Hendrickson v. eBay

Citation: Hendrickson v. eBay, Inc., 165 F.Supp.2d 1082, 60 U.S.P.Q.2d (BNA) 1335, C.D. Cal. 2001).

Factual Background
Hendrickson had complained to eBay that copies of a documentary titled “Manson,” created by the plaintiff was being sold on the site. Hendrickson refused to provide eBay with a sworn, written statement detailing his ownership claim, asserting that his general notice was sufficient.

Court’s Decision
Judge Robert J. Kelleher dismissed the action, stating (1) that the infringements actually took place offline, and (2) that eBay does not have the right and ability to control such sales activities, and hence was immune from liability under the “safe harbor” provisions of the Digital Millennium Copyright Act.