Ebay seller stole my picture
Once you uploaded the picture to the website server it becomes that servers and its owners to use as they wish...You cannot compare this to taking a toy from your yard that you own. If you want a comparison you need to use it this way.. You brought your kids toy over to my house and left it there on your own doing for me to enjoy and anyone who comes over... Then you get mad because someone else is playing with it...
Will not hold up in court for sure... Or at least you would not want me on the jury for this case..lol