they won't do anything about it until after you buy the item

Or unless your hand is up their ass. I've had 3 auctions prematurely ended eBay. The first was for an NFR copy of BackOffice (the first version with NT 3.51). The last two were for promo DVDs where the blemish to the UPC was evident in my picture of the item.

The NFR is understandable even though I was selling it 10 years after it was commercially available. The DVDs are outrageous. If you can buy a cut CD or DVD at Tower Records, I should be able to sell them on eBay.