IANAL but selling the device is not illegal and a court would not consider it a stolen item. It's against Google's terms, which is a contract between Google and the recipient of the cr48. Why is eBay enforcing that contract?
Agreed. People on the Internet seem to always demand companies to act in accordance with some law that does not apply. Freedom of speech is a fantastic thing. However, it does not mean that you can walk into a restaurant and scream at the patrons and the owner is somehow unable to kick you out. Same thing happens online on sites like Digg where "censorship" is usually greeted with "it is my constitutional right..." By the same token most businesses can refuse to do business with you, and frankly more should. The "customer is always right" mantra is not a dogma. If a client is toxic, cut your loses. It's better than getting ulcers, I hear. I'll get off the soap box now.
