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Re: Estee Lauder sues Excite over keywords

From: Joel Shellman <joel_at_knOcean.com>
Date: Tue, 2 Feb 1999 06:02:50 -0600 (CST)

I have one question that may seem very odd, but...

It seems to me that Excite should NOT be responsible to
ensure that every single ad buy does not enfringe on
someone's copyright. Shouldn't that burden be placed on the
purchaser?

It really seems to me that Estee Lauder should be sueing the
company that is doing the copyright infringement--not some
unfortunate middle man who got caught in between.

I would think that Estee Lauder would inform Excite of the
problem, Excite would immediately cease display of the ads
if their lawyers deemed it was indeed copyright
infringement, and Excite would refer Estee Lauder to the
purchaser guilty of the infringement for legal action.

Unless Excite refused to take action, or assist in stopping
the infringement, I fail to see why they are the one being
sued. The purchaser knew very well they were infringing
copyrights when they purchased--knowingly guilty. Excite was
just doing business as usual--ignorant. Why isn't the guilty
party being sued?

Thank you,

Joel Shellman
knOcean Interactive Corporation
http://corp.knOcean.com/


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Received on Tue Feb 02 1999 - 06:23:25 CST


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