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Posted By: TBob

I think that a class action suit against EBay in which the Eagle's clients were Plaintiffs would be markedly different. In that case, there would be witnesses (us)who would testify that they had contacted eBay about the fraud during the course of the action and eBay took no affirmative action to properly investigate and stop the auctions. There would be proof that individuals provided eBay with uncontroverted proof that the items being sold were actually counterfeit items whose images were lifted from a web site provided by the Library of Congress and the seller did not own the items he was selling/or he replicated images of the original item and provided false copies to further the scam.
eBay's prior knowledge would make this the perfect test case.