"How can you say what the sellers intentions are without talking to him, to see if he shares the same knowledge as you do? If you have spoken to him, or have other knowledge of exactly what he knows, then I guess his alleged "intent to mislead" could be clear to you."
It is not necessary to talk to the Seller to find out his intentions. It is fair to make reasonable inferences. We do it all the time, in fact society would pretty much come to a standstill if we could not make such reasonable inferences about other people.
Is the inference in this example reasonable? Well, lets see we can look at a couple of things. Ther first is the timing. Of course this auction came about shortly after the new find was disclosed and the chips made generally available. Is it possible that this chip was in the Seller's possession before the find, absolutely, is it likely? No.
Look at the minimum bids on the chips, while it is sometimes the case that people will start these auctions very low, having faith that the bidding will drive the prices up, the auctions all seem to have minimum bids just high enough to make a nice profit on chip purchased for $25.
So although it is possible that these sellers are unaware of the new finds, it is fair to infer that they have knowledge that the chip is no longer valued as TCR indicates.
BTW here is another one:
http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=388868502
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