Warner Bros. is targeting several unnamed users of Amazon.com’s resellers market, filing at least 16 separate lawsuits in California.
The complaints claim the defendants have been selling counterfeit DVDs ranging from “Harry Potter” films to various HBO original shows.
Amazon’s e-commerce platform, which enables third parties to sell products, is protected by the first sale doctrine. However, a 2010 9th Circuit Appeals Court decision set the precedent that the original vendor could limit resale by “crafting the terms of use for media content to define the purchase as a ‘license’ rather than a strict ‘sale,'” notes The Hollywood Reporter.
However, a source told THR that the lawsuits aren’t concerning issues of used merchandise.
“If Warner Bros. is suggesting that illegally downloaded or camcorded copies of shows and movies are being passed off as new or used items on Amazon, the lawsuits launched Monday suggest a different sort of problem,” the article states. “Namely, the lack of internal controls in the Amazon Marketplace to deal with such ‘counterfeits.’ Amazon has been known in the past to suspend the accounts of counterfeiters, so the litigation raises the question of why not this time.”
Warner Bros. is seeking damages and attorney costs (Amazon is not a named defendant) and that “the defendants be restrained from offering unauthorized copies of their works for sale as well as marketing, advertising and promoting such copies,” explains THR.
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