Way back when eBay India was Baazee.com a film was sold which is said to have been an obscene video of two students from Delhi. The case is still dogging Avinash Bajaj who sold Baazee.com to eBay in 2004 and is now the eBay.in CEO.
The court has halted the trial while the police respond to two points raised in Bajaj’s defence, that listing a video for sale on the site is not the same as publishing the video and that the law failed to define obscene so that even if it is obscene there can be no liability over the film in question.
I don’t think there’s any question that some content may not be suitable for eBay, but should eBay staff be directly liable when sellers list those products for sale?