I don't think eBay and others who gainfully benefit by providing a forum that enables the infringement of intellectual property will be able to argue the highway/truck metaphor much longer. It's clear to anybody who has tried to thwart counterfeiters on eBay via "community measures" that there's a dog & cat game going on whereby peddlers of counterfeit goods are given blanket amnesty so long as nobody raises a stink.

eBay has been playing chicken with this issue. They've held this stance long as they could, and soon they'll get the opportunity to appear like they're acting in good faith because litigation will force them to.

Eventually the playing field will be normalized through the courts and businesses such as eBay will be required to police themselves within reason. The current stance requires groups like LVMH and others to be on the constant lookout for fakes and to report each and every infraction - a totally unrealistic and unfeasible expectation for the custodians of intellectual property. Eventually eBay will have to shoulder the burden of staffing-up to meet the requirements of a reasonably controlled venue. Boo hoo.