But there's no public policy stating that. I'd love to see it if you know where it is. According to publicly available eBay policy/rules, there's a very narrow and limited way you can list digital things: http://pages.ebay.com/help/policies/downloadable.htmlI was told directly by multiple ebay CS reps on the phone that it is allowed if you sell it that way. I was even sent an email once explaining the policy, that stated as such.
The latter part you mention would also apply to selling an Xbox Live or PSN+ subscription if the code didn't work, though. So it doesn't just apply to DLC.
None of that covers the whole "mail the paper to CYA" thing. Mailing the paper with DC covers your ass for an INR (if you put aside the issue of whether or not codes can be sold like they are in the first place), but the whole SNAD thing for a non-working code is ripe for exploitation whether or not you send anything physically.
Obviously people are selling all sorts of DLC and other digital things on eBay that are technically prohibited as far as the public rules go. eBay does little about it unless sellers start reporting each other. DLC listings basically survive and appear to be quasi-accepted on the site because eBay isn't going to turn down money from those listing fees.
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