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When a merchant account is opened, it should be possible to accurately identify an individual responsible such that civil/criminal charges can be filed against

by LanceH 7y ago

When a merchant account is opened, it should be possible to accurately identify an individual responsible such that civil/criminal charges can be filed against him. Anything short of that will end up with a new account opened the next day, and it doesn't matter the platform. I actually prefer the current chaos to something like Youtube where they have given rights owners an (practically) unappealable veto over everyone's content. Yes, I know that 98% of the strikes are probably correct, but some are completely bogus and others are exploiting fair use correctly. One of the first things we would lose with a Youtube style agreement is the doctrine of first sale.

ikeboy 7y ago
Right now they require ID when opening new accounts. My understanding (based on talking to sellers) is that it became significantly more difficult to open new accounts when this policy went into effect. Sophisticated criminals willing to fake IDs or commit identity fraud are hard to counter. I do think they could enforce an insurance requirement which would help pay out civil judgements, at least. By the way, YouTube claims are easily disputed in almost all cases, with the exception of UMG which has a contractual right to veto counternotices. Otherwise, YouTube responds to disputes reasonably, in my understanding. This wasn't always the case, many of the favorable policies are only a few years old, such as holding revenue in escrow until a dispute is resolved.
reroute1 7y ago
I don't think they can bring criminal charges just for opening an account. But if they continue to do business after supplying false information that might be some kind of fraud. But they could also just enforce stricter rules around reviewing and approving sellers. While not having the threat of legal action it is something they have much more control around.

by LanceH 7y ago

ikeboy 7y ago

Right now they require ID when opening new accounts. My understanding (based on talking to sellers) is that it became significantly more difficult to open new accounts when this policy went into effect. Sophisticated criminals willing to fake IDs or commit identity fraud are hard to counter. I do think they could enforce an insurance requirement which would help pay out civil judgements, at least. By the way, YouTube claims are easily disputed in almost all cases, with the exception of UMG which has a contractual right to veto counternotices. Otherwise, YouTube responds to disputes reasonably, in my understanding. This wasn't always the case, many of the favorable policies are only a few years old, such as holding revenue in escrow until a dispute is resolved.

reroute1 7y ago

I don't think they can bring criminal charges just for opening an account. But if they continue to do business after supplying false information that might be some kind of fraud. But they could also just enforce stricter rules around reviewing and approving sellers. While not having the threat of legal action it is something they have much more control around.