Pirated software applications and graphics are everywhere on Ebay. 

Spotting them is not too hard.  Asking questions and reading the auction copy is your best weapon against being "taken" or against possible criminal charges.  Yes, criminal charges.

Buying stolen, copied, cracked or hacked software that the seller offers easily falls within the receipt of stolen property which is a crime in almost every state.  If you receive stolen software that is shipped to you or that you download and it is across state lines then you are now talking about a federal crime involving interstate commerce.

How do you identify Software and Graphics items that are traps?  What is the normal price of the software that is being offered?  If software is being sold in retail stores for $699 but the product is being offered on Ebay with no reserve... that's a warning sign.  If the Buy It Now price is $85 and it's the current edition of the software.... that's a warning sign.

Ask if the software is a copy or if it is the original CD.  Also, ask the auction seller for a bill of sale that includes the serial number and the registered address of the Owner of the Software license for that serial number.  If the Seller will not give you such a document then you cannot transfer the serial number and the owner's license to your name with the software manufacturer.  This means you will not qualify for purchased upgrades as an owner of a properly registered software license.

Save all emails from sellers.  If you can verify their email address, do so.  If it's a hotmail email address or another free email account that doesn't specifically require a credit card or other verified address or identity information then . . . that too may be a warning sign.

Can you get bargains on Ebay?  Absolutely, but the fact is that most people know the value of what they are selling and they have paid something for it.  Usually the scams occur with high-end software like Adobe Photoshop, Adobe GoLive, Macromedia Flash, Macromedia Dreamweaver, Adobe Premiere or any of the Packaged Products that cost more money.  If you see a high end product going for only pennies on the dollar . . . .there is a problem.  Either it's a fraud or the person is completely clueless about what they are selling.  The chances that anyone selling a high end product doesn't know what they have in their hands is pretty slim.

There are also those that take freeware and bundle them together and sell them as a package by making them look like you are getting all this fantastic sofware at a discount or thousands of website templates for just pennies, or thousands of Flash banners for just a few bucks....   It doesn't take a rocket scientist to realize the work that went into all the products and graphics that are being sold.  Someone put all that time into creating software and scripting and graphics and Flash templates, right.... (provided you actually receive them)?  But who owns all these software products and templates and scripts and graphics?  Who owns the resale rights?  Do you know?  If you don't, you have a reasonable obligation to make inquiry.  That is not simply my opinion.  The law applies a standard of reasonableness to all persons. 

Is it reasonable to believe that a person with a $699 retail software program would sell it for $100?  Is it reasonable for someone to buy a graphics package that offers more than most commercial packages that are on the market for $150 for $9.95?  Ebay has bargains and every now and then you'll find a great deal but it will be clear that it usually a seller who listed in a poor category, used a poor description or just isn't that experienced on Ebay. 

Buy stolen software or graphics and you may pay a much higher price than you expect.  Remember, ignorance is no defense.

Remember,  if it looks like a "steal" and sounds like a "steal" that's probably just what it is. . . . STOLEN.