eBay does care, but its trouble enough for them to police all the listings on their site. If you can manage to get your restricted listing by their policing system, then you can manage to get a sale.
I tried selling an account for an online game for $200 and got fished out twice, then actually managed to sell it the 3rd time, tried selling another account 7 or 8 times before I sold my next account.
It was hard enough before all the chinese and koreans discovered a market in gold-farming. I also made $50 or so selling to a few people I knew, mass amounts of Pogo tokens I could effortlessly duplicate using ancient chinese secret (I don't know if it still works).
But selling Pokemon is new to me. If any shiny pokemon that isn't unique to X and Y is worth a respectable amount, then you can buy a cheap used DS and easily cheat your shinies.