Demaestro - 3:51 am on Dec 1, 2010 (gmt 0)
It is eBay's choice to engage in .... the trade of counterfeit goods.
No it isn't. That is what you are missing. They don't CHOOSE to have lawbreakers spoil their site and cause them to end up in courts spending $20 a year combating the problem.
They (Ebay) have a clear choice .... they could simply quit the trade in the problem goods all together.
You are getting ridiculous now. Perhaps New York should shut down since they can't stop crime.
Ebay should shut down if they can't become the first crime free place marketplace on the planet? Why?
You would have tens of thousands of legal vendors hurting.. leave 1000s out of a job and over what? Tiffanys can't even show damages or losses here... they have NO CASE.
Courts aren't set up to give people and companies windfalls. They are set up to make you whole.
If I damage your car to the tune of $1500 then you get $1500 you don't get $5000. That would be a windfall.. that isn't what courts do, except when there is punitive damages and nothing like that here.