NOCI - Notice Of Claimed Infringement

The Digitial Millennium Copyright Act of 1999 ("DMCA") allowed for a rights holder to issue an NOCI which instructs a provider, such as eBay, to remove the offending material. eBay began its Verified Rights Owner ("VeRO") program in response. VeRO is a joke: eBay does not "verify" the alleged "rights" and eBay has never (to our knowledge) taken action against an NOCI that was invalid. But eBay will punish the alleged infringing seller without mercy. The NOCI under the DMCA gives eBay a "safe harbor" for if eBay takes the "sworn" word of the VeRO member and promptly removes the offending auction, eBay cannot be held legally responsible for the alleged infringing material. In what we consider to be a cowardly approach, eBay refuses to review the NOCIs for what should be obvious abuses and gleefully goes on its merry way trampling upon the rights of innocent selles. Ebay is not required to, nor does it attempt to, demand from the VeRO members a detailed reason for the NOCI. eBay could make these demands but prefers to shaft sellers to avoid any possible court actions.