Next, Amazon's "multiple algorithms" determine which elements from this "catalog" ultimately will be published on the PDP. Since different sellers often offer the same goods at different prices, this provides an obvious benefit to consumers and promotes competition among resellers.Īccording to the allegations in the complaint, when resellers upload proposed product descriptions and photos for a PDP, they are initially stored in an internal database (which Amazon calls a "catalog"). Presumably Amazon does this to make it easier for purchasers to find items and compare offerings from the different sellers (which they can easily do by clicking on links). On, a reseller does not have the ability to create her own, dedicated product page instead, Amazon corrals all resellers that are hawking the same product onto a single PDP. Accordingly, it amended its complaint to add claims for direct infringement. What Williams-Sonoma learned during depositions convinced it that Amazon itself played a large enough role in the selection and publication of the PDP images to potentially be liable as a direct copyright infringer. Nevertheless, Williams-Sonoma hadn't included copyright claims in its initial compliant because it been under the "mistaken impression" (its words) that third party sellers directly uploaded product images to PDPs, and that Amazon could claim protection under the DMCA's safe harbor provisions. Indeed, over the years, it had sent Amazon multiple DMCA take down notices to have images removed. Williams-Sonoma had been aware that its copyrighted images appeared, from time to time, on Amazon's product detail pages ("PDP") - i.e., the webpages on which products are listed for sale. Sometimes in discovery, you discover stuff. Last year, after the court denied Amazon's motion dismiss the complaint, the parties proceeded to discovery. This copyright issue came up in the middle of a trademark case filed by Williams-Sonoma against Amazon, in which Williams-Sonoma alleges (among other things) that the unauthorized use of its trademarks in connection with the resale of its products on by third party sellers infringes upon its trademarks. Here is the photo (courtesy of the court's decision) of the image in question: This post is about that famous bark, or, more accurately, about a decision issued last week by Magistrate Judge Tse (in the Northern District of California) that addressed whether the unauthorized publication on of an “artistically-staged” photograph of that glorious confection infringed upon Williams-Sonoma's copyright. It represents the rare instance (forgive me, Ina!) when homemade just can't measure up to store-bought. But, at least for me, the peppermint bark you can buy from Williams-Sonoma during the holidays is the ideal against which all other candy bark is measured. The one time I made Ina's recipe for homemade white chocolate bark, I thought it was good. (Move over, Michael the florist!)īut not even Ina bats 1000. Nearly twenty years of watching her TV show has left me with the unshakable impression (fantasy?) that, were we to meet in the real world, she would immediately welcome me into her extensive circle. And I love how she insists on using only "good" vanilla extract, avoids cilantro at all costs, and reassures you that whatever you are making "doesn't have to be perfect" (even though hers always is). I love how her zen calm remains intact even when celebrities passing through East Hampton (like Neal Patrick Harris or Mel Brooks) casually stop by to learn how to truss a chicken. I love the rapport she shares with her husband Jeffrey, especially the way she beams at him each and every time he tells her (as he often does) that the food she has prepared is the "most delicious" thing he has ever tasted. I love her recipes: they are relatively easy to execute, delicious (no surprise, since they tend to double down on butter), and leave guests with the impression that my culinary skills are stronger than an honest appraisal would support. I don't think it is possible to love Ina Garten, the Barefoot Contessa, more than I do.
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