On Monday, District Judge Orelia Merchant ruled that eBay isn't liable for items that users sell on the digital marketplace due to civil protections provided by Section 230 of the Communications Decency Act.
The lawsuit filed by the US Department of Justice alleged that eBay had violated the Clean Air Act by knowingly selling or offering unlawful products for sale, including polluting goods.
Merchant dismissed the DOJ's claim, highlighting that eBay 'must own or possess an item' to be considered a seller, which the platform does not do.
In her decision, Merchant indicated that eBay's technical support and administrative functions, such as email notifications and payment processing, do not materially contribute to the unlawful nature of the products.
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