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DavidRealistically, eBay could find themselves in legal trouble if they don't handle some of these situtations-- especially after it has been featured in MSNBC where they were interviewed and even the seller admits he broke the law.
Further, eBay is essentially a monopoly. Their current inaction may come back to bite them someday, when a bill comes to the floor of Congress concerning their monopoly status and/or regulations of the industry. Especially in the current Enron mood, Congress and regulators are not going to go out of their way protect a system that encourages fraud or ordinary citizens.