I've been waiting to pick a used one up for a couple of weeks now. There's only 1 currently listed and the pickings over the past 2-3 weeks have been slim. Either people like these boxes or I've been searching the wrong way.
That article highlights the transgression: "... touting like-new iPods jammed full of content — for prices hundreds of dollars more than the cost of an untouched new iPod." If the buyer was not aware that the iPods were full of content -- if there was no insinuation that that might be the case whatsoever -- then there wouldn't be a problem. Nor any reason for anyone to pay any more (to obtain content that was not allowed to be part of a resale).