Bundesgerichtshof [Federal Court of Justice of Germany], First Civil Section, Internetversteigerung I, I ZR 304/01, March 11, 2004

Document type
Court Decision
Auction portals like eBay are neither direct infringer nor aider and abettor and hence generally does not bear tortious liability for infringing offers of its users. Obligation to remove offers can based only on the disturbance liability and arises when the objected offer was brought to its attention and is “clearly infringing”. This obligation also requires that auction platform takes proactive steps to prevent infringement of that kind from occurring again.
Topic, claim, or defense
General or Non-Specified
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)