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Posted By: davidcycleback

Unlike a magazine charging for ads, a flea market charging for space or mall renting store space, the problem for eBay's argument is they don't merely charge for the ability to 'take out an ad' or 'rent space' on eBay, they also take a percentage of the final sale. Meaning, when counterfeits are sold on eBay, eBay is taking a percentage of the take. This percentage of sales makes them different than the other entities, and likely makes them more responsible for guarding against sales of counterfeits. It's harder to argue you have zero responsibilities or duties concerning the sales of counterfeits when your revenue is directly and mathematically derived from it.