Seems Like a Loophole in eBay's VERO Program. If the IP holder doesn't respond to counternotices, should such notices actually count against the user? CNet reports that "'Warcraft' maker sued for blocking sales of unofficial guide." From the article: "Kopp filed counternotices protesting the infringement claims. Because the companies did not respond to the documents within 14 days, eBay was free under the DMCA to reinstate his auctions, which it did. But by November, eBay had accumulated enough takedown warnings from the companies to warrant suspending Kopp's account. He restarted his sales under a new username, which quickly earned suspension, too." Marty has links to the complaint and his thoughts on the case here.