re: nameless' post: How Courts Work 101
Lots of courage there for somebody who's convinced they're in the right and possessing the 'nads to try to lecture somebody on the error of their ways.
FYI, lawsuits are generated based upon the assumption of either a successful payout in court, or a financial decision to cut losses and settle. The courts exist to adjudicate, but by their very definition are not in a position to throw the truly stupid and frivolous cases out before the respondent has had to spend large sums of money defending themselves. Justice doesn't enter into it. Any other explanation is a laughably flimsy justification and an attempt to prove that government is fair and reasonable based upon naivete and bong smoke. Lawyers have to eat. They are notorious for not working for free. There's an old saying -- one lawyer in a small town will starve, but if you have two lawyers in the same small town, they will both live in mansions. They exist to take advantage of how the law works, and if they did not, they simply would not exist. People would just handle their own legal matters.
Sadly, there is no effective disincentive to file frivolous lawsuits, and as long as some 90% of our government is composed of people in or related to the legal professions, this won't change.
Nobody is under any compulsion to buy and sell on ebay. There are other auction sites out there. The fact that they are not as good is a function of many factors, including poorer service, less advertising, and the simple fact that people go where the sales are. A lawsuit based upon an antitrust perspective actually harms competition, because better businesses should not be penalized for gaining the majority of the market, and worse businesses should not be rewarded for not being as good at what they do. I do not agree with ebay's policies -- sniping sucks. However, when I have something to sell, I go straight to ebay, because for all the problems with their policies, I make more money, because my products get a better price. After all, 3% of 200 is $6. I make $194. 2% of $100 is $2. I make $98. It's a no-brainer. You of the high morals are welcome to go elsewhere.
However, ebay is big, and has deep pockets. They are a private business. They can charge what they want as long as sellers sell and buyers buy. They are concerned with making a profit, like any business should, and will make decisions on the overall good of the company, rather than what is the right way. Therefore, they are an ideal target for a lawsuit. The public interest is not served by making them a governmental institution. I can only imagine how crap online auctions would be with all of the 'governmental efficiency' I currently observe. It is entirely possible for people to come up with a case that will make it far enough in the court system to get a payout. That's exactly what's happening here. It's slimy, and it makes the people with a whiney-arsed, unjustifiable complaint a lot of money by taking advantage of the court system. It's the same system that drives doctors out of poor communities, closes down employers, and even makes my morning coffee lukewarm because somebody cannot understand that hot coffee should be, well, hot, and hot can be, well, hot, and hot things can burn you. The very definition of whiney-arsed.