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"I'm going to compete with eBay in a market visibly riddled with fraud and malicious actors" is probably a bad omen regardless of the third-party problem.

But. If you arrange the transaction between the two sellers and hold payment+device in escrow, then that's clearly "arranged between two sellers" and wouldn't be the target of this ruling.

(Escrow insurance isn't cheap, though. And without escrow, you have nothing but risk.)

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The use of an approach based on Letters of Credit entail clasuses that compel arbitration. That means there must be "Principled Documents" available that will support a court case in the event the arbitration process fails. Further, it is now seen that there are weaknesses in arbitration jurisprudence that allow either party to reneg on payments to the arbitrator; in which case the judge must dismiss the case. (Harvard Negotiation Law Review). It is not clear if the arbitration process will be modified (read: repaired). In effect, Amazon is asking to ignore precedent jurisprudence.

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