This has happened before, micro ( I just can't bring myself to call anybody "dip":-D).
Ebay, the River, all of them have outage problems.
Right now, U-bid's sellers are worried about the site going under - apparently they have a big debt payment they're scrambling to find money for ( see the auctionbytes blog for that).
For all we know, this could have been a denial-of-service attack, not done for the reason ebay stated.
I agree that I don't know how this ends. Nobody does.
A Court could make the determination that this is a
force majeur breach, in which ebay would be held blameless.
No doubt the lawyers will be busy for a while with this one.
Imagination will often carry us to worlds that never were. But without it we go nowhere. Carl Sagan