It's not whatever, but simple facts Cue. It's one thing to say what you say and incite others to to take up the fight, but fight what you can fight, and this is one fight you would lose.
Surely you remember the goings on in the middle of 06, all the yap about solicitors, the protests, the " were all leaving to go to OZtion ", and some of those people did seek legal advice on all sorts of things, as I have myself.
If you honestly believe a multi billion dollar corporate giant, wouldn't have a legal firm working for them to protect it, then be my guest and put your hard earned up and find out the same thing I found out, courtesy of an old school mate, for free, who just happens to be pretty good in the legal business, you will lose your money.
We all signed their agreement, which basically means your screwed, no matter what you do. I understand yours and others frustrations, I understand ebay have been sued over issues to do with trademarks ( counterfeit items ) and their shill bidding activities way back when, and they even lost a case come to be known as the " Hornsby Monitor Scam ", where a shonk was allowed back to sell, who shouldn't of been, but taking them on over Monopoly Laws will fail miserably.
I asked my Mate about Duty of Care over the forums, but as he stated, you go there voluntarily, ebay did not force you to contribute, and so with everything else, as he stated, people are not forced to use ebay, it's personal choice.
As to viable alternatives, too many variables, someone here today said they are going great on another site, and you gave them a Bravo, that ends your monopoly theory.