Is Proquest Guilty of Copyright Infringement?

The record shows that many Ohio University professors are willing to approve theses and dissertations containing plagiarism. However, we also know that authors who had their work stolen may choose to hold cheating students accountable. For example, plagiarizing cost Elisabeth Nixon at least $10,000.

But what about the organizations that publish and sell works containing plagiarism? For example, Proquest offers for sale an OU dissertation for up to $75.00 even though the dissertation contains pages of plagiarized material. You can see some of the plagiarism here. You can see one of the original sources here and the other source here. I even have an email from one of the true authors confirming that his work was stolen. He wrote to me in July 2009: "I went over the section 1.6 Vascular aging part of the dissertation ( page 36-37), and found that the entire section was copied verbatim right out of our paper." He also wrote: "I strongly feel that plagiarism in any form should not be allowed in academia, and that appropriate actions should be taken by the school as well as the faculty as a whole."

It's been well over a year since evidence of plagiarism in the OU dissertation has been exposed; yet, it is still offered for sale. Can Proquest be sued for copyright infringement?