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Paradise for Dubious Software?

Not an easy subject, I know, but how does eBay justify carrying such a vast quantity of illegal software without being closed down?

Illegal software has many definitions, but one enduring misconception is that software in a box looking all nice and new seems to be more 'legal' in the buyers' eyes than a plain CD in the post (whether original or not). The concept of OEM software is also widely misunderstood by most of us.

Do eBay just go back to their 'we're just a venue' excuse for allowing these sales?

This may be more obvious on ebay.co.uk where sellers are quite happy to admit they are selling pirate software in their descriptions.

As I said, everyone's got their own view on this, and I'm not claiming to be squeaky clean, but is there any basic difference between using dubious software and shoplifting?
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