I give sellers a lot of leeway when they describe something as used. I can tolerate a bunch of dirt/grit/whatnot, a few blemishes here and there... the usual. New? That's a different matter altogether. For hardware, if you've done anything other than open the box and play with it for a few minutes, it's not new. In the case of media, if the wrapper is off it is most definitely not new.
I have to laugh at a lot of these keyboard listings that tack "NIB" on the end, when the keyboard is obviously used, and doesn't even come with the original box.