[geeks] DMCA strikes again?

[Ken Hansen]

After much snippage, I comment below...

Ken

--- Kurt Huhn <kurt at k-huhn.com> wrote:
> Being an avid paintball player, I've also been known
> to dabble in airsoft
> collecting.  Recently, in order to fund the purchase
> of a new paintball gun,
> I decided to sell one of my airsoft pistols - a
> Glock knockoff made by KWC
> (Kein Well Corp, Taiwan).
> 
> I listed it on eBay, and bidding was pretty fierce -

<snip>

> What would Glock, Inc hope to gain from taking this
> action?

I think Glock is:

   a) Protecting their product, and all trade marks,
      service marks, and design (aka look and feel,
      thanks Apple!)

   b) The requirements to have an item dropped by eBay
      are quite low I imagine - they seem to put all
      responsibility on the owner of the rights - they
      (eBay) are only acting as a "tool" of the rights
      holder (the sworn deposition makes the rights
      holder liable for any violations, and holds eBay
      blameless I assume) - but IANAL.

   c) Glock is *probably* within their rights to fight
      sales of knock-offs. The way around this is to
      not use any words that describe it as a "Glock"
      or similar to a "Glock" - they can't check every
      sale! Also, consider a 3-day auction (get in and
      out quickly).

Do you have any info on the bidders? Try for a private
sale if you do...

Ken


=====
Ken
n2vip at yahoo.com

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