eBay would rather just go along with Microsoft's wishes, as do too many judges.
Here's the thing with eBay... they have the right to refuse to sell anything that they don't want to for whatever reason that they don't want to. I personally wouldn't use eBay, because I think they're a crooked outfit -- but if you do, then you're gonna have to put up with whatever they tell you to do.
However, if a judge gives a decision on the matter, then it binds a lot of other people in what they are allowed to do. That's not true with eBay. If eBay decides not to sell it (for whatever reason) they can simply refuse to sell it, giving you whatever bogus reason they want to.
Another outfit will sell it, instead of eBay. That's the way things work in our society.
But, as I said, a judge giving a decision is a completely different matter than eBay.
The eBay thing isn’t so clear. Microsoft will go after any venue that allows auctions of its products. Auction houses aren’t about to fight Microsoft to allow a tiny percentage of their auctions.
eBay is just the most egregious syncophant, not only complying but bending over backwards to help. At one time Microsoft had an eBay account, and they used that account to make complaints about legitimate auctions of Microsoft products and have the auctions pulled. Because of this people rated the Microsoft account very low. eBay changed all of those ratings to neutral, and then people left comments on the Microsoft account saying things like “Microsoft had my auction of a new, shrink-wrapped copy of [product] pulled. This is a negative rating.” Any further negative ratings still came out neutral.