J. K. Rowling, creator of Harry Potter, is suing eBay after the Indian version of the website was used to sell unauthorised versions of her books.

Rowling is not the first person to sue eBay for breach of copyright, but she has won a unique victory by obtaining an injunction that prohibits eBay from listing illegal copies of her work. The court order is a setback for eBay because it is the first time the company has been obliged to police its sellers’ auctions for copyrighted material.

Ebay, is also fighting similar complaints by Tiffany in New York and Christian Dior Couture in Paris, denies that it is responsible for the auctions its users conduct on its website, and claims that it is impractical for it to vet every sale.

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 did not respond when contacted for comment, but in previous cases it has argued that its website is a platform or marketplace and not an auction site.

Rowling’s lawyers claim that if eBay profits from sales of illegal goods then it should be held liable.

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Posted: 02|26|07 at 8:08 am. Filed under: UK News.