providing no liability for the advertisers which had put advertisement on peer-to-peer websites offering illegal content because no intent to facilitate infringement was shown.
holding eBay liable for third parties’ sales on eBay because played an “active role” in providing assistance in the promotion and optimization of these offers. eBay was also held to have red flag knowledge of infringing activity because of (i) the multitude notices of infringement it received on sales concerning this type of products and (ii) its promotion and involvement in these sales.