Amazon case shows profound difference between DMCA safe harbor & 230 immunity

Kangaroo Mfg. Inc. v. Inc., No. CV-17-01806-PHX-SPL, 2019 WL 1280945 (D. Ariz. Mar. 20, 2019)The Amazon Chronicles often asks “what is Amazon?”  An interesting question to build a law school course around might be “what can Amazon do?”  Here, the DMCA doesn’t let it avoid an infringement claim on a motion to dismiss or partial summary judgment, suggesting that Eric Goldman has a point when he says the DMCA is useless in actual litigation, whereas §230 gets rid of other claims about Amazon’s alleged practice of merging counterfeit and legitimate listings for the same product.Kangaroo sells emoji beach balls. On Amazon, third-party sellers create their own listing for a product that they plan to sell, including uploading their own images of the product, and set their own prices for the product. Each product is identified with a universal product code (“UPC code”) and an Amazon Standard Identification…

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