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Unauthorized electronic copies of books in J.K. Rowling's 'Harry Potter' series have appeared in auctions on eBay's India site; the author has won an unprecedented injunction against eBay that will require the company to look for those works in its auctions and remove them. Although fans of the Harry Potter phenomenon may want to have electronic versions of those books available, Rowling has never approved them for publication in e-book format. The US hardcover version of 'Harry Potter and the Order of the Phoenix' weighs in at a hefty 870 pages, and doesn't fit in a carry-on as neatly as a PDA or smartphone. Whether the active trading of Potter e-books on eBay's site in India, once known as Baazee.com, is crass commercialism or simply serving an unfulfilled need isn't material. Rowling and her attorneys have been fighting this issue since 2004. The Times Online reported on the latest events in the case in India, and the potential bombshell dropped right into eBay's lap. An injunction from the court requires eBay to do the unprecedented. They must actively prevent illegal copies of Rowling's work from appearing on the site. The impact of that decision may be felt well beyond India:

The injunction presents difficulties for eBay, whether it succeeds or fails in policing its users’ sales. If the company is able to remove all sales of electronic copies of Harry Potter books then other brands will demand similar treatment when their rights are infringed by sellers. If it fails, it will be in contempt of court. Akash Chittranshi, who is representing Rowling at the High Court in Delhi, told The Times that the injunction could set a precedent. “If they can do it in this case then they can do it a lot more,” he said. “This is the first time eBay has been compelled to take measures to prevent e-books being sold.”

eBay will be watching the countdown to May 23, the scheduled date for its next hearing, just as avidly as MuggleNet awaits July 21, the publication date for the last Harry Potter book. So will big-name brands like Tiffany and Christian Dior Couture, which have similar suits against eBay in process. --- Add to Del.icio.us | Digg | Reddit | Furl Bookmark WebProNews: