I disagree with the scope of the eBay policy (and, in fact, it is not being enforced - see my earlier post). But the whole Cuban thing has the chance to blossom into a big issue now that attention is drawn to the Jay-Z & Beyonce incident, and eBay doesn't want to end up on the wrong side of the law.
To correct earlier observations, eBay is not worried about "litigation." It is worried that the Treasury Department will impose a fine and eBay will have no (or a dwindling) legal defense. The government does not politely sue people or companies and await a court decision before imposing punishment.
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