Considering there's plenty of people selling bootleg dvd's, cd's and copies of games currently being sold, I doubt ebay is getting too fussed about someone selling a bootleg copy of Turrican or whatever.
Im somewhat amused.. some guy keeps offering up A1200's with compact flash hard drives and, according to the auctions, 1000's of games installed with whdload.
Somehow doubt he bought all of those..