tangor - 1:32 pm on Nov 30, 2010 (gmt 0)

The problem is that eBay is the venue and the only "profit" they make is a transaction fee. The actual spend went to the infringer and that is who must be taken to task for lost earnings. eBay (or any other site that sells) can be held accountable for KNOWINGLY allowing illegal activity in which result compensatory punitive damages can be sought, and in these litigious times might actually exceed the real lost earnings.