https://blog.ericgoldman.org/archives/2019/05/amazon-isnt-liable-for-defective-marketplace-sale-no-thanks-to-section-230-erie-insurance-v-amazon.htm Thu, 23 May 2019 20:11:00 +0000 hourly 1 https://blog.ericgoldman.org/archives/2019/05/amazon-isnt-liable-for-defective-marketplace-sale-no-thanks-to-section-230-erie-insurance-v-amazon.htm#comment-2300 Thu, 23 May 2019 20:11:00 +0000 https://blog.ericgoldman.org/?p=20038#comment-2300 I don’t know whether it happened in this case, but Amazon commingles inventory from different sellers. If you order an item from an Amazon seller, and a second seller has the same item at a closer warehouse, they’ll ship the second seller’s item. This is a huge problem because a lot of those second sellers have counterfeit products, and the first seller who had the real product gets blamed.
Would that change the analysis? Nominally the inventory belongs to the two sellers, but if Amazon can substitute them without asking, who really owns it?
Fraud problem described here, Amazon’s weak response here.

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