Two cases in 2008 involving Ebay and Tiffany (the jewelry company) show how the law of different jurisdictions can create completely opposite results under the same facts. One Ebay is an innocent online forum. The other is a guilty online counterfeiter. When learning how to anticipate and prevent problems for your clients, you should keep this in mind…
So your competitors and others with a vested interest in the status quo will continue to rely on conflicting legal systems and antique precedents to hold you back. You may not be able to avoid lawsuits, but most companies can do a much better job of anticipating them.
via CIO Insight – eBay and the Legal Problems with Online Marketplaces