Update on eBay Sales of Protected Test Content

As an update to an earlier post, the Summer 2008 issue of the Test Publisher, the ATP newsletter, has the following:

eBay Removes intellectual property from auction site in response to ATP member complaints

"Six auctions down and a myriad to go," is how ATP's Legislative Counsel Alan Thiemann recently described the ongoing battle with eBay over test materials being sold online.

In response to growing concerns by its members over the presence of copyrighted tests being sold by various Internet sites, ATP has started working with the Software & Information Industry Association (SIIA) to expand the SIIA's existing enforcement for taking down unauthorized sales of copyrighted content.

Thiemann reported that "acting on information obtained from an ATP member, ATP/SIIA contacted eBay and within 24 hours six different auctions had been taken down." He added that, "as often occurs, one of the auctioneers challenged that action." Again working with the publisher, ATP/SIIA provided specific information demonstrating that the test at issue was a copyrighted product used commercially and that the attempted sale was neither licensed nor authorized and therefore was infringement.

Based on this successful "proof of concept" ATP is working with SIIA on how to best move forward in promoting a robust enforcement effort for the handling of piracy involving tests and related materials on the Internet.

"Although the success of the trial run proved promising, rolling out a full-blown, 24/7 enforcement program is going to be a significant undertaking," Thiemann cautioned. He added that as part of efforts so far, a standard email response template has been created which can be used to explain to sellers the legal arguments (copyright/trademark infringement, license agreement violations, etc.) that form the basis of enforcement actions against their auctions.

If any ATP member has an interest in this type of program and the potential savings for your company of joining an Association-lead effort to deal with Internet piracy, ATP would like to hear from you. Please contact ATP CEO Dr. William G. Harris at wgh.atp@att.net.