Here is the exact quote from the Digital Millenium Copyright Act (I've cut the lines regarding restored work, as it does not apply to audio but more to video):
Quote:
Notwithstanding the provisions of section 106(3) [17 USC 106(3)], the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.
Basically, if you hand out a promo that was legally pressed and authorized by the record company or artist, no matter what stampings you put on the CD, the radio station / newspaper / individual can resell the album.
In the 2 eBay examples here:
1- That does look like a fake promo (it looks like something someone would make in his basement). It's illegal if it was not pressed by the band/record company.
2- Looks like a real promo, therefore 100% legal.
2 other things to remember. 1) eBay, again, is not a store. It's not retail sales. 2) The DMCA is not enforced in all countries. What is legal in one country might not be in another country, and vice-versa.
PS: I'm not trying to annoy people, but I'd rather think that we'd be looking for mass production of illegal records rather than a single promo item on eBay.