines for sustainability and ethicsâ€.

used on networks like ebay, and more formal legal devices (like public databases). ) With the increasing mixing of voluntary and professional

ebay 114 Echoing Green 176 ehow 138 Elderpower 205 Eliasson, Olafur 23 Emerson, Jed 104

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

In the L'Orã al/ebay case (July 2011) the Court clarified that"awareness"of illegal content can in particular be

%3. ebay 8 %Mobile commerce accounted for nearly one third of all online sales in the UK in the fourth quarter of 2013.

Netflix, Facebook, Amazon and EBAY 4 Sestini, Fabrizio.``Collective awareness platforms: Engines for sustainability and ethicsâ€.

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

and ebay combined, and still growing Osawa et al, 2014 This growth is taking place against a

Amazon and ebay that created on-line bookstores and auctions rather than Barnes & noble and Sothebyâ€ s

Netflix, Facebook, Amazon and EBAY 4 Sestini, Fabrizio.``Collective awareness platforms: Engines for sustainability and ethicsâ€.

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

The ECJ ebay vs. l'Orã al 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

â€¢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, the liability exemption for hosting activities does not apply.

The court came to this conclusion because ebay plays an active role in promoting sales with the

objective of increasing profits by, for instance, appointing sales managers, creating online"boutiques"and offering the option of becoming a"power seller

"â€¢In the Lâ€ Orã al vs. ebay case93 the Paris Civil Court considered that ebay could offer

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,

â€¢In the ebay vs. Maceo case94, the Paris Civil Court considered that ebayâ€ s activities

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

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

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

The second ruling from the ECJ on the liability exemption regime concerns ebay and L'Orã al

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'Orã al, from paid internet referencing services (such as Google's"Adwords".

platform ebay. The question posed to the ECJ was to what extent ebay could benefit from the

exemption of liability on account of"hosting "The ECJ first confirms that an online selling platform in principle offers an information

The ECJ suggested that Ebay would potentially in some instances not have such a neutral

"In some cases, ebay also provides assistance intended to optimise or promote certain offers for sale"(paragraph 114

In case C-324/09, L'Orã al vs. ebay (see also Chapters 3. 4. 2. 1 and 3. 4. 2. 2) the referring court

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

123 See in particular Chapter 3. 4. 3. 1 on"actual knowledge"and the ebay vs L'Orã al case

In the L'Orã al vs. ebay case138 the European Court of Justice accepts, in principle, the

138 Case C-324/09, L'Orã al v ebay, judgment of 12 july 2011, par. 141, available at

â€¢In a case concerning Rolex, Ricardo and ebay, two online selling platforms, the Bundesgerichtshof142 (the German Federal Supreme court) considered that an

â€¢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'Orã al's trademark.

filtering software was not necessary as ebay had made the required efforts to prevent trademark infringements, suggesting that to some extent there is an obligation of

In the L'Orã al vs. ebay case the European Court of Justice accepts, in principle, the compatibility of effective and proportio

-actions are online and financially driven (ebay poker, trading Rationalizer brought ratio into financial decision

like RUBIS benchmark 3, an auction site prototype modeled after ebay. com. It provides a virtualized distributed application that consists of three components, a web

used on networks like ebay, and more formal legal devices (like public databases). ) With the increasing mixing of voluntary and professional

ebay 114 Echoing Green 176 ehow 138 Elderpower 205 Eliasson, Olafur 23 Emerson, Jed 104

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