Ebay policy enforcement is not governed by law, although, many policies are a result of laws. It is their site, and therefore, their rules. If ebay wants to pull your auction because you looked at them funny, they can.
You, as the consumer, can not use ebay, but these days, the uniformed masses will continue to use what they know while be pounded from the back side. Therefore, a strike against ebay will be taking pebbles to attack a castle.