If you're a capitalist at heart then you understand that free markets can't function properly if intellectual property rights don't have teeth.

The crux of the argument lies in eBay's motivations. Are they a neutral arbiter simply linking buyer with seller, or are they a willing participant in a transaction that comes at the expense of legitimate retailers? It doesn't take a stretch of the imagination to see how the latter could be proven, so I think this is just a preview of what's to come.