In an opinion Thursday, the U.S. Second Circuit Court of Appeals affirmed a lower court’s decision that eBay can’t be held libel for trademark infringement for the sale of counterfeit items if it takes steps to remove infringing listings and isn’t willfully blind to such sales.

“…We are disposed to think, and the record suggests, that private market forces give eBay and those operating similar businesses a strong incentive to minimize the counterfeit goods sold on their Web sites,” wrote U.S. Circuit Judge Robert D. Sack.

“EBay received many complaints from users claiming to have been duped into buying counterfeit Tiffany products sold on eBay. The risk of alienating these users gives eBay a reason to identify and remove counterfeit listings. Indeed, it has spent millions of dollars in that effort,” Judge Sack added.

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The Metropolitan Police said its Central e-Crime Unit worked with U.K. domain-name registry Nominet to shut down the Web addresses of the sites, and to keep them from being re-registered.

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A Chinese court has ordered the software giant to stop producing and selling versions of its Windows OS that include Chinese fonts developed by a local software company. Microsoft’s (MSFT) use of two Chinese fonts developed by Zhongyi Electronic, a Beijing-based software company, was not covered by the licensing agreement between the two, the court found, and therefore infringed on Zhongyi’s rights. And so Microsoft must pull from the shelves Chinese language editions of Windows 98, Windows 2000, Windows XP and Windows Server 2003.

“By winning this case against an internationally well-known company like Microsoft, it shows that China, although still a developing country, is taking positive steps to protect intellectual property rights,” an attorney for Zhongyi Electronic told Reuters.

Microsoft, for its part, insists its agreement with Zhongyi covered its use of the fonts at issue and plans to appeal the decision. “Microsoft respects intellectual property rights,” the company said in a statement. “We use third party IPs only when we have a legitimate right to do so.”

And if Microsoft should fail in its appeal? Well, piracy is so rampant in China, a court order preventing the company from selling certain versions of Windows isn’t exactly going to hamstring Microsoft’s business. “The majority of operating systems in the market today are illegal copies, and the ones that are Zhongyi-related have an even smaller share of the market,” Analysys International analyst Edward Yu explains. “So I don’t think it will have much impact on Microsoft’s business.”

“There is nothing in eBay’s systems and policies which favours or encourages the listing or sale of counterfeit goods,” the Court wrote. “On the contrary, eBay Europe take active steps to prevent or at least minimise such activities. The fact that eBay could take further steps does not affect this….The fact that it would be possible for eBay Europe to do more does not necessarily mean that it is legally obliged to do more, however.”

Another disappointment for L’Oréal, whose legal campaign against eBay (EBAY) has met with similar defeats in France and Belgium (cases in Germany and Spain are still pending). Though the cosmetics giant was able to take solace in the court’s suggestion that eBay could be a bit more proactive in its efforts to prevent the sale of counterfeit goods on its site.

Highlighting the problem of counterfeit merchandise sold on the site, Bloomberg reports that the company provided a tip to German police that triggered the seizure of 20 tons of knock-off designer clothing last month. While it is certainly good to see eBay taking an aggressive posture on fake goods, the company clearly has an issue to resolve here. As Bernstein Research analyst Jeffrey Lindsay notes in the story, eBay is “only as good as its worst seller in the minds of its customers.”

The story also notes that eBay has been sued by a number of luxury brands for not doing enough to insure that sellers don’t peddle fakes.

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There is damning evidence that this activity has been going on there for way too long, and plenty of people in the security community have gone out of their way to raise awareness about this network, but nobody seems to care.”

– Paul Ferguson, a threat researcher with computer security firm Trend Micro

According to security experts, Web-hosting outfit McColo is responsible for enabling the broadcast of more than 75 percent of all spam globally. Its client list is a rogues gallery of bad-guy syndicates involved in everything from botnets to counterfeit pharmaceuticals and kiddie porn. So how is it that MoColo’s ISPs, Hurricane Electric and Global Crossing, were unaware of that until notified by a Washington Post reporter?

I’m not sure there’s a good answer to that question, though it would certainly be interesting to hear one. Almost as interesting as hearing the two ISPs explain away their network traffic from known criminal botnets Mega-D, Srizbi, Pushdo, Rustock and Warezov, all of which have their master servers hosted at McColo.

“We shut them down,” Benny Ng, director of marketing for Hurricane Electric, told the Post. “We looked into it a bit, saw the size and scope of the problem you were reporting and said ‘Holy cow!’ Within the hour we had terminated all of our connections to them.”

“Holy cow?” More like, “Holy cow, someone finally noticed we’re the preferred ISP of a massive criminal syndicate! What do we do?!?”

“ISPs can’t take the ‘I see nothing, I hear nothing’ approach to this content,” said Mark Rasch, a former cyber crime prosecutor for the Justice Department. “It’s a little bit like a landlord who owns a building and sees people coming in and out of the apartment complex constantly at all hours and not suspecting their may be drug activity going on. There are certain things that raise red flags, such as the nature, volume, source and destination of the Internet traffic, that can and should raise red flags. And to have so many third parties looking at the volume and content from this Internet provider saying ‘This is outrageous,’ clearly the people doing the hosting should know that as well.”

Responding to complaints, the company said today that the upcoming Service Pack 1 update for Windows Vista will remove “Reduced Functionality Mode” from the OS’s copy-protection scheme.

That’s great news for innocent Vista users who’ve had their systems “reduced” for no good reason, although to be frank some users may find the nagware service with which it’s being replaced equally annoying. “Although our overall strategy remains the same, with SP1 we’re adjusting the customer experience that differentiates genuine from nongenuine systems in Windows Vista and later in Windows Server,” Windows product marketing Mike Sievert explained. “Users whose systems are identified as counterfeit will be presented with clear and recurring notices about the status of their system and how to get genuine. They won’t lose access to functionality or features, but it will be very clear to them that their copy of Windows Vista is not genuine and they need to take action.”

Recurring notices, huh? My God … they’ve finally found a new use for Clippy, haven’t they?

Responding to complaints, the company said today that the upcoming Service Pack 1 update for Windows Vista will remove “Reduced Functionality Mode” from the OS’s copy-protection scheme.

That’s great news for innocent Vista users who’ve had their systems “reduced” for no good reason, although to be frank some users may find the nagware service with which it’s being replaced equally annoying. “Although our overall strategy remains the same, with SP1 we’re adjusting the customer experience that differentiates genuine from nongenuine systems in Windows Vista and later in Windows Server,” Windows product marketing Mike Sievert explained. “Users whose systems are identified as counterfeit will be presented with clear and recurring notices about the status of their system and how to get genuine. They won’t lose access to functionality or features, but it will be very clear to them that their copy of Windows Vista is not genuine and they need to take action.”

Recurring notices, huh? My God … they’ve finally found a new use for Clippy, haven’t they?