I wouldn't say so.
From what I gather, it's the same as emulation.
Creating and distributing an emulator means nothing, but it's distributing/receiving backed up games that you didn't rip from your own games.
So selling/buying a modded console is fine, but "stealing" content you didn't pay for is "bad".
I've found it to be a mixed bag myself. I sold a SNES Classic loaded with games just fine, but a modded PSP and 3DS with nothing included got flagged. I've found calling them "Region Free" allows them to go under the radar.I know selling jailbroken console with backup would get you in trouble, not 100% about if it was only Jailbroken as Im not including any games backup.
I've found it to be a mixed bag myself. I sold a SNES Classic loaded with games just fine, but a modded PSP and 3DS with nothing included got flagged. I've found calling them "Region Free" allows them to go under the radar.
You're not dealing with any one game company directly, usually it's eBay bots looking for keywords and then someone at eBay gives the system the O-K to kill your listing. Citing some vague perpetual agreement they have with Sony/Microsoft/Nintendo etc. to protect their intellectual property. They never actually talk to the company they think you're trying to rip off.I sold few 3ds that was soft modded got flagged on ebay, never got in trouble for it, Just that I don't want to deal with Sony, since I am selling a PSTV and a HDD with it spice up the price a bit, and all the nonpdrm game are like decrypted, so people can just drag and drop and put it on a storage device.