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Avnish Bajaj, CEO of a popular Internet auction portal baazee.com is arrested in Delhi on Friday for allowing the sale of pornographic VCDs showing two Delhi school students in an explicit sexual act.
What a foolishness , how come an auction site would be liable for the legality of the content posted by its members! - a very very wrong precedence set by indian police officials!
But only because ebay chose to build their software without such controls, and he chose to run that software.
How can you control something like this? Say I make a similar video (and I haven't, FWIW) and give it an innocent sounding title. There is simply no way to know what's on the video without watching it, based on the title alone. This would apply to every product sold thru this software.
The only control would be to view every video, listen to every CD, test every piece of software, verify every copyright... an impossibility, IMO. So the logical fallback would be to listen to consumer complaints, and take appropriate action (which I believe happened in this case - the offending product was removed as soon as it became known).