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Brian Kopp, 24, had filed suit in March against California-based Blizzard Entertainment, parent company Vivendi, and the Entertainment Software Association. The complaint alleged that those organizations were wrong to order eBay to terminate auctions of his book The Ultimate World of Warcraft Leveling & wow gold  Guide, of which he had sold hundreds of copies since last August at about $15 apiece.

Alleging the book violated intellectual-property laws, Blizzard, Vivendi, and the ESA sent repeated take-down notices, provided for by the Digital Millennium Copyright Act, to eBay. The auction giant's general policy is to halt auctions when it receives such notices and to suspend a user's account after it racks up a certain number of warnings.  

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Kopp routinely filed counternotices protesting the claims, according to his original court complaint in California federal court. Because the companies never responded to those documents, eBay was free to reinstate Kopp's auctions, which it did. But the video game industry continued to issue take-down notices, the number of which grew high enough that eBay was forced to suspend Kopp's accounts under multiple usernames.

"It's pretty much the equivalent of showing up at your store one morning and finding your goods on the curb with nothing you can do about it," said Greg Beck, an attorney representing Kopp on behalf of advocacy group Public Citizen. "They get so many notices of claimed infringement that they can't investigate all claims."

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